Welcome to the National Tribal Justice Resource Center's Tribal Codes and Constitutions
Return to the Main Tribal Codes and Constitutions Page

We, the duly enrolled members of the Fort Belknap Reservation in the State of Montana, in order to secure to ourselves and our descendants the management of our own affairs, and to perpetuate this reservation as an abiding place for the members of this community, do establish this constitution of the Fort Belknap Indian Community.

It shall be the object of the Fort Belknap Indian Community:

1. To establish and maintain, with the aid of the Federal Government, a form of home rule that shall promote the advancement and welfare of the Indians of the Fort Belknap Reservation.
2. To establish and enforce such rules as may be necessary to safeguard Indian property for the use of present and future generations.
3. To obtain for all Indians of this community, of the present and future generations, lands needed for home and livelihood.

The jurisdiction of the Fort Belknap Indian Community shall extend to all lands now contained within the Fort Belknap Reservation, and to any lands that may in the future be added thereto.

Section 1. Membership of allottees-Every living person whose name appears on the allotment roll of the Fort Belknap Reservation shall be entitled to membership in the Fort Belknap Community, and shall not be deprived of such membership without his consent.

Sec. 2. Membership of descendants-

1. Every child of one-fourth or more Indian blood born heretofore or hereafter to any member of the community who maintains a residence upon the Fort Belknap Reservation at the time of such birth shall automatically be entitled to membership.
2. Children born heretofore or hereafter to any member of the Fort Belknap Community, regardless of residence, shall be subject to adoption in accordance with section 3 of this article, upon application by self, parent or guardian. Provided, that such person has not received membership in any other tribe of Indians.

Sec. 3. Adoption-The community may, by a majority of the votes cast by the members of the community, adopt as a member of the community any person of one-eighth or more Indian blood who is a descendant of a member of the Fort Belknap Tribes or community, provided that any person adopted into membership must have resided at least three years upon the Fort Belknap Reservation.

Sec. 4. Loss of membership-In no case shall a member lose his membership other than by personal request in writing to the community council, or by reason of his having established residence in a foreign country.

Section 1. Composition-The community council shall be composed of members chosen every second year by popular vote.

Sec. 2. Apportionment-Representation on the community council shall consist of six Gros Ventre and six Assiniboine members, who shall be apportioned among the districts according to the population of the members of the two tribes in the respective districts. The actual enumeration shall be made prior to July first of each election year.

Sec. 3. Officers-The officers of the community council shall consist of: President, vice president, secretary-treasurer, and these officers shall be chosen by the council when properly convened. Officers shall be elected from the council membership.

Sec. 4. First election-The first election of the community council shall be called by the present tribal council as soon as possible after the adoption and approval of this constitution, and the members so elected shall serve until January 1, 1938.

Section 1. Enumerated powers.-The council of the Fort Belknap Community shall have the following powers, the exercise of which shall be subject to popular referendum as provided hereafter:

1. To negotiate with the Federal, State, and local governments on behalf of the community and to advise and consult with the representatives of the Interior Department on all activities of the Department that may affect the Fort Belknap Community.
2. To employ legal counsel for the protection and advancement of the rights of the community and its members, the choice of counsel and fixing of fees to be subject to the approval of the Secretary of the Interior.
3. To approve or veto any sale, disposition, lease, or encumbrance of tribal lands, interests in lands or other tribal assets which may be authorized or executed by the Secretary of the Interior, the Commissioner of Indian Affairs or any other duly qualified official or agency of Government, provided that no community lands shall ever be sold, encumbered or leased for a period exceeding ten years, except for governmental purposes.
4. To submit through proper Government channels recommendations for the expenditure of Federal funds for tribal support, reimbursable assistance, reservational improvements, health, education, and other necessary activities looking toward the advancement of the members of this community.
5. To borrow money from the Federal Government in accordance with the terms of a corporate charter to be issued to the Fort Belknap Indian Community.
6. To manage the economic affairs of the community and to appropriate available funds for public purposes.
7. To assess fees against members of the community or their property to obtain funds for payment of expenses of the community council or for carrying on any project that in the council's opinion may be beneficial to the community as a whole. Provided, however, that any district, not directly benefited by any project under contemplation, may by a majority vote of the people of the district, exempt itself from such assessment. In case of dispute as to whether a certain district is benefited by a given project, any party may appeal to the Commissioner of Indian Affairs for a final determination.
8. To exclude from the territory of the community persons not legally entitled to reside therein under ordinances which shall be subject to review by the Secretary of the Interior.
9. to establish ordinances, subject to review by the Secretary of the Interior, governing law enforcement on the reservation, and to set up courts for the trial and punishment of offenders against such ordinances, in cases that do not fall within the jurisdiction of the Federal court.
10. To purchase land of members of the community for public purposes, under condemnation proceedings in courts of competent jurisdiction.
11. To prohibit the overgrazing of lands or other depletion of the capital or natural resources of the community by ordinances which shall be subject to approval by the Secretary of the Interior.
12. To establish ordinances relating to the assignment, use, or transfer of tribal lands within the jurisdiction.
13. To regulate the inheritance of real and personal property, other than allotted lands, withing the territory of the community.
14. To charter subordinate organizations for economic purposes and to regulate the activities of all cooperative associations of members of the community.
15. To regulate the domestic relations of the members of the community.
16. To provide for the apportionment of guardians for minors and mental incompetents by ordinance or resolution subject to review by the Secretary of the Interior.
17. To make recommendations to the superintendent or the Commissioner of Indian Affairs or the Secretary of the Interior concerning the appointment and removal of employees assigned to duties on the Fort Belknap Reservation.
18. To appoint subordinate boards and tribal officials, and to provide for the popular election of subordinate district councils, and to delegate to such boards, councils, or officials or to cooperative associations which are open to all members of the community 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 days thereafter, approve or disapprove the same.

If the superintendent shall approve any ordinance or resolution, 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 90 days from the date of enactment, rescind the said ordinance or resolution for any cause, by notifying the community council of such recision.

If the superintendent shall refuse to approve any resolution or ordinance submitted to him, within ten days after its enactment, he shall advise the community council of his reasons therefor. If these reasons appear to the council insufficient, it may, by a majority vote, refer the ordinance or resolution to the Secretary of the Interior, who may, within 90 days from the date of is enactment, approve the same in writing, whereupon the said ordinance or resolution shall become effective.

Sec. 3. Future powers-The council of the Fort Belknap Community may exercise, subject to popular referendum, such further powers as may in the future be delegated to the community by the Secretary of the Interior, or by any other duly authorized official or agency of government.

Sec. 4. Reserved powers-Any rights and powers heretofore vested in the tribes of the Fort Belknap Indian Community but not expressly referred to in this constitution, shall not be abridged by this article, but may be exercised by the people of the Fort Belknap Community through the adoption of appropriate bylaws and constitutional amendments.

Whenever a matter of great importance comes before the council the councilmen shall, by resolution duly passed, submit the matter to the vote of the people. If they do not so agree to submit the question, any two members of the council, or one hundred members of the community, may within thirty days after the vote of the council, call such a popular referendum, but no councilman shall call more than two referendum elections during any calendar year. When a referendum election has been called, the question to be voted on shall be posted at the voting places for at least ten days prior to the election. The notice shall contain the ordinance or resolution to be voted on with the accompanying words: "Shall the ordinance (or resolution) be approved. Yes ( ). No ( )." The will of the majority of those voting shall be the law, provided at least one-third of the eligible voters actually vote.

Section 1. Right to vote-All members of the community of either sex, over the age of 21 years, are entitled to vote in the district in which they reside.

Sec. 2. Time of elections-Election of membership on the community council shall b held the first Tuesday in November of every second year. Duly elected councilmen will take office on the first Monday of January of the succeeding year.

Sec. 3. Manner and place of elections.-Elections shall be taken by ballot, and polling places in each district shall be established by the council. The council shall appoint three election judges to serve at each polling place for each election, and the judges shall certify the results of the election.

Sec. 4. Nominations-Candidates for election to membership on the community council shall give public notice of such intention at least 30 days prior to the election date and at the same time file with the secretary of the council a certificate of such intention endorsed by five duly qualified electors other than immediate relatives

Section 1. Forfeiture of office-Any member of the community who shall be absent from three consecutive regular meetings of the council, unless such absence shall be excused for cause, or who shall be convicted of any offense involving dishonesty, shall automatically forfeit his office.

Sec. 2. Impeachment.-The council may expel a member for cause by a two-thirds vote, after due notice of charges and allowing an opportunity to be heard.

Sec. 3. Vacancies-When vacancies happen in the representation from any district, the president of the council shall issue a writ of election to fill such vacancies. At least thirty days' notice of such election shall be given.

This constitution and bylaws may be amended by a majority vote of the qualified voters of the community voting at an election called for that purpose by the Secretary of the Interior, provided that at least 30 percent of those entitled to vote shall vote in such election; but no amendment shall become effective until it shall have been approved by the Secretary of the Interior. It shall be the duty of the Secretary of the Interior to call an election on any proposed amendment, at the request of the council, or upon presentation of a petition signed by one-third (1/3) of the qualified voters, members of the community.