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Apache
Where would anyone get the notion that Geronimo was a Plains Apache,
much less a Plains Indian? His original band was the Bedonkohe, who
were located north of the Gila River, west from the Mogollon Mountains in
southwestern New Mexico to apparently the Blue River in eastern Arizona.
This band dissolved after the death of Geronimo's paternal grandfather,
Makho, sometimes prior to 1850. He then joined the Southern Chiricahua band
in the northern Sierra Madre Occidental of Mexico. I got this information
from Chiricahua and Fort Sill Apache informants, some of whom are related to
Geronimo.
I know of no evidence that any Apache were deported as prisoners to
the Dry Tortugas, and suspect that any Native Americans who were, were
actually Caribs from Central America. However, Apache captives were
transported to Vera Cruz for shipment to Cuba, and slave labor on Spanish
fortifications in the port of Havana, by a royal decree of
April 11, 1799. A second decree of 1803 made this disposition mandatory.
Apache prisoners had been sent to the viceroy in Mexico City for final
disposition since the Reglamento of 1729, but too many managed to escape to
renew hostilities against the Spaniards. See Max L. Moorhead, "Spanish
Deportation of Hostile Apaches: The Policy and the Practice,"
Arizona and the West, vol. 17, 1975, pp. 205-220.
Grosvenor Pollard
via Elizabeth B. Pollard
CONSTITUTION OF THE WHITE MOUNTAIN APACHE TRIBE OF THE FORT APACHE INDIAN RESERVATION ARIZONA
PREAMBLE
We, the people of the White Mountain Apache Tribe of the Fort Apache Indian
Reservation, Arizona, in order to form a more representative organization, to exercise the duties and responsibilities of a representative tribal government, to conserve and develop our tribal lands and resources for ourselves and our children, to provide a higher standard of living, better home life and better homes within the reservation, to extend to our people the right to form business and other organizations, do adopt this
constitution as a guide to our self-government.
ARTICLE I - TERRITORY & JURISDICTION
Section 1.Territory. The authority of the white Mountain Apache Tribe, of
Arizona, shall extend to all of the territory within the exterior boundaries
of the Fort Apache Indian Reservation as established by the Act of Congress,
June 7, 1897, and to such other lands as the United States may acquire for
the benefit of the Tribe, or which the Tribe may acquire for itself. The
territory of the White Mountain Apache Tribe shall include, to the fullest
extent possible under Federal law, all lands, property, airspace, surface
rights, subsurface rights, other natural resources and any interest therein,
tenements hereditaments, all water rights and all accretions, which are
either now or in the future owned by the Tribe or owned by the United States
for the benefit of the Tribe or for individual tribal members,
notwithstanding the issuance of any right-of-way.
Section 2.Jurisdiction. The White Mountain Apache Tribe shall have
jurisdiction over all persons, subjects, property and all activities
occurring within the boundaries of the reservation or on other lands within
its territory as defined by this Article. Nothing in this Article shall be
construed to limit the ability of the Tribe to exercise its jurisdiction
within or without its territory based upon Federal law or upon its inherent
sovereignty as an Indian Tribe.
ARTICLE II - MEMBERSHIP
Section 1.Requirements. The membership of the White Mountain Apache Tribe
shall consist of:
(a) All persons who were qualified for and were accepted into membership in
the White Mountain Apache Tribe under the membership requirements as of the
date of enactment of this constitution.
(b) All persons of one-half (1/2) degree or more Indian blood, of a
federally recognized Indian tribe or tribes, Provided, That the person is at
least onefourth (1/4) degree White Mountain Apache blood.
Section 2.Enrollment Ordinance. The Council shall have the power to pass
ordinances which are consistent with and pursuant to this constitution
governing future membership, loss of membership, and all other necessary
procedures of enrollment.
Section 3.Membership Roll. The membership roll of the White Mountain Apache
Tribe shall be kept current by adding thereto the names of persons who
qualify for membership and by deleting therefrom the names of persons who
have relinquished in writing their membership in the Tribe. Upon receipt of
death certificates of deceased members or other evidence of death
satisfactory to the Tribal Council, the names of these deceased members
shall be removed from the roll.
ARTICLE III - GOVERNING BODY
Section 1.Governing Body. The governing body of the White Mountain Apache
Tribe shall be known as the White Mountain Apache Tribal Council and shall
consist of a Chairman, Vice Chairman and nine members to be chosen as
follows:
Chairman, by popular vote of the Tribe.
1
Vice-chairman, by popular vote of the Tribe.
1
Two members, by popular vote of the Cibecue, Oak Creek and Grasshopper
District. 2
Two members, by popular vote of the Carrizo, Forestdale and Cedar Creek
District. 2
Two members, by popular vote of the Eastfork, Turkey Creek, and Seven Mile
District. 2
Three members, by popular vote of the Canyon Day,
3
Hondah-McNary and Whiteriver-Northfork District.
Section 2.Districts Defined. For purposes of voting and representation on
the Council, the districts shall be defined as follows:
DISTRICT I
CIBECUE, OAK CREEK, AND GRASSHOPPER
Starting at the N.W. corner of the Fort Apache Indian Reservation follow the
north boundary of said reservation along a meandering course for 25 miles in
a generally easterly direction to Phoenix Park, thence approximately midway
between Phoenix Park Canyon and Foot Canyon along the boundary fence between
District I and District II six miles in a south south easterly direction to
the thread of Carrizo Creek, thence across Carrizo Creek and along Cibecue
Ridge approximately 23 miles in a south south easterly direction to the U.S.
Highway 60 right-of-way line, thence along the U.S. Highway 60 right-of-way
line 15 miles in a south westerly direction to the thread of the Salt River,
thence along the thread of the Salt River 30 miles in a generally west south
westerly direction to the S.W. corner of the Fort Apache Indian Reservation
11 miles N.N.W. to Sombrero Butte, thence continuing along the west
reservation boundary line 32 miles in a northerly direction to the point of
beginning at the northwest corner of the Fort Apache Indian Reservation.
This enclosed area contains 430,571 acres more or less.
DISTRICT II
CARRIZO, FORESTDALE, AND CEDAR CREEK
Starting at a point on the north boundary of the Fort Apache Indian
Reservation approximately 1/4 mile north of the S.W. corner of Sec. 3 T. 10
N, R. 17 E. , Gila and Salt River Meridian, said point being at the boundary
fence line between District I and District II, thence along the north
boundary of the Fort Apache Indian Reservation approximately 50 miles in a
generally E.S.E. direction to the approximate line between Sections 5 and 6
T.8N, R 23E, thence approximately 4 miles in a generally southerly direction
along the boundary line fence between District II and District III to Amos
Mt., thence approximately 6 1/2 miles S.S.E. to Little Round Top Mt., thence
approximately 26 miles in a southwesterly direction across Round Top Mt. and
Cane Butte to the thread of the Salt River (the present boundary fence
between Districts II and III being followed all the way from Amos Mt.)
thence approximately 34 miles along the thread of the Salt River in a
generally W.N.W. direction to the right-of-way line of U.S. Highway 60,
thence approximately 15 miles in a north-easterly direction along the
right-of-way line to the fence line of the Carrizo Bull Pasture, thence
approximately 23 miles in a north northwesterly direction across U.S.
Highway 60 and following the boundary fence between Districts II and III
along Cibecue Ridge to the thread of Carrizo Creek, thence approximately 6
miles in a north northwesterly direction across Carrizo Creek and continuing
along the boundary fence line between Districts II and III. The enclosed
area contains 460,208 acres more or less.
DISTRICT III
EAST FORK, TURKEY CREEK, AND SEVEN MILE
Starting at a point on Mt. Baldy, thence following the Fort Apache Indian
Reservation boundary approximately 4 miles in an easterly direction, thence
follow said reservation boundary approximately 17.7 miles S. to the thread
of the Black River, thence follow the thread of the Black River
approximately 39 miles in a generally southwesterly direction, thence
following the thread of the Black River approximately 30 miles in a
generally northwesterly direction to a point 2 miles down stream from the
junction of Big Bonito Creek, thence approximately 22 miles in a generally
northerly direction to a point approximately 1/2 mile S. of the village of
Whiteriver, thence approximately 19 miles in an E.N.E. direction, crossing
the White River and continuing to a point S. of Aspen Ridge, thence
approximately l0 1/2 miles in a northerly direction across Aspen Ridge and
continuing to a point near the Ryan Ranch, thence approximately 10 miles in
a generally E.S.E. direction to the east boundary of the Fort Apache Indian
Reservation, thence approximately 6 miles in a generally S.S.W. direction to
the point of the beginning on Mt. Baldy. This enclosed area contains 420,709
acres more or less.
DISTRICT IV
CANYON DAY, HONDAH-McNARY, WHITERIVER, AND NORTH FORK
Starting at a point on the north boundary of Fort Apache Indian Reservation
and on the approximate line between Sections 5 and 6, T.8N, R. 23E, Gila and
Salt River Meridian, thence following a meandering line along the north
boundary of said reservation for approximately 19 miles in an easterly
direction to a point approximately on the line between Sections 26 and 27,
T.9N, R. 25E, thence continuing along the reservation boundary line
approximately 18 miles in a southeasterly direction to a point in Sec. 30,
T. 7N, R. 27E, thence along the boundary fence between Districts III and IV
approximately 10 miles in a generally W.N.W. direction to a point near the
Ryan Ranch, thence approximately 10 1/2 miles in a southerly direction
across Aspen Ridge, thence approximately 19 miles in a W.S.W. direction
crossing the White River and continuing to a point approximately 1/2 mile S.
of the village of Whiteriver, thence approximately 22 miles in a generally
southerly direction to the thread of the Black River (the boundary fence
line between Districts III and IV being followed from the Ryan Ranch to the
Black River except for stretches where steep bluffs make fencing
unnecessary), thence approximately 48 miles in a northwesterly direction
along the thread of the Black River to the junction of the White River and
continuing approximately 2.2 miles along the thread of the Salt River,
thence approximately 26 miles along the boundary fence between Districts II
and III in a northeasterly direction crossing Cane Butte and Round Top Mt.
and continuing to Little Round Top, thence approximately 6 1/2 miles N.N.W.
to Big Mt., thence approximately 4 miles E.N.E. to Amos Mt., thence
approximately 4 miles in a generally northerly direction to the point of
beginning. This enclosed area contains 339,545 acres more or less.
Section 3.Representation. The Council may from time to time by ordinance
change the foregoing number of representation according to the growth and
movement of the population.
Section 4.Organization of Council. The Council shall choose, either from
within or without its own membership or from non-members, a secretary, a
treasurer, and such other officers as it may consider necessary.
Section 5.Terms of office. Tribal Council Members shall be elected for a
term of four years or until a successor is chosen. The terms of office shall
be staggered.
Section 6.Oath of Office. Members of the Council shall take office on the
first Wednesday of the first month after their election.
Section 7.Council Chairman and Vice-Chairman. The Chairman and Vice-Chairman
of the Tribal Council shall be elected for a term of four years by popular
vote of the Tribe or until a successor is chosen. Candidates for such office
shall possess the qualifications required of candidates for Council
membership, as set forth in Article XII, except as to residence. The
candidates for Chairman and Vice-chairman need only be residents of the Fort
Apache Indian Reservation. Such elections shall be held under the same rules
as the election for Council Members and the chairman and Vice-Chairman of
the Tribal Council shall take office on the same day that the Council
Members take office.
ARTICLE IV - POWERS OF THE COUNCIL
Section 1.Powers of the Council. In addition to all powers vested in the
White Mountain Apache Tribe through its inherent sovereignty or by existing
law, the White Mountain Apache Tribal Council shall exercise the following
powers, subject to any limitations imposed by this constitution:
(a) To represent the tribe and act in all matters that concern the welfare
of the Tribe, and to make decisions not inconsistent with or contrary to
this constitution.
(b) To negotiate, make and perform contracts and agreements of every
description, not inconsistent with Federal law or this constitution, with
any person, association, or corporation, with any municipality or any
county, or with the State of Arizona or the United States, including
agreements with the State of Arizona for rendition of public services.
(c) To advise the Secretary of the Interior on all activities that may
affect the Fort Apache Indian Reservation, and on all appropriation
estimates and Federal projects for the benefit of the Tribe before such
estimates and projects are submitted to the Office of Management and Budget
and to Congress.
(d) To employ legal counsel, the choice of counsel and fixing of fees to be
subject to the approval of the Secretary of the Interior, so long as such
approval is required by Federal law.
(e) To veto the sale, disposition, lease or encumbrance of tribal lands,
interests in lands, tribal funds or other tribal assets that may be
authorized by any agency or employee of the Government.
(f) To protect and preserve the wildlife, plant life, forests, natural
resources and water rights of the Tribe, and to regulate hunting and fishing
on the reservation.
(g) To cultivate Indian arts, crafts and cultures.
(h) To regulate the uses and disposition of tribal property.
(i) To manage all economic affairs and enterprises of the Tribe including
tribal lands, timber, sawmills, flour mills, community stores, and any other
tribal activities.
(j) To accept grants and donations from any person, State or the United
States.
(k) To appropriate tribal funds for tribal purposes and to expend such funds
in accordance with an annual budget.
(l) To borrow money from any source and pledge or assign chattels or future
tribal income as security therefor.
(m) To provide by ordinance for the assignment, use, or transfer of tribal
lands within the reservation.
(n) To enact ordinances in accordance with applicable law covering the
granting of both surface and subsurface leases for such periods as are
permitted by law.
(o) To levy and collect taxes and to impose license fees.
(p) To enact ordinances to provide for the adoption of minor children.
(q) To enact ordinances establishing and governing tribal courts and law
enforcement on the reservation, regulating domestic relations of persons
within the jurisdiction of the Tribe, providing for appointment of guardians
for minors and mental incompetents, regulating the inheritance of real and
personal property of persons within the jurisdiction of the Tribe, and
providing for the removal or exclusion from the reservation of any
non-member of the Tribe whose presence may be injurious to the people or
property of the reservation.
(r) To enact ordinances governing the activities of voluntary associations
organized for purposes of cooperation or other purposes.
(s) To regulate its own procedures, to appoint subordinate committees,
commissions, boards, advisory or otherwise, tribal officials and employees
not otherwise provided for in this constitution, and to regulate subordinate
organizations for economic and other purposes.
(t) The Tribal Council of the White Mountain Apache Tribe may exercise such
further powers as may be delegated to the Council by members of the Tribe or
which is vested in the Tribe through its inherent sovereignty or by Federal
law.
(u) The foregoing enumeration of powers are in addition to, and not a limit
to, the inherent sovereign powers of the White Mountain Apache Tribe.
ARTICLE V - RIGHTS OF MEMBERS
All members of the White Mountain Apache Indian Tribe shall be accorded
equal political rights and equal opportunities to participate in the
economic resources and activities of the Tribe, and no person shall be
denied freedom of conscience, speech, association or assembly, or the right
to petition for the redress of grievances.
ARTICLE VI - ELECTIONS
Section 1.Regular Elections. Regular elections for Council Members shall be
held every two years on the first Wednesday in April. Regular elections for
Chairman and Vice-Chairman shall be held every four years on the same day
noted above for Council Members.
Section 2.Notice. All elections shall be announced by special notice posted
at least fifteen days before the election at the voting places and other
convenient public places.
Section 3.Eligibility. Any -enrolled member of the Tribe eighteen years of
age or older shall have the right to vote.
Section 4.Voting places. The voting places shall be:
Whiteriver-North Fork Alchesay Hall
East Fork Community Building
Seven Mile Community Building
Canyon Day Community Building
Carrizo Community Building
McNary Council Office
Cibecue Cottonwood Gym
Forestdale Forestdale
Cedar Creek Community Building
and others as may be established by the Council.
Section 5.Nomination of the Chairman and Vice-Chairman. Any resident member
of the Tribe whose name is presented at least fifteen days before the
election to the Secretary or to the Chairman, or in his absence, to the
Vice-Chairman of the Council, by petition signed by at least five percent of
the resident voters of the age of not less than eighteen years shall be
declared by the Council to be regularly nominated and to be a candidate for
the office of Chairman or Vice-Chairman as indicated in such petition. It
shall be the duty of the Tribal Council secretary to post the names of all
qualified candidates at least ten days prior to the election.
Section 6.Nomination of Council Members. Any member of the Tribe who is a
resident of the district from which he desires to be nominated, whose name
is presented at least fifteen days before the election, to the Tribal
Council secretary or to the Chairman, or in his absence, to the
Vice-chairman of the Council, by petition signed by at least five percent of
the resident voters of the district, of the age of not less than eighteen
years, shall be declared by the Council to be regularly nominated as a
Council member and to be a candidate for the office of a Council member as
indicated in such petition. It shall be the duty of the Tribal Council
secretary to post the names of all qualified candidates in a public place at
least ten days prior to the election.
Section 7.Signing of Nomination Paper. Each signer of a nomination paper
shall sign but one paper for the same office unless more than one candidate
is to be elected to such office, and in that case, not more than the number
of nomination papers equal to the number of candidates to be elected to the
office. Signatures of persons in violation of this section shall be
disregarded in determining the regularity of a nomination.
Section 8.Election Requirements. All elections shall be by secret written
ballot. The Council shall have power to prescribe ordinances governing the
conduct of referendums and elections. Such ordinances shall prescribe the
duties of the election board, procedures for casting and canvassing resident
and non-resident ballots, method for challenging right to vote, conduct and
results of elections, and settlement of any election disputes.
ARTICLE VII - REMOVAL FROM OFFICE
Section 1.Forfeiture or Resignation of office. If a Chairman or
Vice-Chairman or any member of the Council resigns, fails or refuses to
attend two regular meetings in succession unless excused due to illness or
other causes for which he or she cannot be held responsible, or shall be
convicted of a felony or of a misdemeanor involving moral integrity, or has
been found guilty of public intoxication, or is guilty of consuming any
alcoholic beverages while attending a meeting of the Council in session, or
during any daytime recess period, the Council shall declare his or her
position vacant.
Section 2.Vacancies. Any vacancies on the Council or any vacancy in the
office of Vice-Chairman resulting from the application of the section
immediately preceding shall be filled at once by a majority vote of the
Council. A vacancy in the office of Chairman shall be filled by the
Vice-Chairman. Persons so appointed shall serve the unexpired term of the
office or member.
ARTICLE VIII - REFERENDUM
Upon a petition of at least twenty percent of the eligible voters of the
Tribe, or upon the request of the majority of the members of the Tribal
Council, any enacted or proposed ordinance or resolution of the Tribal
Council shall be submitted to popular referendum at a special election
called by the Council and the vote of the majority of the qualified voters
in such referendum shall decide whether the ordinance or resolution shall
thereafter be in effect, Provided, That thirty percent or more of the
eligible voters shall vote in such referendum.
ARTICLE IX - RESERVATION LAND
The reservation land now unallotted shall remain tribal property and shall
not be allotted to individuals in severalty, but assignments of land for
private use may be made by the Council in conformity with ordinances which
may be adopted on this subject.
ARTICLE X - AMENDMENTS
Section 1.Requirements. This constitution may be amended by a majority vote
of the qualified voters of the Tribe voting at an election called for that
purpose by the Secretary of the Interior, Provided, That at least thirty
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 or by operation of law.
Section 2.Requests for Secretarial Election. 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 receipt of a petition signed by at least
thirty percent of the qualified voters of the Tribe.
ARTICLE XI - DUTIES OF OFFICES
Section 1.Chairman of the Council. The Chairman of the Council shall preside
over all meetings of the Council, shall perform all duties of a Chairman and
exercise any authority given him specifically by the Council or by a general
meeting of the Tribe. The Chairman shall have power to vote.
Section 2.Vice-Chairman. In the absence of the regular Chairman, the
Vice-Chairman shall preside and shall have all powers, privileges, and
duties of the Chairman. He shall succeed to the office of Chairman in the
event of the Chairman's death, resignation or forfeiture of office. He shall
have power to vote at any meeting.
Section 3.Secretary. The secretary shall conduct all Tribal Council
correspondence and keep and maintain copies of minutes of all Council
meetings.
Section 4.Treasurer.
(a) The treasurer shall accept, receipt for, keep and safeguard all funds in
the custody of the Council. The treasurer shall deposit all such funds as
directed by the White Mountain Apache Tribal Council and shall keep an
accurate record of such funds and shall report on all receipts and
expenditures and the amount and nature of all funds in his or her custody to
the Council at regular meetings and at such other times as requested by the
Council. The treasurer shall not pay or otherwise disburse any funds in the
custody of the Council except when properly authorized to do so by the
Council.
(b) The books and records of the treasurer shall be audited at least once a
year by a competent auditor employed by the Council and at such other times
as the Council may direct.
(c) The treasurer shall be required to give a surety bond to be approved by
the Council.
(d) All checks shall be signed by the treasurer and shall be countersigned
by the Chairman of the Council, or in his absence, by some other officer
designated by the Council.
ARTICLE XII - QUALIFICATIONS OF COUNCIL MEMBERS
Section 1.Qualifications. Any member of the Tribe who has reached the age of
twenty-five years, and who can speak Apache, and who is a resident of the
district which he or she is to represent, or who operates cattle within the
said district or who has farm land assigned to him or her in said district,
shall be qualified to be a candidate for election to the Council. No person
who has been convicted of a felony shall be eligible to hold office in the
Council. No person who within the past year preceding the election has been
convicted of a crime involving moral integrity, shall be eligible to hold
office in the Council. The following crimes, and no others, shall be
considered crimes involving moral integrity: adultery, bribery,
embezzlement, extortion, fraud, forgery, misbranding, perjury, theft or
public intoxication.
Section 2.No Federal Employees No person shall become a member of the White
Mountain Apache Tribal Council, or serve on any Board of Directors of any
tribal enterprise or cattle association, or on any other committee,
commission or board which is under the jurisdiction of the White Mountain
Apache Tribal Council, if employed by the Bureau of Indian Affairs or by any
other Federal agency.
Section 3.No Tribal Employees No person shall become a member of the White
Mountain Apache Tribal Council if employed by the White Mountain Apache
Tribe.
ARTICLE XIII - MEETINGS OF THE COUNCIL
Section 1.First Meeting. At the first meeting of the Council after a regular
election, the Council shall see that all members have a correct and clear
understanding of the constitution and the management of the tribal and
reservation affairs, as well as the rules for the conduct of their own body.
Section 2.Regular Meetings. The Council shall hold its regular meeting on
the first Wednesday in each month at nine o'clock a.m., unless for some
reason the Chairman shall issue notice that the meeting will be held on
another date and time.
Section 3.Special Meetings. Special meetings of the Council may be called by
the Chairman, or the Chairman shall call a special meeting upon written
request of three or more members of the Council.
Section 4.Conduct of Business. In the conduct of business, recognized rules
of order shall be chosen and made applicable. Voting at the Council meeting
may be by voice, but at the discretion of the Chairman or upon the request
of any two members of the Council a secret vote shall be taken.
Section 5.Order of Business. The order of business at any regular or special
meeting of the Tribal Council shall be as follows:
(a) Call to order by the Chairman.
(b) Roll Call.
(c) Reading of minutes of last meeting.
(d) Unfinished business.
(e) Reports.
(f) New Business.
(g) Adjournment.
Section 6.Quorum. Matters of business for the Council shall be decided by a
majority vote. A quorum of the Council shall be constituted if six or more
members are present.
Section 7.Restriction of Voting in the Council. In any matter coming before
the Council which involves any person or company, no member of the Council
that may be permanently connected with the party so involved shall be
permitted to vote without the special consent of the remaining members of
the Council.
Section 8.Salaries and Expenses. The Tribal Council shall prescribe such
salaries and expenses for officers or members of the Council as it deems
advisable.
ARTICLE XIV - MEETINGS OF THE TRIBE
The Council shall from time to time call meetings of all voters of the Tribe
to lay before them such matters as may come before such a general meeting. A
general meeting of the Tribe shall be called upon request of a majority of
the qualified voters of any district.
ARTICLE XV - ORDINANCES AND RESOLUTIONS
Section 1.Ordinances and Resolutions. Every ordinance shall begin with the
words, "Be it enacted by the Council of the White Mountain Apache Tribe."
Every resolution shall begin with the words, "Be it resolved by the Council
of the White Mountain Apache Tribe." All resolutions and ordinances should
be signed by the Chairman or acting Chairman and attested-to by the Tribal
council secretary.
Section 2.Notice of Proposed Ordinances. All proposed ordinances of the
Council shall be posted in each district at least ten days before final
action by the Council.
Section 3.Public Inspection of Ordinances. All ordinances shall be recorded
in a binder and shall be open to public inspection.
Section 4.Public Inspection of Resolutions. All resolutions shall be
recorded in a binder which shall be open to public inspection.
Section 5.Majority Vote. All questions of procedure shall be decided by
motion of the Council or by a ruling of the Chairman if no objection is
heard. In all ordinances, resolutions, or motions, the Council shall act by
majority vote.
ARTICLE XVI - FEDERAL EMPLOYEES
The Council shall request the Superintendent to furnish it with the names of
all civil service probationers or temporary employees under civil service
regulations on the Fort Apache Indian Reservation who are nearing the end of
their probationary periods, and shall advise with the Superintendent in the
matter of their being given permanent positions as civil service employees
on the reservation.
ARTICLE XVII - SAVINGS CLAUSE
All enactments of the Tribe adopted before the effective date of this
constitution shall continue in effect to the extent that they are consistent
with this constitution, unless such enactments are revoked or amended.
ARTICLE XVIII - ADOPTION
This constitution, when adopted by a majority vote of the registered voters
of the White Mountain Apache Tribe of the Fort Apache Indian Reservation,
voting at a special election authorized by the Secretary of the Interior in
which at least thirty percent (30%) of those entitled to vote shall vote,
shall be submitted to the Secretary of the Interior for his approval, and if
approved by the Secretary of the Interior or by operation of law, shall be
effective from the date of such approval.
CERTIFICATION OF ADOPTION
Pursuant to a Secretarial election authorized by the Deputy Commissioner of
Indian Affairs on July 15, 1993, the Constitution of the White Mountain
Apache Tribe of the Fort Apache Reservation, Arizona, was submitted to the
qualified voters of the White Mountain Apache Tribe, and on September 30,
1993, was duly adopted/rejected by a vote of 827 (number) for, and 531
(number) against, and 0 (number) cast ballots found separated or mutilated,
in an election in which at least thirty (30) percent of the 2,450 number)
entitled to vote cast their ballots in accordance with Section 16 of the
Indian Reorganization Act of June 18, 1934 (48 Stat. 984), as amended.
A P P R O V A L
I, Ada E. Deer, Assistant Secretary - Indian Affairs, by virtue of the
authority granted to the Secretary of the Interior by the Act of June 18,
1934 (48 Stat. 984), as amended, and delegated to me by 230 D.M. 2.4, do
hereby approve the Constitution of the White Mountain Apache Tribe of the
Fort Apache Reservation, Arizona. This Constitution is effective as of this
date, Provided, That nothing in this approval shall be construed as
authorizing any action under this document that would be contrary to Federal
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Native American Nations
