Constitution Preamble

We, the members of the Cow Creek Band of Umpqua Tribe of Indians, create and adopt this Constitution for the Cow Creek Band of Umpqua Tribe of Indians in order to form effective tribal government, to secure and protect the powers inherent in our sovereign status and guaranteed to us by treaty and Federal law, to preserve our culture and tribal identity, to promote the social and economic welfare of our people, to secure, protect, and develop our common resources, to maintain peace and order and safeguard individual rights, and to advance our mutual welfare. We adopt this Constitution consistent with the Cow Creek Band of Umpqua Tribe of Indians Recognition Act of December 29, 1982 (P.L. 97-391), 25 U.S.C. § 712, et seg., as amended the Cow Creek Band of Umpqua Tribe of Indians Distribution of Judgment Funds Act of October 26, 1987 (P.L. 100-139), and the Indian Reorganization Act of June 18, 1934 (48 Stat. 984), as amended. This Constitution shall revoke and replace all previous governing documents of the Tribe.

Article I: Territory and Jurisdiction

Section 1. Name.

The legal name of the Tribal organization shall be the Cow Creek Band of Umpqua Tribe of Indians (herein referred to as “Tribe”).

Section 2. Reservation Lands and Trust Property.

The territory and jurisdiction of the Cow Creek Band of Umpqua Tribe of Indians shall extend over the following to the fullest extent possible under Federal law:

(a) All lands, waters, property, air space, other natural resources and any interest therein either now, or in the future, owned by the Tribe or individual tribal members, and/or held in trust status or located within the boundaries of a reservation which has been or may be proclaimed for the Tribe, notwithstanding the issuance of any patent or right-of-way.

(b) All persons, property and activities located or found within the Tribe’s jurisdiction as authorized by Federal law or this Constitution.

(c) All members exercising or purporting to exercise any rights reserved by the Tribe under the Treaty of September 19, 1853 (10 Stat. 1027), and all property or activity to the extent necessary to implement and protect all rights and powers reserved or granted to the Tribe by the Treaty of September 19, 1853, the United States Constitution or Federal law.

(d) The governmental powers of the Tribe shall, consistent with applicable Federal law, also extend outside the exterior boundaries of the Tribe’s Reservation to any persons, subject, or real and personal properties of the Tribe which are, or may hereafter be, included within the jurisdiction of the Tribe under any law of the United States or of the Tribe.

Section 3. Hunting, Fishing, and Gathering Rights.

Nothing in this Constitution shall restrict the exercise of tribal hunting, fishing, and gathering rights, if any, not specifically abrogated by the Treaty of September 19, 1853 and existing as of the date on which this Constitution is adopted, including the tribal rights to hunt and gather within the Tribe’s aboriginal lands and to fish at the Tribe’s usual and accustomed grounds and stations to the extent permitted by Federal law.

Section 4. State Jurisdiction.

Nothing in this Constitution shall be interpreted to grant jurisdiction over any lands held in trust for the Tribe or any activities conducted on such tribal lands. To the State of Oregon or any other State of the United States of America.

Article II: Membership

Section 1. Requirements.

The membership of the Cow Creek Band of Umpqua Tribe of. Indians shall consist of the following:

(a) all persons whose names appear on the official Tribal membership roll prepared under the Act of October 26, 1987 (Public Law 100-139), as amended by the Act of September 27, 1988 (Public Law 100-446), which on January 10, 1991, was published in the Federal Register, Vol. 56, No. 7, .pages 1062 through 1071;

(b) all persons (including those applicants for enrollment born on or after October 26, 1987) who are lineal descendants of any individual whose name appears on the official tribal membership roll, excepting, from the time of the adoption of this Constitution, those who are members of any other recognized tribe, band, or community, unless he or she has relinquished in writing his or her membership in such other tribe, band or community; and,

(c) all other persons whose eligibility for enrollment as established under the Cow Creek Band of Umpqua Tribe of Indians Distribution of Judgment Funds Act of October 26, 1987 (P.L. 100-139), as now codified or as it may be amended by Congress in the future, and whose application for enrollment is favorably acted upon by the Board of Directors under relevant governing documents and tribal ordinances.

Section 2. Dual membership Prohibited.

After the adoption of this Constitution, no person who is an enrolled member of any other organized tribe, band, or Indian community officially recognized by the Secretary of the Interior shall be eligible for membership in the Tribe, unless he or she has relinquished in writing his or her membership in such other tribe, band, or community.

Section 3. Adoption.

An individual who has been legally adopted by a Tribal member but is otherwise not qualified for membership in the Tribe shall not be admitted to membership.

Section 4. Regulation of Membership.

The Board of Directors shall have the authority to enact ordinances establishing procedures for processing membership matters including, but not limited to, application procedures. Ordinances enacted by the Board of Directors governing the correction of the tribal roll, the right to appeal from a rejected application for membership, and loss of membership shall be subject to approval by the Secretary of the Interior. The Board of Directors shall enact the appropriate enrollment ordinances within six (6) months of the adoption of this Constitution.

Article III: Board of Directors

Section 1. Definition of the governing Body.

The governing body of the Tribe shall be known as the Board of Directors.

Section 2. Membership.

The Board of Directors shall consist of 11 members duly elected to terms as provided in Section 5 of this Article. All members of the Board of Directors at the time this Constitution becomes effective shall continue to serve until the end of their terms.

Section 3. Tribal Officers.

The Board of Directors shall consist of (1) a Chairperson, (2) a Vice Chairperson, (3) a Secretary, (4) a Treasurer, and seven (7) members of the Board of Directors. Officers shall be elected by the newly formed Board of Directors immediately following each annual election.

Section 4. Quorum.

A quorum of the Board of Directors shall consist of six (6) members of the Board of Directors.

Section 5. Terms of Office.

Each individual elected to the Board of Directors shall serve for a period of four years in accordance with election procedures adopted herein, unless removed from office according to the provisions of Article V. At the 1991 election, those three (3) individuals receiving the largest number of votes shall be elected for a period of four years. Those three (3) individuals receiving the next highest number of votes shall be elected for a period of three years. Those three (3) individuals receiving the next highest number of votes shall be elected for a period of two years. Those two (2) individuals receiving the next highest number of votes shall be elected for a period of one year. Beginning with the 1992 election, each position for which the elected term expires shall be filed by election for a four year term.

Section 6. Automatic Succession.

If the Chairperson is unwilling or unable to serve, the Vice Chairperson shall become Acting Chairperson. If both the Chairperson and Vice Chairperson are unwilling or unable to serve, the Board of Directors shall elect their successors at a Special Meeting of the Board of Directors convened for that purpose by the Secretary and/or the Treasurer.

Article IV: Tribal Elections

Section 1. Voter Qualifications.

Duly enrolled tribal members shall be qualified to vote if they are at least eighteen (18) years of age on the date of the election.

Section 2. Elections.

All elections for members of the Board of Directors shall be by secret ballot. Absentee voting shall be permitted.

Section 3. Election Dates.

Regular elections for the Board of Directors shall be held in August of each year at the time of the annual meeting. Notice of election shall be mailed to all members of the Tribe at least three weeks in advance of the date of the election and posted in the tribal office.

Section 4. Nominations for the Board of Directors.

The Board of Directors shall establish procedures for nominations and shall publish those procedures at least 30 days in advance of the time of nominations.

Section 5. Election Committee.

The Tribe’s Board of Directors shall establish an Election Committee comprised of at least three (3) members of the Tribe, at least one of whom shall be a current member of the Board of Directors, whose term is not expiring at the forthcoming election, who shall be responsible for overseeing all Tribal elections, registering voters, collecting ballots, tabulating votes, reporting the results, and bringing all disputes concerning elections before the Board of Directors. These individuals shall serve for a period of one year.

Section 6. Qualifications for Candidates for Tribal Board of Directors.

Any Tribal member who is at least 21 years of age on the date of the election and has never been convicted of a felony shall be eligible to serve as a member of the Board of Directors and may be nominated as a candidate for that office. A Tribal member who has been pardoned for all felony convictions shall be eligible to serve as a member of the Board of Directors.

Section 7. Election ordinance.

Within six (6) months of the adoption of this Constitution, consistent with the provisions of this Constitution, the Board of Directors shall develop an ordinance governing the conduct of Tribal elections and the procedures for nominations. These procedures shall be posted in the Tribal office and published in a newsletter and mailed to Tribal members at least 30 days prior to the time for nominations.

Article V: Vacancies and Removal From Office or From the Board of Directors

Section 1. Removal

(a) Should any of the following circumstances occur involving a member of the Board of Directors, the remaining members of the Board of Directors may by resolution remove such person from office.

1. Failure to satisfy the requirements for holding office in Article IV, Section 6.
2. Absence from three (3) successive tribal Board of Directors meetings without being excused by the Board of Directors.
3. Gross misconduct in office, neglect of duty or conviction of a felony after his or her election.
4. Becoming physically or mentally incapable of performing his or her duties.

(b) Any member of the Board of Directors subject to removal from the office or from the Board of Directors shall, before a vote is taken, be provided at least 10 days in advance with a detailed written notice of the charges against him or her and with a fair opportunity to reply to such charges and present evidence on his or her behalf at an open hearing called for that purpose. At least eight (8) of the remaining members of the Board of Directors must vote in favor of removal to make it valid. The Chairperson shall be permitted to vote if he/she is not the object of removal proceedings.

Section 2. Fillings Vacancies.

If any vacancies occur due to removal, resignation or death, the Board of Directors shall appoint a new member who qualifies pursuant to Section 6 of Article IV, to serve until the next regular election when a successor shall be elected to fill the remainder of the term so as to preserve the system of staggered terms of office. No vacancies that occur within three (3) months of the next regular election shall be filled except that the Board of Directors shall fill any vacancies required to maintain a quorum.

Article VI: General Council and Reserved Rights

Section 1. General Council Membership.

The General council of the Tribe shall consist of all enrolled members of the Tribe who are 18 years of age or older.

Section 2. Meetings of the General Council.

The General Council may hold quarterly meetings during the months of February, May, August, and November. Special meetings of the General Council my be called by the Chairperson of the Board of Directors or by a majority of the members of the Board of Directors. Written notice of such meetings shall be posted in the tribal office and shall be mailed to tribal members at least 10 days prior to such meeting. The Board of Directors shall call such a meeting upon presentation of a properly verified petition signed by at least one-third (1/3). or more of the eligible voters of the Tribe. The Tribal Chairperson or successor or replacement under this Constitution shall chair General Council meetings.

Section 3. Quorum of the General Council.

A quorum of the General Council shall consist of 25 voting members of the General Council. On issues presented to the General Council by the Board of Directors for a vote, a majority vote shall rule, unless otherwise required by this Constitution. For the purposes of this Section 3, all members of the Board of Directors present shall be counted as members.

Section 4. Powers of the General Council.

The Board of Directors and other agencies, committees or bodies of the Tribe are required to obtain the advice and consent of the General Council prior to taking any action with regard to the following powers:

(a) the relinquishment of any tribal criminal or civil jurisdiction to any agency, public or private; provided, however, that this provision shall not prevent the Board of Directors from commissioning non-tribal peace officers to enforce tribal law and other regulations and ordinances;

(b) the termination or partial termination or sale of any portion of the Tribe’s reservation or trust property; and,

(c) the sale or relinquishment of Tribal hunting, fishing or water rights.

Section 5. Reserved Rights.

The General Council retains the following powers:

(a) electing the members of the Board of Directors in accordance with Article IV;

(b) deciding on initiative and referendum issues in accordance with Article VIII;

(c) adopting or rejecting Constitutional amendments in accordance with Article XII; and

(d) all powers not expressly delegated to the Board of Directors.

Article VII: Powers of the Board of Directors

Section 1. General and Enumerated Powers.

The Board of Directors of the Tribe shall exercise all powers and duties delegated to it to the full extent permitted by Federal law. The Board of Directors shall be authorized to exercise the following powers, subject to any limitations imposed by Federal law or the Constitution of the United States, and subject further to all express restrictions upon such powers contained in this Constitution:

(a) To negotiate with the Federal, state, and local governments on behalf of the Tribe and to advise and consult with representatives of the Department of the Interior or any other federal, state, or local department, agency, or office on all activities of those agencies or offices that may affect the Tribe.

(b) To represent the Tribe before Federal, state, and local governments and their departments and agencies.

(c) To employ legal counsel, to determine the choice of counsel and fixing of fees to be subject to the approval of the Secretary of the interior only so long as and only under such conditions as such approval is required by Federal law.

(d) To administer the affairs and assets of the Tribe, including Tribal lands, minerals, timber, water rights, funds, and other resources under appropriate contract, leases, permits, loans, or sale agreement. in the sale or other transfer of Tribal lands, the Tribe and the Board of Directors shall take every precaution so that the land does not go out of trust.

(e) To administer all federal funds, state funds, county funds, or funds from any other agency, organization, or foundation, and all funds from tribal business enterprises or to assign such responsibility to such persons, committees or companies as it designates.

(f) To provide for taxes, assessments, permits, and license fees upon members and non-members within the trust lands under the jurisdiction of the Tribe.

(g) To manage all economic affairs and enterprises of the Tribe or to assign such responsibility to such persons, committees or companies (including tribally chartered corporations) as it designates.

(h) To appoint committees and officers as necessary to define their duties and powers.

(i) To enact ordinances and laws governing the conduct of all persons or tribally-owned land; to maintain order and protect the safety, health, and welfare of all persons within the jurisdiction of the Tribe; and to enact any ordinances or laws necessary to govern the administration of justice, and the enforcement of all laws, ordinances or regulations, including the Indian Child Welfare Act.

(j) To prescribe conditions upon which non-members may remain within the territory of the Tribe.

(k) To charter corporations (including corporations with self perpetuating boards), and to charter and regulate cooperatives, associations, special districts, education, and charitable institutions, political subdivisions, and any organizations.

(l) To enter into loan agreements, joint venture business partnerships, to assign business or other income as collateral for loans, and to enter into other financial arrangements as required for the development and management of business enterprises or land acquisition, including the enactment of such ordinances as are necessary or appropriate.

(m) To purchase or accept any land or other property for the Tribe.

(n) To request the Secretary of the Interior to confer trust or reservation status on lands granted to or purchased by the Tribe.

(o) To accept gifts on behalf of the Tribe.

(p) To deal with questions concerning the encumbrance, lease, use, management, assignment, zoning,, exchange, mortgage, purchase, acquisition, sale, placement in trust and disposal of land and other assets owned by, or held in trust for, the Tribe; and regulate land use and development in areas within the Tribe’s jurisdiction.

(q) To assert as a defense to lawsuits against the Tribe, and to waive only by express written agreement, the sovereign immunity of the Tribe.

(r) To enter into grant and contract agreements with any Federal, state, county, local or other agency, or private or charitable foundation or organization and to submit grant and contract applications to such agencies, organizations, etc.

(s) To develop and implement comprehensive short-term and long-range plans for the Tribe.

(t) To have such other powers and authority necessary to meet its obligations, responsibilities, objectives, and purposes as the governing body of the Tribe.

(u) To exercise any power or duty which may now or in the future be delegated to the Board of Directors or to the Tribe by the Federal, state, or county governments.

(v) To employ a Tribal Administrator to assist the Board of Directors in the performance of administrative and other duties, and the duties of the Tribal Administrator shall be defined by the Board of Directors.

Section 2. Reserved Powers.

(a) The General Council shall have all other powers not expressly delegated to the Board of Directors.

(b) Notwithstanding the above enumerated powers, the Tribe may exercise all other inherent tribal powers not expressly listed without amendment to this constitution. Such powers include those now delegated to the Board of Directors and any which the Federal, state, county, or local governments may grant to Indian tribes in the future.

Article VIII: Initiative and Referendum

Section 1. Initiative.

The qualified voters may propose legislation by submitting to the Board of Directors a petition signed by at least one-third (1/3) of the enrolled Tribal members 18 years of age or older. Each page of the petition shall contain a description of the proposed enactment. Within 30 days from the Board of Directors’ receipt of a valid petition, the Chairperson shall call an election to be held in conjunction with the next regularly scheduled meeting of the General Council. A majority of those who vote shall decide the issue, provided that at least one-fourth (1/4) of the enrolled tribal members 18 years of age or older cast ballots on the proposed legislation. The decision of the voters shall be binding on the Board of Directors and shall remain in force until amended or rescinded by subsequent action by the voters, or until it expires by its own terms.

Section 2. Referendum.

The Board of Directors, either upon an Initiative under Section 1 of this Article or by an affirmative vote of at least six (6) of its members, shall call an election to be conducted within 45 days of such Board of Directors decision for the purpose of deciding issues or questions that are either within the authority of the General Council as defined in Article VI, or those powers vested in the Board of Directors. An affirmative vote of at least a majority of those who vote shall be necessary to decide the issue or question, provided, that no less than one-fourth (1/4) of the enrolled Tribal members 18 years of age or older cast ballots in that election. No absentee balloting shall be permitted. The decision of the voters shall be binding in the same manner as provided in Section 1 of this Article VIII.

Section 3. Non-Binding Referendum.

The Board of Directors, by an affirmative vote of at least six (6) of its members, shall call for an election or vote to be conducted within 45 days of such Board of Directors decision, for the purpose of soliciting advice from the General Council on an issue within the authority of the Board of Directors. The results of such votes or elections shall not be binding upon the Board of Directors but shall serve to advise the Board of Directors of the interests and concerns of the General Council on matters which are reserved for decision to the Board of Directors.

Article IX: Rights of Tribal members and Others Under Jurisdiction of the Tribe

Section 1. Rights and Privileges of Members.

Every Tribal Member shall have an equal opportunity to participate in the economic resources, programs, and activities of the Tribe and the right to exercise traditional rights and privileges of members of the Tribe where not in conflict with other provisions of this Constitution, Tribal laws and ordinances, or the laws of the United States. Where funding is limited, the Board of Directors shall have the right to impose restrictions on access to services or to program benefits, but such restrictions shall not be based on sex, political affiliation, religious beliefs, or membership in any specific family of the Tribe.

Section 2. Individual Rights.

This Constitution and the Tribal Government it establishes shall not encroach upon or limit any person’s right to enjoy freedom of worship, conscience, speech, press, assembly and association, and such other rights as are guaranteed by Federal law including the Indian Civil Rights Act of 1968 (87 Stat. 77).

Article X: Tribal Judiciary

Section 1. Right of Board of Directors to Establish a Tribal Judiciary.

If the Board of Directors should determine that there is a substantial need for a tribal judiciary system. and that the adequate funding is available to establish and maintain such a system, the Board of Directors may establish a tribal judiciary system and provide or authorize support for that system.

Section 2. Establishment of Tribal Judiciary.

The Board of Directors shall determine, by ordinance, the judicial powers and authorities of the judiciary, the number of judges and staff to be appointed, the manner of appointment and removal from office, the rate of compensation, the qualifications for office, and shall appropriate such funds as needed to enable the tribal judiciary to carry out its responsibilities.

Article XI: Duties of Officers

Section 1. Chairperson.

The Chairperson of the Board of Directors shall preside over all meetings of the Board of Directors and of the General Council. He/she shall perform all duties of the Chairperson and exercise any authority delegated to him/her by the Board of Directors.

Section 2. Vice Chairperson.

The Vice Chairperson shall act as Chairperson and perform the duties of the Chairperson in the Chairperson’s absence.

Section 3. Secretary.

The Secretary shall keep a complete record of minutes of all business conducted by the Board of Directors at its meetings and of the business conducted by the General Council at its meetings. The Secretary shall be responsible for Tribal correspondence and reports, unless such responsibilities are delegated to an employee of the Tribe or other Board of Directors members. The Secretary shall chair meetings in the absence of the Chairperson or Vice Chairperson. The Board of Directors may delegate an assistant or recording secretary to assist the Secretary in the performance of his/her duties.

Section 4. Treasurer.

The Treasurer of the Tribe shall be required to furnish a bond satisfactory to the Board of Directors. The Treasurer shall keep complete and accurate records of all funds in the custody of the Board of Directors. The Treasurer shall provide a written report on all receipts and expenditures and accounts and the nature of all funds in his/her possession or custody to the membership at their quarterly General Council meetings and shall provide a written monthly report to the Board of Directors. The books and records of the Treasurer shall be audited at least once a year by a competent auditor.

Article XII: Amendments

This Constitution may be amended by a majority vote of the enrolled members of the Tribe 18 years of age and older voting at an election called for that purpose by the Secretary of the Interior PROVIDED, that at least 30 percent of those eligible to vote shall vote in such an election, but no amendment shall become effective until it has been approved by the Secretary of the Interior. The Board of Directors may establish a system for registration of voters prior to any vote, but all enrolled tribal members 18 years of age or older will be entitled to vote provided they are registered.

Amendments to the Constitution may be proposed either by the Board of Directors or the General Council. It shall be the duty of the Secretary of the Interior to call an election on any proposed Amendment upon receipt of a valid petition signed by at least one-third (1/3) of the enrolled members of the Tribe 18 years of age or older, or by a resolution passed by an affirmative vote of at least six (6) member of the Board of Directors. In the case of Amendments to the Constitution, absentee voting will be permitted.

Article XIII: Adoption

This constitution, when adopted by a majority vote of the qualified voters of the Cow Creek Band of Umpqua Tribe of Indians, voting at an election called for that purpose by the Secretary of the Interior and conducted in accordance with Federal law in which at least 30 percent of those entitled to vote shall vote, shall be submitted to the Secretary of the Interior for his approval, and, if approved, shall be effective from the date of such approval.

Article XIV: Severability

Should any provision of this constitution in the future be held invalid by a court of competent jurisdiction, the invalid portion shall be severed and the remaining provisions shall continue in force and effect.

Certificate of Results of Election

Pursuant to an order issued on May 17, 1991, by Ronal Eden, Director, office of Tribal Services, the foregoing Constitution of the Cow Creek Band of Umpqua Tribe of Indians, Oregon, was submitted to the qualified registered voters of the Tribe and was on July 8, 1991 duly adopted in a vote of 178 for, and 35 against, in an election in which at least thirty percent (30%) of the 252 (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.

Attested to:

Sue M Shaffer, Chairperson (signed).

David Bartels, Acting Superintendent, Siletz Agency (signed).

Carla Swanson, Secretary (signed).