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Bureau of Indian Affairs

Bureau of Indian Affairs. Great Plains Regional Office. The BIA’s Mission is to: “… enhance the quality of life, to promote economic opportunity, and to carry out the responsibility to protect and improve the trust assets of American Indians, Indian tribes, and Alaska Natives.".

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Bureau of Indian Affairs

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  1. Bureau of Indian Affairs Great Plains Regional Office The BIA’s Mission is to: “… enhance the quality of life, to promote economic opportunity, and to carry out the responsibility to protect and improve the trust assets of American Indians, Indian tribes, and Alaska Natives."

  2. Great Plains Region • 12 Agencies • 16 Tribes • 15 of those 16 Tribes require some sort of Secretarial oversight or involvement in Tribal Constitutional amendment process

  3. The Indian Reorganization Act • 1928 Meriam Report – Tribes have been devastated by Federal policy to date • 1934 Indian Reorganization Act also known as Wheeler-Howard Act • Constitutions, Corporate Charters, and Loans • Re-established Trust Land Concept

  4. Revision as a Long-Term SolutionGovernance Today • Keys to Success • Comprehensive • Community Involvement • Education about Changes • Transparency • Timelines and Deadlines ...a worthwhile, but time-intensive and expensive process

  5. Most Common Revision Focus • Membership • Leadership Qualifications • Removal of Leaders

  6. Short-term SolutionsAlternatives to Revision • Updating Documents Referenced in the Constitution • Code of Ethics • Enrollment Ordinance • Election Ordinance • Land Ordinance • “Less is More” Pros v. Cons • Filling in the Gaps where the Constitution is Silent • Reasonable Interpretation

  7. Reasonable InterpretationExample - Oath • Language – “...[I] will work to promote and protect the best interest of the Indians of the [Example Tribe].” • Wanted to conduct election to change one word in the oath from “Indians” to “Tribal Members.” • Possible Solution – Indians of the Tribe can reasonably mean only members of the Tribe.

  8. Reasonable InterpretationExample - Approval • Language – “[t]o provide for the appointment of guardians for minors and mental incompetents by ordinance or resolution, subject to approval of the Commissioner of Indian Affairs....” • Just approve overall ordinance/resolution or some role in each and every guardianship?

  9. Reasonable InterpretationExample - Amendments • Language of Example Tribe 1 – “...at an election called for the purpose by the Secretary of Interior....” and “...no amendment shall become effective until it shall have been approved by the Secretary of Interior.” and “It shall be the duty of the Secretary of Interior to call an election on any proposed amendment....” • Example Tribe 1 – 25 CFR Part 81 or 82 Election • Language of Example Tribe 2 – “It shall be the duty of the Commissioner of Indian Affairs to call an election on any proposed amendment....” • Example Tribe 2 – Election approved to be conducted after checking that proposals not violative of Federal law, then election process conducted by Tribe. • Could Example Tribe 2 language be reasonably interpreted to allow for 25 CFR Part 81 or 82? Absolutely – if that is how the Tribe interprets their Constitution.

  10. Tips Going Forward? Think outside the box! Be reasonably guided by prior established practice Build a resource center for Tribal Court and Tribal Appellate Court opinions on meaning of existing Constitutional language Remember the possibilities in future drafting efforts – the pros and cons of the “Less is More” concept

  11. Pilamaya! For further questions, please contact:Dani DaughertyTribal Operations SpecialistOffice of Tribal GovernmentGreat Plains Regional Office115 4th Ave. SEAberdeen, South Dakota 57401605-226-7376 (phone)605-226-7379 (fax) danelle.daugherty@bia.gov Great Opportunities in the GreatPlains Region

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