Constitution and By-laws of the Ute Indian Tribe of the Uintah and Ouray Reservation
Approved: 1937
Preamble
We, the Ute Indians of the Uintah, Uncompahgre and Whiteriver Bands
hereafter to be known as the Ute Indian Tribe of the Uintah and Ouray
Reservation, in order to establish a more responsible tribal organization,
promote the general welfare, encourage educational progress, conserve
and develop our lands and resources, and secure to ourselves and our
posterity the power to certain rights of home rule, not inconsistent
with the Federal , State and local laws, do ordain and establish this
Constitution for the Ute Indian Tribe of the Uintah and Ouray Reservation.
The Jurisdiction of the Ute Indian Tribe of the Uintah and Ouray Reservation
shall extend to the territory within the original confines of the Uintah
and Ouray Reservation as set forth by Executive Orders of October 3,
1861 and January 5, 1882, and by the Acts of congress approved
May 27, 1902 and June 19, 1902, and to such other lands without such
boundaries as may hereafter be added thereto under any law of the United
States, except as otherwise provided by law.
Section 1. The membership of the Ute Indian Tribe of the Uintah
and Ouray Reservation shall consist as follows:
(a) All persons or Indian blood whose names appear on the official census roll of the Ute Indian Tribe of the Uintah and Ouray Reservation as of July 1,1935.
(b) All children born to any member of the Ute Indian Tribe of the Uintah and Ouray Reservation who is a resident of the Reservation at the time of the birth of said children.
Sec. 2. The Tribal Business Committee shall have the power to promulgate
ordinances, subject to review by the Secretary of the Interior, covering
future membership and the adoption of new members.
(a) No property rights shall be acquired or lost through membership in this organization except as provided herein.
Article III - The Business Committee
Section 1. The governing body of the Ute Indian Tribe of the Uintah
and Ouray Reservation shall be a business committee known as the Uintah
and Ouray Tribal Business Committee.
Sec. 2. The Tribal Business Committee shall consist or six members,
two (2) members duly elected from each or the three (3) bands of the
Ute Indian Tribe of the Uintah and Ouray Reservation known as the Uintah,
Uncompahgre and Whiteriver Bands.
Sec. 3. The members of the Tribal Business Committee shall be
elected for a term of four(4) years, except at the first election, when
one (1) member from each band shall be elected for a term of two (2)
years: thereafter, their successors shall be elected for a term of four
(4) years.
Sec. 4. The Tribal Business Committee, so organized, shall elect
from within its own number (1) a chairman, (2) a vice chairman; and
from within or without. (3) a secretary, and (4) a treasurer, and such
other officials and committees as may be deemed necessary.
Sec. 5. The first election of the Tribal Business Committee hereunder
shall be called, held and supervised by the present Tribal Business
Committee within sixty (60) days after the ratification and approval
of this Constitution.
The candidate from each band receiving the highest number of votes shall
hold office for a term of four (4) years, and the candidate from each
band receiving the next highest number of votes shall hold office for
two (2) years: thereafter, every two (2) years a Tribal Business Committeeman
shall be elected from each band to represent such bands for a term of
four (4) years.
After the first election, elections for the Tribal Business Committee
shall be called at least sixty(60) days prior to the expiration of the
terms of office of the members of the Tribal Business Committee.
Article IV - Nominations and Elections
Section 1. - Any member of the Ute Indian Tribe of the Uintah and
Ouray Reservation twenty-one (21) years of age or over, who has maintained
a legal residence on the Uintah and Ouray Reservation for a period of
one (1) year preceding the election, shall be entitled to vote and hold
office.
Sec. 2. Any legal voter is eligible to serve as a member of the
Tribal Business Committee.
Sec 3. All elections shall be by secret ballot and shall be held
in accordance with rules and regulations prescribed by the Tribal Business
Committee, or by an election board appointed by the Tribal Business
Committee.
Article V - Vacancies and Removal From
Office
Section 1. If a member of the Tribal Business Committee or an elective
official shall die, resign, be removed or recalled from office, permanently
leave the reservation, or be found guilty of a felony or misdemeanor
involving dishonesty in any Indian, State or Federal court, the position
shall be declared vacant at the discretion of the Tribal Business Committee,
and they shall designate a time to hold a special election to fill the
vacancy.
Sec. 2. The Business Committee may by four (4)
affirmative votes, expel any member for neglect of duty or gross
misconduct. Before any vote for expulsion is taken on the matter, such
member or official shall be given a written statement of the charges
against him at least five (5) days before the meeting of the Business
Committee, before which he is to appear, and an opportunity to answer
any and all charges at such designated Committee meeting. The decision
of the Business Committee shall be final.
Sec 3. Upon receipt of a petition signed by one-third of the
eligible voters in any band calling for the recall of any member of
the Committee representing said band, it shall be the duty of the Committee
to call an election on such recall petition. No member may be recalled
in any such election unless at least thirty percent of the legal voters
of the band which he represents shall vote at such election.
Section 1. Enumerated powers. - The Tribal Business Committee
of the Uintah and Ouray Reservation shall exercise the following powers,
subject to any limitations imposed by the statutes or the Constitution
of the United States, and subject further to all express restrictions
upon such powers contained in this Constitution and By-laws, and subject
to review by the Ute Bands themselves at any annual or special meeting:
(a) To negotiate with the Federal, State and local governments on behalf of the Tribe and to advise and consult with the representatives of the Interior Department on all activities of the Department that may affect the Ute Indian Tribe.
(b) To employ legal counsel for the protection and advancement of the rights of the Ute Indian Tribe of the Uintah and Ouray Reservation, the choice of counsel and fixing of fees to be subject to the approval of the Secretary of the Interior.
(c) To approve or veto any sale, disposition, lease or encumbrance of tribal lands, interest in tribal lands, or other tribal assets, which may be authorized or executed by the Secretary of the Interior, Commissioner of Indian Affairs, or any other official or agency of government, provided that no tribal lands shall ever be encumbered or sold, except for governmental purposes, or leased for a period exceeding five years, except that cases for mining purposes or on irrigable land maybe made for such longer periods as may be authorized by law.
(d) To advise the Secretary of the Interior with regard to all appropriation estimates, or Federal projects, for the benefit of the Ute Indian Tribe of the Uintah and Ouray Reservation prior to the submission of such estimates to the Bureau of the Budget and to Congress.
(e) To make assignments of reservation land to members of the Ute Indian Tribe of the Uintah and Ouray Reservation in conformity with Article VIII of this Constitution.
(f) To regulate all economic affairs and enterprises in accordance with the terms of a Charter that may be issued to the Ute Indian Tribe of the Uintah and Ouray Reservation by the Secretary of the Interior.
(g) To appropriate for salaries of tribal officials or other public purposes of the Tribe any available tribal funds, provided that any such appropriation made prior to July 1, 1940, shall be subject to review by the Secretary of the Interior.
(h) To levy taxes upon members of the Ute Indian Tribe of the Uintah and Ouray Reservation, and to require the performance of community labor in lieu thereof, and to levy taxes and license fees, subject to review bythe Secretary of the Interior, upon non-members doing business within the Reservation.
(i) To exclude from the territory or the Uintah and Ouray Reservation persons not legally entitled to reside therein, under ordinances which shall be subject to review by the Secretary of the Interior.
(j) To enact resolutions or ordinances, not inconsistent with Article II of this Constitution governing adoption and abandonment of members, and to keep at all times a correct roll of the members of the Ute Indian Tribe of the Uintah and Ouray Reservation.
(k) To promulgate and enforce ordinances, which shall be subject to review by the Secretary of the Interior, governing the conduct of members of the Ute Indian Tribe of the Uintah and Ouray Reservation, and providing for the maintenance of law and order and the administration of justice by establishing a Reservation Indian Court and defining its duties and powers.
(l) To safeguard and promote the peace, safety, morals and general welfare of the Ute Indian Tribe of the Uintah and Ouray Reservation by regulating the conduct of trade and the use and disposition of property upon the Reservation, provided that any ordinance directly affecting nonmembers of the Reservation shall be subject to review by the Secretary of the Interior.
(m) To charter subordinate organizations for economic purposes, and to regulate the activities of cooperative associations of members of the Ute Indian Tribe of the Uintah and Ouray Reservation by ordinance, provided that any such ordinance shall be subject to review by the Secretary of the Interior
(n) To regulate the inheritance of property, real and personal, other than allotted lands, within the territory of the Uintah and Ouray Reservation, subject to review by the Secretary of the Interior.
(o) To regulate the domestic relations of members of the Ute Indian Tribe of the Uintah and Ouray Reservation by ordinances which shall be subject to review by the Secretary of the Interior.
(p)To provide for the appointment of guardians for minors and mental incompetents by ordinances or resolutions which shall be subject to review by the Secretary of the Interior.
(q) To cultivate and preserve native arts, crafts, culture, and Indian ceremonials.
(r) To adopt resolutions to regulate the procedure of the Tribal Business Committee itself, and all other tribal agencies and tribal officials of the Uintah and Ouray Reservation.
(s) To delegate to subordinate organizations or to cooperative organizations which are open to all members of the Ute Indian Tribe of the Uintah and Ouray Reservation any of the foregoing powers reserving the right to review any action taken by virtue of such delegated power.
Sec. 2. Manner of review. -Any resolution or ordinance
which by the terms of this Constitution is subject to review by the
Secretary of the Interior, shall be presented to the Superintendent
of the Reservation who shall, within ten (10) days thereafter, approve
or disapprove the same, and if such ordinance or resolution is approved,
it shall thereupon become effective, but the Superintendent shall transmit
a copy of the same, bearing his endorsement, to the Secretary of the
Interior, who may within ninety (90) days from the date of enactment,
rescind said ordinance or resolution for any cause, by notifying the
Tribal Business Committee of such action; provided that if the Superintendent
shall refuse to approve any resolution or ordinance submitted to him
within ten (10) days after its enactment, he shall advise the Tribal
Business Committee of his reasons therefore, and the committee, if such
reasons appear to be insufficient may refer it together with the Superintendent's
objections to the Secretary of the Interior, who may pass upon same
and either approve or disapprove it within ninety (90) days from its
enactment.
Sec. 3. Future powers. -The Tribal Business
Committee may exercise such further powers as may in the future be delegated
to them by the Secretary of the Interior, or by any other duly authorized
official or agency of the Government.
Sec. 4- Reserved powers. -Any rights and powers
heretofore vested in the Tribe or bands of the Uintah and Ouray Reservation
but not expressly referred to in this Constitution shall not be abridged
by this article, but may be exercised by the people of the Uintah and
Ouray Reservation through the adoption of appropriate By-laws and constitutional
amendments.
Section 1. All members of the Ute Indian Tribe of the Uintah
and Ouray Reservation over the age of twenty-one (21) years who have
maintained legal residence on the Reservation for a period of one year
immediately prior to any election shall have the right to vote in all
tribal elections.
Sec. 2. All members of the Ute Indian Tribe of the Uintah and
Ouray Reservation shall be accorded equal opportunities to participate
in the economic resources and activities of the Reservation.
Sec. 3. All members of the Ute Indian Tribe of the Uintah and
Ouray Reservation may enjoy, without hindrance, freedom of speech, worship,
conscience, press, assembly and association.
Sec. 4. Any member of the Ute Indian Tribe of the Uintah and
Ouray Reservation accused of any offense shall have the right to a prompt,
open and public hearing, with due notice of the offense charged, and
shall have the right to summon witnesses on his own behalf. Trial by
jury may be demanded by any prisoner accused of any offense punishable
by more than thirty (30) days imprisonment. Excessive bail shall not
be required, and cruel punishment shall not be imposed.
Sec. 1. Alloted Lands . - Alloted
lands, including heirship lands, within the Uintah and Ouray Reservation
shall continue to be held as heretofore, by their present owners. It
is recognized that under existing law such lands may be condemned for
public purposes, such as roads, public buildings, or other public improvements,
upon payment of adequate compensation, by any agency of the State of
Utah, or of the Federal government, or bythe Tribe itself. It
is further recognized that under existing law such lands may be inherited
by the heirs of the present owner, whether or not they are members of
the Ute Indian Tribe of the Uintah and Ouray Reservation. Likewise,
it is recognized that under existing law the Secretary of the Interior
may, in his discretion, remove restrictions upon such land, upon application
by the Indian owner, whereupon the land will become subject to State
taxes and may then be mortgaged or sold. The right of the individual
Indian to hold or part with his land, as under existing law, shall not
be abrogated byanything contained in this Constitution, but
the owner of restricted land may, with the approval of the Secretary
of the Interior, voluntarily convey his land to the Ute Indian Tribe
of the Uintah and Ouray Reservation either in exchange for a money payment
or in exchange for an assignment to cover the same land or other land,
as hereinafter provided.
Sec. 2. Tribal lands. - The unalloted lands of
the Uintah and Ouray Reservation, and all lands which may hereafter
be acquired by the Ute Indian Tribe of the Uintah and Ouray Reservation
or by the United States in trust for the Ute Indian Tribe of the Uintah
and Ouray Reservation, shall be held as tribal lands, and no part of
such lands shall be mortgaged or sold. Tribal land shall not be allotted
to individual Indians but may be assigned to members of the Ute Indian
Tribe of the Uintah and Ouray Reservation, or leased, or otherwise used
by the Tribe, as hereinafter provided.
Sec. 3. Leasing of tribal lands - Tribal lands
may be leased by the Tribal Business Committee with the approval of
the Secretary of the Interior, for such periods of time as are permitted
by law.
In the leasing of tribal lands, preference shall be given, first, to Indian cooperative associations, and, secondly, to individual Indians who are members or the Ute Indian Tribe of the Uintah and Ouray Reservation.
No lease of tribal lands to a non-member shall be made by the Tribal Business Committee unless it shall appear that no Indian cooperative association or individual member of the Tribe is able and willing to use the land and to pay a reasonable fee for such use.
Grazing permits covering tribal land may be issued by the Tribal Business Committee, with the approval of the Secretary of the Interior, in the same manner and upon the same terms as leases.
Sec. 4. Grant of standard assignments. - In any
assignment of tribal lands which now are owned by the Tribe or which
hereafter may be acquired for the Tribe by the United States or purchased
by the Tribe out of tribal funds, preference shall be given to heads
of families which have no allotted lands or interest in allotted lands.
No allotted member of the Tribe who may hereafter have the restrictions upon his land removed and whose land may thereafter be alienated shall be entitled to receive an assignment of land as a landless Indian.
The Tribal Business Committee may, if it sees fit, charge a fee of not to exceed five dollars ($5.00) on approval of an assignment made under this section. Assignments made under this section shall be for the primary purpose of establishing homes for landless Indians, and shall be known as standard assignments.
Sec. 5. Tenure of standard assignments. - If
any member of the Tribe holding a standard assignment of land shall,
for a period of two years, fail to use the land so assigned for shall
use such land or any unlawful purpose, his assignment may be canceled
by the Tribal Business Committee after due notice and an opportunity
to be heard, and the said land may be reassigned in accordance with
the provisions of section 4 of this article.
Upon the death of any Indian holding a standard assignment, his heirs or other individuals designated by him, by will or by written request, shall have a preference in the reassignment of the land, provided such persons are members of the Ute Indian Tribe of the Uintah and Ouray Reservation and are eligible to receive such assignment.
Sec. 6. Grant of exchange assignment. - Any member
of the Tribe who owns an allotment or any share of heirship land may
voluntarily transfer his interest in such land to the Tribe in exchange
for an assignment to the same land or other land of equal value. If
the assignee prefers, he may receive, in lieu of a specific tract of
land, a proportionate share in a larger grazing unit. Assignments made
under this section shall be known as exchange assignments.
Sec. 7. Leasing of exchange assignments. - Exchange
assignments may be used by the assignee or leased by him to Indian
cooperative associations, to individual members of the Tribe, or, if
no individual Indian or Indian cooperative association is able and willing
to rent the land at a reasonable fee, such assignments may he leased
to non-members in the same manner as allotted land.
Sec 8. Inheritance of exchange assignments. - Upon the death
of the holder of an exchange assignment, his interest shall be reassigned
by the Tribal Business Committee to his heirs and devisees, subject
to the following conditions:
(a) The land may not be reassigned to any heir or devisee who is not a member of the Ute Indian Tribe of the Uintah and Ouray Reservation except that a life assignment maybe made to the surviving widow or widower or the holder of an assignment
(b) Such lands may not be reassigned to any heir or devisee who already holds more than an economic unit of grazing land or other land or interest in lands of equal value, to be determined from time to time by the Tribal Business Committee.
(c) Such lands may not be subdivided among heirs or devisees into units too small for convenient management. No area of grazing land shall be subdivided into units smaller than one-hundred-sixty (160) acres, and no area of agricultural land shall be subdivided into units smaller than two-and-one-half (2 1/2) acres, except that land used for buildings or other improvements may be divided to suit the convenience of the parties. Where it is impossible to divide the land properly among the eligible heirs or devisees the Tribal Business Committee may issue to the eligible heirs or devisees grazing permits or other interest in tribal lands of the same value as the assignment of the decedent.
(d) If there are no eligible heirs or devisees of the decedent, the land shall be eligible for reassignment in accordance with the provisions of section 4 of this article.
Sec. 9. Inheritance of improvements. - Improvements
of any character made upon assigned land may be bequeathed to and inherited
by members of the Ute Indian Tribe of the Uintah and Ouray Reservation
or otherwise disposed of under such regulations as the Tribal Business
Committee shall provide. No permanent improvements shall be removed
from the land without the consent of Tribal Business Committee.
Sec 10. Exchange of assignments. - Assignments may
be exchanged between members of the Ute Indian Tribe of the Uintah and
Ouray Reservation by common consent in such a manner as the Tribal Business
Committee shall designate.
Sec. 11. Use of unassigned tribal land. - Tribal
land which is not assigned, including tribal timber reserves, shall
be managed by the Tribal Business Committee for the benefit of the members
of the entire Tribe, and any cash income derived from such land shall
accrue to the benefit of the Tribe as a whole. All action of the Tribal
Business Committee with respect to such lands shall be in conformity
with departmental regulations for the protection of Indian range and
timber resources authorized by section 6 of the Act of June I8, 1934.
Sec. 12. Purchase of land by the tribe. - Tribal
funds may be used, with the consent of the Secretary of the Interior,
to acquire land, under the following conditions:
(a) Land within the Uintah and Ouray Reservation or adjacent to the boundaries thereof which is not now in Indian ownership may be purchased by or for the Ute Indian Tribe of the Uintah and Ouray Indian Reservation.
(b) Restricted lands, which are in heirship status at the time of the adoption and approval of this Constitution, may be purchased by or for the Ute Indian Tribe of the Uintah and Ouray Reservation, with the consent or all the adult heirs and the legal guardians of minor heirs, payment therefore to be made as may be agreed upon.
(c) Land owned by any member of the Tribe who is over the age of sixty (60) years or who is physically incapacitated, may be transferred by its owner to the Tribe in exchange for a pension of not more than twice the annual rental value of the land for the life of the pensioner, to be paid out of available tribal funds.
(d) Excess land owned by any member of the Tribe may be purchased by the Tribe, with the consent of the owner, payments to be made under such terms as may be agreed upon.
(e) Land owned by any member of the Tribe who desires to leave the Reservation permanently may be purchased by the Tribe, under such terms as may be agreed upon.
Sec. 13. Method of making assignments. - Applications
for assignments shall be filed with the Secretary of the Tribal Business
Committee and shall be in writing, setting forth the name of the person
or persons applying for the land and as accurate a description of the
land desired as the circumstances will permit. Notices of all applications
received by the Secretary shall be posted by him in the agency office
and in at least three other conspicuous places on the Reservation for
not less than twenty (20) days before action is taken by the Tribal
Business Committee. Any member of the tribe wishing to oppose the granting
of an assignment shall do so in writing, setting forth his objections,
to be filed with the Secretary of the Tribal Business Committee, and
may if he so desires appear before the Tribal Business Committee to
present evidence. The Secretary of the Tribal Business Committee shall
furnish the superintendent or other officials in charge of the agency
a complete record of all action taken by the Tribal Business Committee
on applications for assignments of land, and a complete record of assignments
shall be kept in the agency office and shall be open for inspection
by members of the Tribe.
The Tribal Business Committee shall draw up one or more forms for standard and exchange assignments, which shall be subject to the approval of the Secretary of the Interior.
Upon a petition of at least one-third (1/3) of the eligible voters of
the Ute Indian Tribe of the Uintah and Ouray Reservation, or upon the
request of a majority of the members of the Tribal Business Committee,
any enacted or proposed ordinance or resolution of the Tribal Business
Committee shall be submitted to a popular referendum, and the vote of
the majority of the qualified voters voting in such referendum shall
be conclusive and binding on the Tribal Business Committee provided
that at least thirty (30) per cent of the eligible voters shall vote
in such election.
Amendments to the Constitution and By-laws may be ratified and approved
in the same manner as this Constitution and By-laws. Whenever the Tribal
Business Committee shall, by an affirmative vote, of four or more members,
call for the submission of an amendment, the Secretary of the Interior
shall call an election upon the proposed amendment. If at such election
the amendment is adopted by a majority of the qualified voters of the
Tribe voting thereon and if at least thirty (30) percent of those entitled
to vote shall vote in such election, such amendment shall be submitted
to the Secretary of the Interior and if approved by him, shall thereupon
take effect.
BY-LAWS OF THE UTE INDIAN TRIBE OF
THE UINTAH AND OURAY RESERVATION
Article I - Duties of Officers
Sec. 1. - Chairman of the Tribal Business Committee. -
The Chairman of the Tribal Business Committee shall preside over all
meetings of the Committee, shall perform all duties of a chairman and
exercise any authority delegated to him by the Committee. He shall have
the privilege of voting.
Sec. 2. Vice-Chairman of the Tribal Business Committee. -
The Vice-Chairman shall assist the Chairman when called upon so to do
and in the absence or the Chairman, he shall preside. When so presiding,
he shall have all the rights, privileges, duties and responsibilities
of the Chairman.
Sec. 3 Secretary of the Tribal Business Committee.
- The Secretary of the Tribal Business Committee shall conduct all
tribal correspondence and shall keep an accurate record of all matters
transacted in Tribal Business Committee meetings. It shall be his duty
to submit promptly to the Superintendent of the jurisdiction and the
Commissioner of Indian Affairs copies of all minutes of regular and
special meetings of the Tribal Business Committee.
Sec. 4. Treasurer of the Tribal Business Committee.-
The Treasurer of the Tribal Business Committee shall accept, receive,
receipt for, preserve, and safeguard all funds in the custody of the
Tribal Business Committee, whether same be tribal funds or special funds
for the which the Business Committee is acting as trustee or custodian.
He shall deposit all such funds in such bank or elsewhere as directed
by the Tribal Business Committee and shall make and preserve a faithful
record of such funds and shall report on all receipts and expenditures
and the amount and nature of all funds in his possession or custody,
such report being made in writing to the Tribal Business Committee at
regular meetings and at such other times as requested by the Tribal
Business Committee.
He shall
not pay out or otherwise disburse any funds in his possession or custody,
or in the possession or custody of the Tribal Business Committee, except
when properly authorized to so do by resolution duly passed by the Tribal
Business Committee.
The books and records of the Treasurer shall be audited at least once
each year by a competent auditor employed by the Tribal Business Committee
and at such other times as the Tribal Business Committee or the Commissioner
of Indian Affairs may direct.
The Treasurer shall be required to give a bond satisfactory to the Tribal
Business Committee and to the Commissioner of Indian Affairs.
The Treasurer shall be present at all special and regular meetings of
the Tribal Business Committee.
Sec. 5 Appointive officers. - The duties of all
appointive committees or officers of the Ute Indian Tribe of the Uintah
and Ouray Reservation shall be clearly defined by resolution of the
Tribal Business Committee at the time of their creation or appointment.
Such committees and officers shall report from time to time as required
by the Tribal Business Committee, and their activities and decisions
shall be subject to review by the Tribal Business Committee upon petition
of any person aggrieved.
Article II -
Qualifications of Committeemen
No person shall be a candidate for membership in the Tribal Business
Committee unless he shall be a member of the Ute Indian Tribe of the
Uintah and Ouray Reservation and shall have resided in the territory
thereof for a period of one year next preceding the election and be
at least twenty-one (21) years of age.
Article III - Certification of Election
It shall be the duty of the members or the Tribal Business Committee
to certify to the election of duly elected committee members. This shall
be done within five days after the election and a certificate filed
with the Secretary of the Business Committee.
Article IV - Installation of Committeemen
Newly elected members who have been duly certified, shall be installed
at the first regular meeting of the Tribal Business Committee following
the election, upon subscribing to the following oath:
''I__________________________ do solemnly swear(or affirm) that I shall support and uphold the Constitution of the United States, the Constitution and laws of the State of Utah, and the Constitution and By-laws and Ordinances of the Ute Indian Tribe of the Uintah and Ouray Reservation in the State or Utah; that I shall in all respects faithfully and fully perform the duties of my office as a member of the Tribal Business Committee for the Ute Indian Tribe of the Uintah and Ouray Reservation, so help me God.''
The oath may be taken and subscribed to before the Superintendent or any other person authorized to administer oath in the State of Utah.
The Tribal Business Committee may prescribe such salaries of officials
or Tribal Business Committee members as it deems advisable from such
funds as may be available.
Article VI - Time, Place, and Procedure
of Regular Meetings
Sec. l. Meetings. - Regular meetings of the Tribal Business
Committee shall be held on the second Monday of each month at Fort Duchesne,
Utah, at a designated building or hall where official records will be
kept. Special meetings may be called by written notice duly served on
each committee member a reasonable time before said meeting, signed
by the Chairman or by a majority of the Tribal Business Committee members,
and when so called, the Tribal Business Committee shall have the power
to transact business as in regular meetings
Sec. 2. General tribal meetings. - There shall,
on the last Monday in May, be an annual meeting open to all members
of the Ute Indian Tribe of the Uintah and Ouray Reservation held at
a designated place which shall be approved by the Tribal Business Committee.
It shall be the duty of the Chairman at this meeting to make a report of all activities of the Tribal Business Committee throughout the year, and to outline the proposed plans for economic and social betterment of the Tribe.
Special tribal meetings may he called by the Chairman of the Tribal Business Committee provided that due notice is posted throughout the Reservation at least thirty (30) days prior to such meeting.
Fifty (50) legal voters of the Tribe, may, at any time, by written petition, call a general meeting provided that at least fifteen (15) days notice is posted throughout the Reservation.
Sec. 3. Quorum. - No tribal business shall be transacted
unless a quorum is present.
A quorum of the Tribal Business Committee shall consist of four (4) members of the Tribal Business Committee.
A quorum of the general tribal meeting shall consist of not less than seventy-five (75) voters at the annual meeting, and seventy (70) voters at a special meeting.
Sec. 4. Order of business. - The following order
of business is established for all meetings:
2. Roll call.
3. Ascertainment of a quorum
4. Adoption of minutes by vote or common consent.
[Digitizer's Note: No #5.]
6. Unfinished business
7. New business.
8. Adjournment.
Sec. 5. Ordinances and resolutions. - All final decisions
of the Tribal Business Committee on matters of general and permanent
interest to the members of the Ute Indian Tribe of the Ute Indian Tribe
of the Uintah and Ouray Reservation shall be embodied in ordinances.
Such ordinances shall be collected and published from time to time for
the information and education of the members of the Tribe.
All final decisions of the Tribal Business Committee on matters of temporary interest (such as acting on reservation budget for a single year, or petitions to Congress or to the Secretary of the Interior) or relating especially to particular individuals of officers (such as adoption of members, instructions for tribal employees, or rules of order for the Tribal Business Committee) shall be embodied in resolutions. Such resolutions shall be recorded in a special book and shall be open to public inspection.
All questions of procedure (such as acceptance of committee reports, invitations to outsiders to speak) shall be decided by motion duly passed, or by ruling of the Chairman if no opposition is heard. In all ordinances, resolutions or motions, the Tribal Business Committee may act by a majority vote, but all matters of importance shall be fully discussed and a reasonable attempt made to secure unanimous agreement, and parliamentary procedure shall otherwise be governed by Robert's Rules of Order.
Sec. 6. Legislative forms. - Every ordinance shall
begin with the words "Be it enacted by the Uintah and Ouray
Tribal Business committee***"
Every resolution shall begin with the words, "Be it resolved by the Uintah arid Ouray Tribal Business Committee,.***"
Article VII - Ratification of
Constitution and By-Laws
This Constitution and By-laws attached hereto shall be in full force
and effect whenever a majority of theadult voters of the Uintah,
Uncompahgre and Whiteriver Bands of the UintahReservation, voting
at an election called by the Secretary of the Interior in which at least
thirty (30) percent of the eligible voters shall vote shall have ratified
such Constitution and By-laws and the Secretary of the Interior shall
have approved same, as provided in the Act of June 18,1934, as amended
by the Act of June 15, 1935.
Pursuant to an order, approved November 20.1936, by the Secretary of the Interior, the attached Constitution and By-laws was submitted for ratification to the Ute Indians of the Uintah, Uncompahgre and Whiteriver Bands of the Uintah and Ouray Reservation and was on December 19, 1936, duly adopted by a vote of 347 for, and l2 against, in an election which over 30 percent of those entitled to vote case their ballots, in accordance with section 16 of the Indian Reorganization Act of June 18, 1934, (48 Stat. 984), as amended by the Act of June 15,1935. (49 Stat. 378).
|
Roy
Smith,
Chairman of Election Board. Oran Curry, Chairman of Tribal Business Committee. Robert L. Bennett, Secretary. |
C. C. Wright.
Superintendent in charge of the Reservation.
I,Harold L. Ickes, the Secretary of the Interior of the United States of America, by virtue of the authority granted me by the Act of June 18, 1934 (48 Stat. 984), as amended, do hereby approve the attached Constitution and By-laws of the Ute Indian Tribe, of the Uintah and Ouray Reservation.
All rules and regulations heretofore promulgated by the Interior Department or by the office of Indian Affairs, so far as they may he incompatible with any of the provisions of the said Constitution and By-laws are hereby declared inapplicable to these Indians.
All officers and employees of the Interior Department are ordered to abide by the provisions of the said Constitution and By-laws.
Approval recommended: January 12, 1937.
WILLIAM ZIMMERMAN, JR.,
Acting Commissioner of Indian Affairs.
|
HAROLD
L. ICKES,
|
WASHINGTON.
D.C., January 19, 1937