CONSTITUTION OF THE DUCKWATER SHOSHONE TRIBE

OF THE

DUCKWATER RESERVATION, NEVADA    


PREAMBLE

We, the members of the Duckwater Shoshone Tribe of the Duckwater Reservation, Nevada, have organized for the common good, to govern ourselves and achieve self-government under our laws and customs, to maintain and foster our tribal culture, to protect our tribal property and conserve and develop its natural resources, to administer justice and to promote the welfare of ourselves and our descendants.  We do hereby ordain and establish this Constitution for the government, protection and common welfare of the Duckwater Shoshone Tribe and its members pursuant to the Indian Reorganization Act of June 18, 1934, 48 Stat. 984, as amended.  The Constitution and By‑laws of the Duckwater Shoshone Tribe, approved by the Secretary of the Interior on November 28, 1940 and subsequently amended, is hereby superseded by this revised Constitution, which shall govern the Duckwater Shoshone Tribe of Nevada from its effective date.

 

ARTICLE I - NAME

The name of our tribe is the Duckwater Shoshone Tribe.

 

ARTICLE II - AUTHORITY OF GOVERNMENT

The authority and jurisdiction of the government established by this Constitution shall extend within the exterior boundaries of the Duckwater Indian Reservation of Nevada, including any land which may hereafter be added to the Duckwater Reservation under any law of the United States of America.  To the extent not prohibited by Federal law, the tribal authority and jurisdiction shall extend over all persons, subjects, lands, including interests in lands and water and other property including natural resources, waters, and air space.  The authority and jurisdiction of the government shall also extend to any other lands or interests in lands or waters heretofore or hereafter acquired by the Duckwater Shoshone Tribe or by the United States of America and held in trust by the United States of America for the Duckwater Shoshone Tribe or its members, or otherwise lawfully held, owned, or acquired by the Tribe within the Duckwater Shoshone "Indian Country".  The authority and jurisdiction of the tribal government may only be limited by the Constitution and laws of the Tribe or the Constitution and laws of the United States of America.

ARTICLE III - MEMBERSHIP

Section 1.  Requirements.   The membership of the Duckwater Shoshone Tribe shall consist of all persons who meet the following criteria.

(a) All persons of Shoshone Indian blood whose names appear on the Carson Agency census roll of the Duckwater Shoshone Indians dated January 1, 1941, or on the Commissioner's memorandums of registration dated November 28, 1940, or February 20, 1950, or April 26, 1966.

(b) All persons who are descendants of a person or persons who meet the requirements for membership described in paragraph (a) of this section and who make application for enrollment in accordance with the enrollment ordinance adopted under Article III, Section 2 of this Constitution.

Section 2.  Ordinances.  The Tribal Council shall have the power to enact enrollment ordinances governing future membership, procedures for processing enrollment applications, expulsion from the Reservation, adoption, appeals and loss of membership. 

Section 3.  Loss of Membership.  The Tribal Council shall prescribe by ordinance, the rules and regulations governing loss of membership which shall be limited exclusively to voluntary relinquishment.

Section 4. Dual Enrollment. The Tribal Council shall by ordinance prohibit dual enrollment of tribal members with another Tribal affiliation.

 

ARTICLE IV - RIGHTS OF MEMBERS

Section 1.  Individual Rights.  Each duly enrolled member of the Duckwater Shoshone Tribe shall have the following rights. The right to equal opportunity to participate in the activities of the Duckwater Shoshone Tribe in accordance with applicable eligibility requirements and the right to exercise traditional rights and privileges of members of the Duckwater Shoshone Tribe where not in conflict with other provisions of this Constitution or tribal laws or ordinances.

Section 2.  Bill of Rights.  The Tribe, in exercising powers of self‑government, shall not:

(a) make or enforce any law prohibiting the free exercise of religion, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition for a redress of grievances;

(b) violate the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures, nor issue warrants, but upon probable cause, supported by oath or affirmation and particularly describing the place to be searched and the person or thing to be seized;

(c) subject any person for the same offense to be twice put in jeopardy;

(d) compel any person in any criminal case to be a witness against himself or herself;

(e) take any private property for public use without just compensation;

(f) deny to any person in a criminal proceeding the right to a speedy and public trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him or her, to have compulsory process for obtaining witnesses in his or her favor, and at his or her own expense to have the assistance of counsel for his or her defense.

(g)  require excessive bail, impose excessive fines, inflict cruel and unusual punishments, and in no event impose for conviction of any one offense any fine or punishment greater than that was imprisonment as required by Federal law;

(h) deny to any person within its jurisdiction the equal protection of its laws or deprive any person of liberty or property without due process of law;

(h) pass any bill of attainder or ex post facto; or,

(i) deny to any person accused of an offense punishable by imprisonment of six months or more and the right, upon request, to a trial by jury of not less than six (6) persons.

ARTICLE V - BRANCHES OF GOVERNMENT

Section 1.  Governing Body.

(a) The governing body of the Duckwater Shoshone Tribe of the Duckwater Reservation of Nevada shall be known as the Duckwater Tribal Council. 

(b) The Tribal Council shall consist of five (5) members duly elected to serve three years , two members being elected each year except that every third year, one member shall be elected.

(c) Each member of the Tribal Council is entitled to vote on all issues properly before the Tribal Council except that no Tribal Council member shall vote on any matter wherein the member or a member of his or her immediate family has a direct personal interest including, but not limited to employment contracts or appointments, projects, funding, and appointments to Tribal committees and subordinate organizations. Immediate family is defined as mother, father, sister, brother, grandfather, grandmother, grandchildren, husband, wife, niece, nephew, aunt and uncle.

(d) In all elections after the first election, no person shall be a candidate for membership in the Tribal Council unless he or she is a member of the Duckwater Shoshone Tribe, has resided on the Reservation for a period of one (1) year immediately proceeding the election, and is at least twenty five (25) years of age.  

(e) The Tribal Council:  shall elect from within its own membership a Chairman and Vice Chairman; may elect from within or without its membership a Secretary; and, may appoint such other officers, committees and boards as the Tribal Council deems necessary. The Tribal Council shall by resolution set forth the duties and responsibilities of all officers, employees, committees and boards the Tribal Council selects, elects, or appoints and how to change officers, employees or to change or dissolve such committees and boards.

(f) By an affirmative vote of four (4) members, the Tribal Council may, after due notice and opportunity to be heard, expel any Tribal Council member for neglect of duty or gross misconduct.  The Tribal Council member charged shall not vote.  Before any such vote is taken on the matter, the member shall be given a written statement of the charges against him at least five days before the Tribal Council meeting before which he is to appear.  He shall be given an opportunity to answer any and all charges at such designated Council meeting.  The decision of the Tribal Council shall be final.

(g) In situations when then are vacancies in Council membership, Tribal Council vacancies shall be filled in accordance with Article VI of this Constitution.  

Section 2.  Powers of the Tribal Council.  The Tribal Council shall be vested with all legislative and other sovereign powers of the Duckwater Shoshone Tribe. This power shall be exercised in accordance with this Constitution and the laws of the United States to the extent applicable to Indian tribes. The Tribal Council shall be vested with the right to delegate authority, as it deems appropriate to the administration and staff. In addition to exercising any other lawful legislative power of the Duckwater Shoshone Tribe, the Tribal Council is empowered to do the following.  

(a) To negotiate with and to approve or disapprove contracts or agreements with Federal, State, or local governments, with private persons, or with corporate bodies.

(b) To approve or disapprove any sale, disposition, lease or encumbrance of tribal lands, interests in land, tribal funds, or other tribal assets, in accordance with Federal law.

(c) To establish procedures for the conduct of all tribal government and business   operations, including the regulation of conflict of interest and nepotism.

(d) To advise the Federal government with regard to all appropriation estimates of Federal projects for the benefit of the Duckwater Shoshone Tribe prior to the submission of such estimates to the Office of Management and Budget and to the Congress.

(e) To employ and pay legal counsel, subject to the approval of the Secretary of the Interior to the extent that such approval is required by Federal law.

(f) To appropriate available tribal funds for the benefit of the Tribe and /or its members.

(g) To approve or disapprove operating budgets upon submission by the tribal administration.

(h) To approve or disapprove all allocations or disbursement of tribal funds (or funds under the control of the Tribe) not specifically appropriated or authorized in a budget approved by the Tribal Council.

(i) To establish and enforce rules, consistent with this Constitution and applicable Federal statutes for the management of tribal lands, including but not limited to, the making and revocation of assignments and the disposition of timber, oil, and other resources.

(j) To create, or to provide by ordinance for the creation of organizations, including public and private corporations, for any lawful purpose, which may be non-profit or profit-making, and to regulate the activities of such organizations by ordinance.

(k) To promote and protect the health, peace, morals, education, political economic integrity, security and general welfare of the Tribe and its members.

(l) To borrow money from any source whatsoever without limit as to amount, and on such terms and conditions and for such consideration and periods of time as the Tribal Council shall determine; to use all funds thus obtained to promote the welfare and betterment of the Tribe and its members; to finance tribal enterprises; or to lend money thus borrowed.

(m) To establish and enforce ordinances respecting all transactions and all persons on or within the Indian Country of the Duckwater Shoshone Tribe, except as prohibited by Federal law, including but not limited to, ordinances: regulating the conduct of tribal members or non‑members, except as prohibited by federal law; providing for all removal or exclusion of any person from tribal lands; providing for the maintenance of law, order, and the administration of justice; regulating wholesale, retail, commercial, or industrial activities on tribal lands; establishing a tribal court and defining powers and duties of that court.

(n) To establish a basic departmental structure for the tribal government and revise that structure as necessary with input from administration and the community.

(o) To establish policies relating to tribal economic affairs and enterprises in accordance with this Constitution.

(p) To pass any ordinances and resolutions necessary or incidental to the exercise of any of the foregoing powers and duties.

(q) To levy and collect taxes and raise revenue to meet the needs of the Tribe or to support tribal government operations.

(r) To have and to exercise such additional sovereign powers of the Duckwater Shoshone Tribe as are necessary or incidental to the performance of the powers and duties enumerated above, and which are not specifically denied to the Tribal Council in this Constitution.  

Section 3.  Tribal Council Procedures.  The Tribal Council shall hold meetings and take action in accordance with the following procedures, which it may augment by its own rules and procedures so long as they do not conflict with any provisions of this Constitution.

(a) Regular meetings of the Tribal Council shall be held each month at a time and place to be set by the Tribal Council.  Attendance by any Council member at any duly called meeting shall serve as that member's waiver of written notice for that meeting.

(b) Special meetings of the Tribal Council for a specific purpose may be called by the Chairman at his or her discretion or by a majority of the Council, but the Chairman must call a special meeting upon the written request of two (2) or more members of the Tribal Council are empowered to hold special meetings when the Tribal Chairman fails to honor the written request of two (2) or more members of the Tribal Council.  No special meeting will be called without twenty four (24) hours written notice to each member of the Tribal Council, unless three (3) members shall waive the notice requirement in writing.  However, no meeting will take place without written notice to all members of the Tribal Council.  Attendance by any Council member at any duly called meeting shall serve as that member's waiver of written notice for that meeting.

(c) The Council meeting agenda shall be set by the Chairman with tribal staff advice. The agenda shall be provided to Tribal Council members not less than twenty four (24) hours prior to any regularly scheduled meeting and at the time notice is given of any special meeting.  Items may be added to the agenda at a regular Tribal Council meeting upon the concurrence of a majority of the Tribal Council members present at a meeting.

(d) A majority of the members of the Tribal Council then in office shall constitute a quorum.  A quorum must be present for the Council to do business.  Matters properly before the Council shall be decided by majority vote except where otherwise required by this Constitution or the Tribal Council�s own rules as set forth by ordinance. When there are Tribal Council vacancies, the Council agenda and meeting minutes shall be posted in three public areas as well made available for review by members.

(e) All meetings of the Tribal Council shall be open to the membership of the Duckwater Shoshone Tribe.  However, the Tribal Council, at its discretion, may recess to discuss any matter involving a personnel action or legal matter in closed or executive session, provided that the general subject matter discussed is expressed in the motion calling for closed or executive session.  No decisions shall be made in closed or executive session.  Voting decisions on the matter discussed shall be made when the Council meeting reconvenes in open session.

(f) All final decisions of the Tribal Council shall be embodied in ordinances or resolutions.  The ordinances or resolutions shall be collected and made available to tribal members and others affected during regular business hours upon reasonable request.

(g) All questions of procedures shall be decided by motion duly passed or by ruling of the Chairman if no objection is heard.

(h) A written record of the Tribal Council proceedings shall be kept.  The record shall be open for inspection by all members of the Duckwater Shoshone Tribe during regular business hours.  Exception any record of closed Council proceedings on legal or personnel matters shall not be open for inspection. 

Section 4. Courts Tribal Court.  The Tribal Council shall establish a Tribal Court by Ordinance, in accordance with tribal ordinances or codes which may from time to time be enacted by the Tribal Council.  The Tribal Court when established, shall be empowered to exercise all judicial authority of the tribal government.  The judicial authority shall include, but not be limited to, the power to review and overturn tribal legislative and executive actions found to be in violation of the Tribal Constitution or the Indian Civil Rights Act of 1968 as well as to perform all other judicial and court functions, but shall not be empowered to abrogate the Tribe�s sovereign immunity from civil lawsuits for money damages.  Only the Tribal Council shall have the authority to waive the Tribe�s sovereign immunity.

(a) The Tribal Council shall by ordinance authorize the Tribal Court to make rules of pleading, practice and procedure applicable to any and all proceedings to the Tribal Court consistent with the provisions of this Constitution.  The Tribal Council shall by ordinance set forth the qualifications for Tribal Court Judge(s) and shall appoint persons to fill said positions for a term of three (3) years.

(b) During the tenure of his or her appointment, a judge may be suspended or dismissed if he or she is not available to carry out his or her duties and responsibilities, is found guilty of a felony or misdemeanor excluding moving violations in any legally-recognized court or for other just cause upon affirmative vote of four members of the Tribal Council.  Suspension or dismissal under this section is effective only after written notice has been given to the individual judge and an opportunity for a hearing.

(c) Existing Tribal Court.  Until such time as the Tribal Council shall establish a Tribal Court in accordance with Article V, Section 2 (a) of this Constitution, the existing Tribal Court shall have the power to interpret this Constitution and all ordinances adopted by the Tribal Council.  The authority of said court shall include such other judicial powers as have been or may be granted or established by the Tribal Council.

Section 5.  Future Powers.  The Duckwater Shoshone Tribal Council shall have and may exercise such further powers that are granted in its inherent sovereignty and as may in the future be delegated to the Tribe by its members or otherwise.

Section 6.  Reserved Powers.  All inherent tribal powers not delegated to the Tribal Council in this Constitution are reserved to the tribal membership.

 

ARTICLE VI - ELECTIONS

Section 1.  Election Ordinance.  The Tribal Council shall enact an election ordinance consistent with the provisions of this Constitution.  The ordinance shall call for a regular Tribal Council election to be held the third Saturday of December of each year.  That election shall be held to elect a council member or members as needed to fill the expiring term of those council positions whose terms will expire on December 31 of that year pursuant to the staggered term procedure established at Article V, Section 1.  

Section 2.  Manner of voting.  All elections shall be by secret ballot.  

Section 3.  Voters.  All duly enrolled members of the Duckwater Shoshone Tribe who are eighteen (18) years of age or older s hall have the right to vote in all tribal elections subject to such election rules and procedures as the Tribal Council may adopt consistent with this Constitution.  

Section 4.  Tribal Council Election.  Elections for the Tribal Council shall be held on the third (3rd) Saturday of December.  The times and places of voting shall be designated by the Tribal Council.  New members shall take office at the first regular meeting of the Council following the election.  Election results shall be certified within five (5) days of the elections in accordance with procedures contained in the election ordinance.  Each voter shall be allowed to case one (1) vote for each vacancy on the Tribal Council.  No more than one (1) vote per candidate shall be cast.  The winners shall be chosen by plurality according to the number of votes each candidate received.  

Section 5.  Candidates.  Candidates for the Duckwater Tribal Council must be duly enrolled members of the Duckwater Shoshone Tribe, at least twenty five (25) years of age, and live on the Duckwater Reservation.

Section 6.  Posting and Ruling of Candidacy.  Any qualified member of the Duckwater Shoshone Tribe may announce his or her candidacy for the Tribal Council.  Such announcement shall be in writing and presented to the tribal administrative Secretary. The Tribal Council shall be the sole judge of whether any candidate for a position on the Council meets the qualifications for such office as established by this Constitution.

Section 7.  Appeal Rights of Rejected Candidate.  Any person who is refused candidacy by the Tribal Council may, within five (5) days of the Tribal Council�s ruling, petition the Tribal Council for a complete review of the rejection.  The decision of the Tribal Council shall include the constitutional basis for the decision.  The written decision of the Tribal Council shall be final.  

Section 8.  Notice of Candidacy.  It shall be the duty of the Tribal Council to post in two (2) public places at least ten (10) days before the election the names of all certified candidates for the Tribal Council.  The election ordinances shall provide for notice of candidacy for all other elective offices of the Duckwater Shoshone Tribe.  

Section 9.  Oath of Office.  Each member of the Tribal Council and each officer elected or appointed hereunder shall take the oath of office contained in this Constitution prior to assuming the duties of office.  

Section 10.  Compensation of Office.  The Tribal Council may pay such salaries, stipends, and expenses for officers or members of the Tribal Council or its delegate bodies as is deemed advisable from such funds as may be available.  

Section 11.  Vacancies.  If a Councilman or an official shall die, resign, be removed or recalled from office, permanently leave the Reservation, or be found guilty of a felony or a misdemeanor, excluding moving violations in any Indian or Federal Court, the Tribal Council shall declare the position vacant and a special election will be held in accordance with Article VI of this Constitution.  The person so elected shall serve the remainder of the term of the vacated office.

 

ARTICLE VII - DUTIES OF OFFICERS

Section 1.  The Tribal Council may adopt such rules as its sees fit to implement its Constitution.  Such rules may include procedures that elaborate on but do not conflict with its Constitution.  

Section 2.  The Chairman of the Tribal Council shall preside over all meetings of the Council, perform all duties of a chairman as described in the Constitution or Council rules, and exercise any authority delegated to him by the Tribal Council.  

Section 3.  The Vice-Chairman shall assist the Chairman, when and as called upon so to do, and in the absence of the Chairman, shall preside at Tribal Council meetings.  

Section 4.  The tribal administrative Secretary shall insure that a complete and accurate record is kept of all matters transacted at Council meetings and that the tribal government maintains record copies of all minutes of regular or special meetings of the Tribal Council and the Tribe.

Section 5.  The Tribal Council shall make sure that all tribal funds are financially managed and independently audited each year to insure that: all funds for which the Council is acting as trustee or custodian are accepted, received, receipted, preserved and safeguarded; all funds are deposited in such bank or elsewhere as directed by the Council; accurate records are kept and filed in tribal offices; reports are regularly presented to the Council covering all receipts and expenditures and accounts, and the nature of all funds in the Tribe�s possession or custody; special reports are prepared as requested by the Council; and, that satisfactory bonds are obtained for all Council members and tribal staff who are involved with handling the Tribe�s funds and guaranteeing fund safety and proper disbursement and use.  

Section 6.  Newly elected Council members who have been duly certified shall be installed at the first regular meeting of the Council following the election.  

Section 7.  Each member of the Council and each officer or subordinate official elected or appointed hereunder, shall take an oath of office prior to assuming the duties thereof, by which oath he shall pledge himself to support and defend the Constitution of the United States and this Constitution.  

Oath: �I,__________________________, do solemnly swear that I will support and defend the Constitution of the United States against all enemies; will support and defend the Constitution of the Duckwater Shoshone Tribe; that I will carry out faithfully and impartially, the duties of my office to the best of my ability; and, that I will cooperate, promote and protect the best interests of the Duckwater Shoshone Tribe of the Duckwater Reservation in accordance with its Constitution and laws.�  

Section 8.  The Tribal Council shall adopt its own meeting procedures.  All Council discussion and decisions shall be made in open public session and decisions shall be recorded in Council minutes and records except those regarding legal and personnel matters which shall be closed.  The Tribal Council shall structure its agenda as follows.

(a) Call to order by the Chairman

(b) Roll call

(c) Reading of minutes of the last meeting

(d) Financial Reports

(e) Reports

(f) Unfinished business

(g) New business

(h) Adjournment  

Section 9.  The Tribal Council may prescribe such salaries, stipends, and expenses for officers or members of the Council as may be deemed advisable, from such funds as may be available.  All Council discussion and decisions about these matters shall be made in open public session and shall be recorded in the Council minutes and records.

ARTICLE VIII - POPULAR PARTICIPATION IN GOVERNMENT

Section 1.  Initiative.  Upon the Tribal Council�s receipt and verification of a written petition signed by at least fifty percent (50%) of the eligible, registered voters of the Tribe, any enacted or proposed resolution or ordinance shall be submitted by the Tribal Council to an election of eligible, registered voters.  The eligible, registered voters shall, by majority vote, decide whether the ordinance or resolution shall thereafter be in effect; provided that at least sixty percent (60%) of the eligible, registered voters shall vote in such an election, and provided that no such ordinance or resolution shall be effective if it otherwise violates any other provisions of this  Constitution. The election on the initiative shall be held not less than thirty (30) days and not later than sixty (60) days from the date the valid initiative petition is filed with the Tribal Council.  

Section 2.  Referendum.   The Tribal Council shall upon the vote of majority of the Council members, submit any previously enacted or proposed resolution or ordinance to a vote of the eligible, registered voters.  Any resolution or ordinance passed by a majority vote of the voters shall thereafter be in effect as long as at least sixty percent (60%) of the eligible, registered voters voted in a referendum election and provided that no such ordinance or resolution shall be effective if it otherwise violates any other provisions of this Constitution.  The election on the referendum shall be held not less than thirty (30) days and not later than sixty (60) days from the date that the Tribal Council determines to submit the resolution or ordinance to a vote of the eligible, registered voters of the tribe.  

Section 3.  Recall.  Any elected representative of the Tribal Council may be recalled from office for neglect of duty or willful misconduct in office by the eligible, registered voters of the Tribe, consistent with the provisions hereof:

(a) Upon receipt of a recall petition signed by at least sixty percent (60%) of the eligible, registered voters, it shall be the duty of the Tribal Council within five (5) working days to verify the validity of the petition and voter eligibility of persons whose name appear on the petition.  A recall petition must be received by the Secretary of the Duckwater Shoshone Tribe.  

(b) The recall petition for each elective representative shall contain a detailed statement of charges against the representative which the petitioners believe constitutes willful misconduct or neglect of duty.  

(c) If the petition is found to be valid, the Tribal Council shall within ten (10) days from receipt of petition set a date, time, and place for a public hearing on the matter and shall provide a written notice to the accused.  The main purpose of the hearing is to provide an opportunity for the accused to defend against the allegations and charges by the petitioners.  

(d) The Tribal Council shall hold a recall election not less than thirty (30) days and not more than sixty (60) days from the date the recall petition is received by the Secretary of the Duckwater Shoshone Tribe.  

(e) No member may be recalled in any such election unless at least sixty percent (60%) of the eligible, registered voters vote in such recall election and a majority of those voting vote in favor of the recall.  

(f) The Tribal Council shall certify the results within five (5) working days of the election.  If the requisite number of eligible, registered voters voted and if the majority cast ballots in favor of the recall of a Tribal Council member, the Tribal Council shall declare the position vacant and immediately proceed to fill the un-expired term through an election as provided for in Article VI.  

Section 4.  Ordinances.  No initiative, referendum, or recall may be repeated within a one year period on the same matter or person.

 

ARTICLE IX - TRIBAL LANDS

The lands of the Duckwater Shoshone Tribe now held or hereafter acquired by or for the Tribe or the United States in trust for said Tribe shall be held as tribal lands, and no part of such land shall be mortgaged or sold, except, as provided for an permitted by applicable Federal laws and regulations.  

Section 1.  Use of Tribal Lands.  The Tribal Council may authorize the use of Tribal lands by appropriate grant, consent, lease, permit, assignment, or other appropriate contract pursuant to applicable Federal laws and regulations and subject to the following rules.  

(a) Preference for Leases.  First preference for leases and permits shall be given to Duckwater Tribal entities.  Second preference shall be given to tribal members, individually or in groups.  Third preference shall be given to persons or entities with no affiliation or membership with the Tribe.  

(b) Assignments to Tribal Members.  

(1) Purpose.  The head of each family member may apply to Tribal Council for assignment from available tribal lands of sufficient agricultural tribal land for a home and to sustain a reasonable economic livelihood for his or her family.  The amount, type, and availability of tribal land assigned and the rules relating the use of assignments shall be within the sole discretion of the Tribal Council.  

(2) Preference.  First preference shall be given to families who have a home but do not have agricultural resources for subsistence of the family.  No tribal member may receive more than one (1) residential assignment.  

(3) Notice of Availability.  The Tribal Council shall make reasonable effort to notify all tribal members of all lands within the Reservation that are suitable and available for assignments.  

(4) Cancellation of Assignment.  The Tribal Council may cancel any assignment when the person(s) holding the assignment is adjudged guilty of:   violating any significant rule relating to the use of land assignments; or, fails   without good cause to use the land for a period of one (1) year as established by tribal ordinance without approval of the Tribal Council.  Prior to cancellation, the Tribal Council must give reasonable notice of intent of cancel to the member who has the assignment and give the person an opportunity for a hearing and presentation of a defense.   A canceled assignment thereby becomes available for reassignment.  

(5) Death in Member Holding Assignment.  Upon the death of any tribal member holding an assignment, the Tribal Council shall reassign the interests to an heir, at law or by will, or to some other appropriate tribal member designated by the deceased and who is eligible to receive the same, or to some other tribal member unless it would clearly be in the best interest of his or her heirs to do otherwise.  Reassignment to a tribal member or entity shall be done in such a manner, either by use of a trustee, legal guardian, or otherwise as to avoid unnecessary hardship on any tribal member.  

(6) Application for Assignments.  Applications for assignments shall be filed with the Tribal Council and shall be in writing.  The application shall include the name of the person or persons applying for the land and a accurate a description of the land desired as the circumstances will permit.  Notices of all applications received by the Tribal Council shall be posted in the Tribal Office and in at least two (2) conspicuous places on the Reservation for not less than twenty (20) days before action is taken by the Tribal Council.  Any member of the Tribe wishing to oppose the granting of an assignment shall do so through a written objection that is filed with the Tribal Council.  He or she may appear before the Tribal Council and present evidence if he or she so desires.  

(7) Assignments Available for Inspection.  A complete record of assignments shall be kept at the tribal administrative offices and shall be open to all members of the Tribe for inspection during regular working hours.

A. Existing Assignments.  All existing land assignments shall continue that have been approved by the Tribal Council at the time this Constitution is enacted and approved.  

Section 2.  Land Use Ordinances.  The Tribal Council may from time to time enact ordinances governing the use of tribal lands which shall not conflict with the Tribal Constitution and any existing Federal laws.  

Section 3.  Fees.  Fees, if any, for leases, permits, assignments, and other contracts dealing with the use of tribal lands shall be determined by the Tribal Council, by resolution, ordinance, and in accordance with applicable Federal laws.  

Section 4.  Approval of Secretary of the Interior Necessary.  All leases, permits, or contracts pertaining to tribal lands or tribal real property are subject to the approval  of the Interior or his authorized representative when such approval is required by Federal law.  Tribal land assignments shall not be subject to approval by the Secretary of the Interior or his authorized representative but are effective after approval by the Tribal Council.

 

ARTICLE X - AMENDMENTS OR REVOCATION

This Constitution may be amended or revoked by a majority vote of the eligible, registered voters of the Duckwater Shoshone Tribe voting in an election called for that purpose by the Secretary of the Interior provided that at least fifty percent (50%) of those entitled to vote do vote in such election, and the Secretary of the Interior shall have approved the election.  The election shall be conducted in accordance with rules and regulations as set forth by the Secretary of the Interior.  It shall be the duty of the Secretary of the Interior to authorize and conduct an election on any proposed amendment at the request of a majority of the Tribal Council or upon the presentation of a petition signed by at least sixty percent (60%) of the eligible, registered voters of the Duckwater Shoshone Tribe.

 

ARTICLE XI - ADOPTION OF CONSTITUTION

Section 1.  Approval by Majority Vote of Registered voters and Secretary of the Interior.  This Constitution shall become effective when approved by a majority vote of those members of the Tribe who actually vote under the regulations of the Secretary of the Interior voting at an election called for the purpose of adopting this revised Constitution.  Provided, that at least fifty percent (50%) of those registered to vote do so and the Secretary of the Interior shall have approved the election.  

Section 2.  Former Constitution and By-Laws.  The Constitution and By-Laws of the Duckwater Shoshone Tribe, Nevada, approved November 28, 1940 and subsequently amended, shall be superseded upon enactment of this Constitution.  

Section 3.  Savings Clause.  All ordinances and resolutions heretofore enacted by the Duckwater Tribal Council pursuant to the previous Constitution which was approved on November 28, 1940 and subsequently amended, shall remain in effect except to the extent that they are inconsistent with this Constitution.  

In the event any sentence, paragraph, or section of this revised Constitution shall be held unconstitutional or invalid by Federal court of competent jurisdiction, the remaining sentences, paragraphs, or sections shall remain valid.

Section 4.  Certificate of Results of Election.  Pursuant to an order issued on ______________________, 20____, by ____________________________, Deputy Assistant Secretary - Indian Affairs (Operations), this revised Constitution of the Duckwater Shoshone Tribe of Nevada was submitted for adoption to the qualified voters of the Tribe and was on _________________, 2001, duly rejected/adopted by a vote of __________for, and _______against, in an election in which at least fifty percent (50%) of the entitled to vote cast their ballots in accordance with Section 16 of the Indian Reorganization Act of June 18, 2934 (48 Stat. 984) as amended by the Act of June 15, 1935 (49 Stat. 378).

                                                                   _________________________

                                                                   Chairman, Election Board

                                                                   _________________________

                                                                   Election Board Member

                                                                   _________________________

                                                                   Election Board Member

                                                                   _________________________

                                                                   Notary                                                    

 

Article XII - Approval  

I, ________________________, Assistant Secretary - Indian Affairs, by virtue of the authority granted to the Secretary of the Interior by the Act of June 18, 2934 (48 Stat. 984), as amended, and delegated to my by 230 DM 1.1, do hereby approve the Revised Constitution of the Duckwater Shoshone Tribe, duly adopted by the qualified voters on ___________________, 2001.

 

 _______________________________

Assistant Secretary - Indian Affairs

Washington, D.C.

 

DATE:_______________________

 

Notary:_______________________