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CONSTITUTION

OF THE

YUROK TRIBE

October 22, 1993

 TABLE OF CONTENTS

Preamble Pg.
Article I Territory, Jurisdiction and Authority Pg.
Section 1 Ancestral Lands Pg.
Section 2 Territory Pg.
Section 3 Jurisdiction Pg.
Section 4 Authority of Tribal Government Pg.
Section 5 Tribal Offices Pg.
Article II Membership Pg.
Section 1 Base Membership Roll Pg.
Section 2 Yurok Tribal Membership Roll Pg.
Section 3 Tribal Membership Based Upon
Extraordinary Circumstances Pg.
Section 4 Limitations on Membership Pg.

Article III Election of Yurok Tribal Council Pg.

Section 1 Election Pg.

Section 2 Council Districts Pg.

Section 3 Terms of Office Pg.

Section 4 Voter Registration Pg.

Section 5 General Qualifications for Office Pg.

Section 6 Qualifications for Tribal Chairperson and

Vice-Chairperson Pg.

Section 7 Qualifications for Council Member

Representing A District Pg.

Section Primary Election Pg.

Section Run-Off Election Pg.

Section 10 Filling of Vacant Positions Pg. 9

October 22, 1993

 TABLE OF CONTENTS

Article IV Duties and Powers of the Yurok Tribal

Council Pg.
Section 1 Tribal Chairperson pg.
Section 2 Vice-Chairperson Pg.
Section 3 Other Tribal Officers Pg.
Section 4 Miscellaneous Other Officers Pg.
Section 5 Yurok Tribal Council Pg.
Article V Yurok Tribal Council Meetings Pg.
Section 1 Frequency Pg.
Section 2 Quorum Pg.
Section 3 Special Meetings Pg.
Section 4 Public Meetings Pg.
Section 5 Roll Call Voting Pg.
Section 6 Consensus Pg.
Article VI Annual Membership Meeting Pg.
Section 1 Annual Membership Meeting Pg.
Section 2 Powers Pg.
Article VII Tribal Justice System Pg.
Article VIII Oath of Office Pg.
Article Ix Bill of Rights Pg.
Article x Recall of Officials Pg.
Section 1 Grounds for Recall Pg.
Section 2 Recall Election Pg.
Section 3 Limits on Recall Pg.

ii.

October 22, 1993

 TABLE OF CONTENTS

Article XI Initiative and Referendum Pg. 17

Section 1 Initiative Pg. 17

Section 2 Referendum Pg. 17

Article XII Amendment Pg. 17

Section 1 Amendments Proposed Pg. 17

Section 2 Adoption Pg. 17

Article XIII Severability Clause Pg. 18

Article XIV Effective Date and Initial Election Pg. 18

iii.

October 22, 1993

 CONSTITUTION

OF THE
YUROK TRIBE

We, the members of the Yurok Tribe, also known historically as

the Pohlik-lah, Ner-er-ner, Petch-ik-lah, or Klamath River
Indians, hereby adopt this constitution and establish our tribal
government.

PREAMBLE

Our people have always lived on this sacred and wondrous land
along the Pacific Coast and inland on the Klamath River, since
the Spirit People, Wo-ge' made things ready for us and the
Creator, Ko-won-no-ekc-on Ne-ka-nup-ceo, placed us here. From
the beginning, we have followed all the laws of the Creator,
which became the whole fabric of our tribal sovereignty. In times
past and now Yurok people bless the deep river, the tall redwood
trees, the rocks, the mounds, and the trails. We pray for the
health of all the animals, and prudently harvest and manage the
great salmon runs and herds of deer and elk. We never waste and
use every bit of the salmon, deer, elk, sturgeon, eels, seaweed,
mussels, candlefish, otters, sea lions, seals, whales, *and other
ocean and river animals. We also have practiced our stewardship
of the land in the prairies and forests through controlled burns
that improve wildlife habitat and enhance the health and growth
of the tan oak acorns, hazelnuts, pepperwood nuts, berries,
grasses and bushes, all of which are used and provide materials
for baskets, fabrics, and utensils.

For millennia our religion and sovereignty have been pervasive

throughout all of our traditional villages. Our intricate way of
life requires the use of the sweathouse, extensive spiritual
training, and sacrifice. Until recently there was little crime,
because Yurok law is firm and requires full compensation to the
family whenever there is an injury or insult. If there is not
agreement as to the settlement, a mediator would resolve the
dispute. Our Indian doctors, Keg-ae, have cared for our people
and treated them when they became ill. In times of difficulty
village headmen gather together to resolve problems affecting the
Yurok Tribe.

Our people have always carried on extensive trade and social

relations throughout our territory and beyond. Our commerce
includes a monetary system based on the use of dentalium shells,
Terk-n-term, and other items as currency. The Klamath River was
and remains our highway, and we from time beginning utilized the
river and the ocean in dugout canoes, Alth-wavoch, carved from

October 22, 1993

the redwood by Yurok craftsmen, masterpieces of efficiency and
ingenuity and have always been sold or traded to others outside
the tribe.,---- Our people come together from many villages to
perform ceremonial construction of our fish dams, LohQ-en. Our
traditional ceremonies -- the Deerskin Dance, Doctor Dance, Jump
Dance, Brush Dance, Kick Dance, Flower Dance and others -- have
always drawn hundreds, and sometimes thousands, of Yuroks and
members of neighboring tribes together for renewal, healing, and
prayer. We also have always traveled to the North and East to
the high mountains on our traditional trails to worship the
Creator at our sacred sites, -- Doctor Rock, Chimney Rock, Thkla-
mah (the stepping stones for ascent into the sky world), and many
others.

This whole land, this Yurok country, stayed in balance, kept that
way by our good stewardship, hard work, wise laws, and constant
prayers to the Creator.

Our social and ecological balance, thousands and thousands of

years old, was shattered by the invasion of the non-Indians. We
lost three-fourths or more of our people through unprovoked
massacres by vigilantes and the intrusion of fatal European
diseases. The introduction of alcohol weakened our social
structure, as did the forced removal of our children to
government boarding schools, where many were beaten, punished for
speaking their language, and denied the right to practice their
cultural heritage. After goldminers swarmed over our land we
agreed to sign a "Treaty of Peace and Friendship" with
representatives of the President of the United States in 1851,
but the United States Senate failed to ratify the treaty. Then
in 1855, the United States ordered us to be confined on the
Klamath River Reserve, created by Executive Order, (pursuant to
the Act of March 3, 1853, 10 Stat. 226,238) within our own
territory.

In 1864 a small part of our aboriginal land became a part of the

Hoopa Valley Indian Reservation which was set apart for Yuroks
and other Indians in Northern California. This became known as
the 12-mile "Square." In 1891, a further small part of our
aboriginal land was added when "The Extension" to the Hoopa
Valley Indian Reservation was set aside by executive order
authorized by the 1864 statute, which created the Hoopa Valley
Indian Reservation. This statutory reservation extension
extended from the mouth of the Klamath River, including the old
Klamath River Reserve, about 50 miles inland and encompassed the
river and its bed, along with one mile of land on both sides of
the river.

But even this small remnant of our ancestral land was not to last
for long. In the 1890"s, individual Indians received allotments
from tribal land located in the Klamath River Reserve portion of

October 22, 1993

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5) Provide for the health, education, economy, and social well-
being of our members and future members;
6) Restore, enhance, and manage the tribal fishery, tribal water
rights, tribal forests, and all other natural resources; and
7) Insure peace, harmony, and protection of individual human
rights among our members and among others who may come within
the jurisdiction of our tribal government.

ARTICLE I - TERRITORY , JURISDICTION AND AUTHORITY

SECTION 1 - Ancestral Lands.

The Ancestral Lands of the Yurok Tribe extend unbroken along the
Pacific Ocean coast (including usual and customary off-shore
fishing areas] from Damnation Creek, its northern boundary, to
the southern boundary of the Little River drainage basin, and
unbroken along the Klamath River, including both sides and its
bed, from its mouth upstream to and including the Bluff Creek
drainage basin. Included within these lands are the drainage
basin of Wilson Creek, the drainage basins of all streams
entering the Klamath River from its mouth upstream to and
including the Bluff Creek and Slate Creek drainage basins,
including the village site at Big Bar (except for the drainage
basin upstream from the junction of Pine Creek and Gnow Camp
Creek), and the Canyon Creek (also known as Tank Creek) drainage
basin of the Trinity River, the drainage basins of streams
entering the ocean or lagoons between the Klamath River and
Little River (except for the portion of the Redwood Creek
drainage basin beyond the McArthur Creek drainage basin, and
except for the portion of the Little River drainage basin which
lies six miles up from the ocean). Our Ancestral Lands include
all submerged lands, and the beds, banks and waters of all the
tributaries within the territory just described. Also included
within the Ancestral Lands is a shared interest with other tribes
in ceremonial high country sites and trails as known by the
Tribe, as well as the Tribe's usual and customary hunting,
fishing and gathering sites. The Ancestral Lands are depicted on
the "Map of Yurok Ancestral Lands", on file in the Yurok Tribal
offices.

SECTION 2 - Territory.

The territory of the Tribe consists of all Ancestral Lands, and

specifically including, but not limited to, the Yurok Reservation
and any lands that may hereafter be acquired by the Tribe, within
or without Ancestral Lands.

SECTION 3 - Jurisdiction.

The jurisdiction of the Yurok Tribe extends to all of its members

wherever located, to all persons throughout its territory, and

October 22, 1993

 5

within its territory, over all lands, waters, river beds,

submerged lands, properties, air space, minerals, fish, forests,
wildlife, and other resources, and any interest therein now or in
the future.
SECTION 4 - Authority of Tribal Government.

This Constitution is a delegation of specific tribal authority

from the Yurok People to the Tribe's governing bodies and this
Constitution hereby reserves to the people all authority not
delegated to the Tribe's governing bodies. Members of the
governing bodies shall have no authority to act inconsistant with
the objectives enumerated in the Preamble to this Constitution.

SECTION 5 - Tribal Offices

It shall be the goal of the Tribe to establish its primary tribal

offices within our Ancestral Lands.

ARTICLE II - MEMBERSHIP

SECTION 1 - Base Membership Roll

Those persons on the Settlement Roll who made or were deemed to

have made an election pursuant to the Yurok Tribal Membership
Option shall constitute the base membership roll of the.Yurok
Tribe.
SECTION 2 - Yurok Tribal Membership Roll

After approval of the Yurok Tribal Constitution, a revised Yurok

Tribal Membership Roll shall be prepared and periodically
updated, that shall include all those persons on the Base
Membership Roll and persons who apply for membership and meet the
following criteria:
a) Has a biological parent who is an enrolled member of the
Yurok Tribe, and

b) Possesses at least one-eighth (1/8) degree of Indian Blood.

Indian Blood is defined as all U.S. Native American Indian or
Alaskan Natives.

SECTION 3 - Tribal Membership Based Upon Extraordinary

Circumstances
In extraordinary circumstances, a person may be determined to be
eligible for membership in the Yurok Tribe. For purposes of this
subsection, "extraordinary circumstances" shall be defined to
include:

a) Applicant must possess at least one-eighth (1/8) degree of

Indian Blood (as defined in Article II, Section 2), and be

October 22, 1993

b) A full or half sibling of an allottee of land on the Yurok
Reservation with the same qualifying ancestry, and lineal
descendants of such persons, or
c) Any adopted person whose biological parents would have
qualified, or would have qualified if alive for the Yurok
Membership Roll, or
d) Allottees of the Yurok Reservation, and lineal descendants of
such persons, when that applicant and lineal ancestors have
not been enrolled members of another Tribe.
SECTION 4 - Limitations on Membership

a) No person who exercised the lump sum buy-out option under 25

USC Section 1300i-5(d) shall qualify for membership in the
Yurok Tribe.
b) The Yurok Tribe does not allow "Dual Enrollment". No person
who is a member of any other Federally Recognized Indian
Tribe, shall qualify for membership or remain in the Yurok
Tribe, unless he or she has relinquished in writing his or
her membership in such other Tribe.

c) No person who is a lineal descendant of a present or former

member of another Tribe and who is without a parent'ehrolled
with the Yurok Tribe shall qualify for membership in the
Yurok Tribe.

ARTICLE III - Election of Yurok Tribal Council

SECTION 1 - Election

The Yurok Tribal Council shall consist of: nine (9) members: a
Tribal Chairperson, a Vice-Chairperson and seven (7) Council
Members. The Chairperson and the Vice-Chairperson shall be
elected at-large by the eligible voters of the Tribe. The other
seven (7) Council Members shall be elected by Districts, with the
eligible voters in each of the seven (7) Districts electing one
Council member to represent the District.

SECTION 2 - Council Districts

There shall be seven (7) Districts, described as follows:

WEITCHPEC DISTRICT - This includes all Ancestral Lands located

upriver of Coon Creek on the Klamath River. Included within the
District are the ancestral villages of Otsepor, Lo'olego,
Weitspus, Pekwututl, Ertlerger, Wahsekw, Kenek, Tsetskwi, and
Kenekpul.

October 22, 1993

PECWAN DISTRICT - This includes all Ancestral Lands downriver,
including Coon Creek, on the Klamath River from the Weitchpec
District to and including Blue Creek on the north side of the
river and Ah Pah Creek and its drainage area on the south side of
the river. Included within the District are the ancestral
villages of Merip, Wa'asel, Kepel, Murekw, Himetl, Nohtsku'm,
Keihkem, Meta, Sregon, Yohter, Pekwan, Ko'otep, Wohtek, Wohkero,
Serper, Ayotl, Nagetl, and Erner.
REQUA DISTRICT - This includes all Ancestral Lands located
downriver on the Klamath River from the Pecwan District and north
of the center line of the Klamath River. Included within the
District are the ancestral villages Tlemekwetl, Stawen, Sa'aitl,
Ho'pau, Omenok, Amenok, Tmeri, Rekwoi, and Omen.

ORICK DISTRICT - This includes all Ancestral Lands located

downriver on the Klamath River from the Pecwan District and south
of the center line of the Klamath River. Included within the
District are the ancestral villages of Turip, Wohkel, Otwego,
Wetlkwau. Osegen, Espau, Sikwets, Orek, Tsahpekw, Hergwer,
Tsotskwi, Pa'ar, Oslokw, Keihkem, Ma'ats, Opyuweg, Tsurau, Sumeg
and Metskwo.
NORTH DISTRICT - This includes all land north of the Ancestral
Lands, east of the Pacific Ocean, west of a north-south line
passing through Chimney Rock and within 60 miles of the Ancestral
Lands.
EAST DISTRICT - This includes all land east of the Ancestral
Lands, east of a north-south line passing through Chimney Rock,
east of the generally north-south mountain ridge passing through
Schoolhouse Peak, and within 60 miles of the Ancestral Lands.

SOUTH DISTRICT - This includes all land south of the Ancestral

Lands, east of the Pacific Ocean, west of the generally north-
south mountain ridge passing through Schoolhouse Peak, and within
60 miles of the Ancestral Lands.

SECTION 3 - Terms of Office

A) The terms of office for the Chairperson, Vice Chairperson,

and the Council Members shall be three (3) years, except that
in the first election, the terms of office for Council
Members shall be staggered and determined as follows:
1) The candidate receiving the highest percentage of votes
in his/her District shall be elected for a three (3)
year term;
2) The candidates receiving the second, third and fourth
highest percentages of the votes in their respective
districts shall be elected for two (2) year terms;

October 22, 1993

 3) The remaining three (3) candidates shall be elected for
one (1) year terms;
4) In the event of a tie among or between the candidates
who, by reason of the percentage of votes received in
the candidates, respective districts, would be entitled
to serve an initial term of more than one (1) year, any
such tie shall be broken by the tied candidates, drawing
of lots to determine which candidate(s) shall be
entitled to serve an inititial term of more than one (1)
year.

B) Each Tribal Officer and Council Member shall be inaugurated

as the first order of business at the first regular Council
meeting following his/her election, and his/her term shall
commence upon inauguration.

SECTION 4 - Voter Registration

Each member of the Yurok Tribe, who has attained the age of
eighteen (18) upon the date of election shall be eligible to
vote, provided that person has registered to vote. Each eligible
voter shall choose to register in one (1) of seven Districts;
provided the eligible voter is a resident of a District, he/she
must register within that District or if the eligible voter is
not a resident within a District, he/she shall choose to register
in the North, South or East District. An eligible votermust
register when they move into or out of a District, pursuant to
Section 4 of this Article, within ninety (90) days before the
next regularly scheduled Council election.

SECTION 5 - General Qualifications for Office.

a) No person who is a candidate for or elected to any Tribal
office, or is to be or has been appointed by the Yurok
Council to any position of trust shall, at the time of
candidacy, election or appointment have been convicted of
any violent felony or crime of moral turpitude within ten
(10) years of the date of election or appointment, and every
candidate for election or appointment to any Tribal office or
position who ever has been convicted of any felony or crime
of moral turpitude shall, upon announcement of his/her
candidacy or application for appointment, fully disclose to
the Yurok Council the fact and date of each such conviction,
the court in which the conviction was entered, the offense
for which convicted, the sentence imposed and the place and
manner in which the sentence was served or otherwise
discharged.
b) Any person who, upon or subsequent to announcing his/her
candidacy for election to any Tribal office or applying for
any appointed position of trust, is formally charged with,
but not yet convicted of, any crime of violence or moral
turpitude, shall disclose to the Tribal Council and/or the

October 22, 1993

 Election Committee the fact of such prosecution upon becoming
aware of the pendency thereof.
c) Any person required to make disclosure of a criminal
conviction or prosecution hereunder who fails to do so
within thirty (30) days may be barred or removed from the
office or appointed position for which the person was a
candidate when the required disclosure was not made.
d) Any elected Tribal officer or appointed Tribal official who
is formally charged with a violent felony or crime of moral
turpitude while in office shall be immediately suspended from
office, effective with the date of initiation of such
prosecution. If said officer or official is acquitted or the
prosecution is terminated without a conviction, and provided
that upon such termination of prosecution the term of office
to which the officer or official was elected or appointed has
not yet expired, the officer or official shall be reinstated
to serve the remainder of his/her term of office or
appointment.
SECTION 6 - Qualifications for Tribal Chairperson and Vice-
Chairperson
The Tribal Chairperson and Vice-Chairperson must be Tribal
Members of at least thirty (30) years of age upon election, and
must actually reside and maintain their principle residence
within 60 miles of the Tribal territory for at least one (1) year
prior to election and remain in residence throughout the term of
office.
SECTION 7 - Qualifications for Council Member Representing A
District

A Council Member must be a Tribal Member of at least twenty-five

(25) years of age upon election, must be registered with and
actually reside and maintain their principle residence within the
District when elected, and must remain an actual resident of the
District throughout the term of office.
SECTION 8 - Primary Election

A primary election shall be conducted in October of each year,

for each office that the term is to expire. Voting shall be by
secret ballot. Absentee ballots shall be available upon written
request by eligible voters and mailed in a timely manner to such
voters. Those running for office who receive more than 50
percent of the ballots cast for the office shall be elected.

SECTION 9 - Run-Off Election

When positions remain unfilled after the primary election, then a

run-off election shall be conducted in November following the
primary election. Voting shall be by secret ballot. Absentee

October 22, 1993

ballots shall be available upon written request by eligible
voters and mailed in a timely manner to such voters. The run-off
shall be between the two candidates receiving the most votes in
the primary election. The candidate receiving the most votes in
the run-off election for each position shall be elected.
SECTION 10 - Filling of Vacant Positions

If, subsequent to his/her election, the Tribal Chairperson, Vice-

Chairperson, or any member of the Tribal Council resigns, dies,
or becomes permanently or indefinitely incapacitated, as
determined by the Yurok Tribal Council, the Yurok Tribal Council
shall declare the office vacant. If the vacancy occurs during
the first year of the term to which the elected official was
elected, the Yurok Tribal Council shall fill the vacancy for the
unexpired portion of said term by appointing the person who
received the next highest number of votes in said election,
providing the candidate received at least thirty (30) percent of
the total votes cast. If the elected official to be replaced was
unopposed in said election, or if the candidate receiving the
next highest number of votes did not receive at least thirty (30)
percent of the total votes cast for that office, or if the
vacancy occurs more than one (1) year prior to the expiration of
the term, the vacancy shall be filled by a special election
called and conducted pursuant to Section 10 of this Article.

ARTICLE IV - DUTIES AND POWERS OF THE YUROK COUNCIL

SECTION 1 - Tribal Chairperson

The Chairperson shall be the chief executive officer of the

Tribe, and in that capacity shall have the following authority
and duties:
a) To preside over all meetings of the Yurok Tribal Council and
the Tribal Voting Membership, and to vote only in case of a
tie;

b) To call special meetings of the Yurok Tribal Council or the

Tribal Voting Membership as necessary with the request of
Council members or Tribal members as provided in
this Constitution;

c) To faithfully implement and enforce the legislative

enactments and policies of the Yurok Tribe;
d) To execute such contracts, agreements, and other documents on
behalf of the Yurok Tribe as have been duly authorized by the
Yurok Tribal Council in the exercise of authority delegated
by this Constitution, or by the Tribal Voting Membership;
e) To act as the principal spokesperson and representative for
the Yurok Tribe in its dealings with all other governmental

October 22, 1993

 and non-governmental entities, or to delegate such duties to
other Tribal officers or officials as may be authorized by
the Yurok Tribal Council;
f) To appoint persons to serve in unelected positions within the
executive or judicial branches of the Tribal government and
to advisory committees that have been created by the Yurok
Tribal Council, with the advice and consent of the Yurok
Tribal Council, and otherwise to implement such personnel
policies and procedures as may be established by the Yurok
Tribal Council. Efforts will be made to balance
representation of the Advisory Committees between on and off
Reservation.
g) To take such actions, including removal and/or barring of
persons from Tribal lands, as may be necessary to safeguard
the health and/or safety of the Yurok Tribe or its natural
resources from imminent danger pending action by the Yurok
Tribal Council, provided, however, that the Chairperson first
shall have attempted to convene a special meeting of the
Yurok Tribal Council on the issue. If such emergency action
was not preceded by a meeting of the Yurok Tribal Council
authorizing such action, the Tribal Chairperson shall, within
forty-eight (48) hours after taking such action, convene a
special meeting of the Yurok Tribal Council at which the only
item of business shall be responding to the emergency. If
the Yurok Tribal Council declines to ratify the Chairperson's
emergency action, or if no meeting is held within the time
allowed therefore, said action shall cease to have any force
or effect upon the earlier of the Yurok Tribal Council's vote
not to ratify such action or the expiration of forty-eight
(48) hours after the action.
h) To prepare and present to the Yurok Tribal Council for
approval, no later than one hundred and twenty (120) days
prior to the beginning of each fiscal year, a proposed annual
Tribal financial plan that sets forth in detail the then
current assets of the Yurok Tribe, the sources and amounts of
all anticipated Tribal revenues for the year, and a Tribal
budget for said year.
SECTION 2 - Vice-Chairperson

The Vice-Chairperson shall have the following authority and

duties:
a) To preside over meetings of the Yurok Tribal Council or
Tribal Voting Membership in the absence of the Chairperson;
b) To act in place of the Chairperson as the spokesperson or
representative of the Yurok Tribe upon written delegation by
the Chairperson or the Yurok Tribal Council;

October 22, 1993

c) To assume the office and duties of the Chairperson upon the
Chairperson's death, resignation, or removal, or a
determination by a two-thirds (2/3) majority vote of a quorum
of the 'furok Tribal Council that the Chairperson has become
permanently or indefinitely incapacitated to an extent that
prevents the Chairperson from fulfilling the obligations of
the office.
SECTION 3 - Other Tribal Officers

The Tribal Secretary shall be elected by the Yurok Tribal Council

from among its duly-elected members at the first regular Tribal
Council meeting following each annual election, and shall have
the following duties and authorities:
a) To faithfully prepare and maintain the official records of
the proceedings of all meetings of the Tribal Voting
Membership and the Yurok Tribal Council;
b) To certify and maintain custody of all resolutions,
legislative enactments, and other official actions of the
Yurok Tribal Council and the Tribal Voting Membership;
c) To send and receive and maintain custody of all official
correspondence and documents of the Yurok Tribe;
d) To act as the custodian and keeper of the seal of the Yurok
Tribe.
SECTION 4 - Miscellaneous Other Officers
At its first regular meeting following each annual election, and
from time to time thereafter as it may deem appropriate, the
Yurok Tribal Council may elect from its members such other
officers as it may deem necessary to effectively fulfill its
obligations and exercise its authority.

SECTION 5 - Yurok Tribal Council

a) Except as otherwise reserved to the Tribal Voting Membership

by this Constitution, the legislative power of the Yurok
Tribe hereby is delegated by the Tribal Voting Membership to
the Yurok Tribal Council, and in the exercise thereof the
Yurok Tribal Council shall have the authority to enact
legislation, rules and regulations not inconsistant with this
Constitution to further the objectives of the Yurok Tribe as
reflected in the Preamble to this Constitution; administer
and regulate affairs, persons and transactions within Tribal
Territory; enact civil and criminal laws; promulgate policies
regarding elected Tribal officials' and Tribal employees'
use, possession or sale of illegal drugs, and the unlawful
use or abuse of legal drugs and controlled substances; manage
Tribal lands and assets and appropriate and authorize the
expenditure of funds owned by or available to the Yurok
Tribe; charter and regulate corporations and entities of all

October 22, 1993

 kinds; provide for the exclusion of persons and/or entities
from Tribal affairs and/or Tribal Territory under appropriate
circumstances; and obtain and generate revenue for Tribal
purposes through taxation and fees upon income, property,
transactions and sales within Tribal Territory; provided
however, that laws that affect the fundamental rights of
Tribal members, such as taxation of Tribal members, and the
Waiver of Claims issue shall not be effective until approved
in a referendum among the Tribal Voting Membership pursuant
to Article XI of this Constitution.
b) The Yurok Tribal Council shall fix and prescribe salaries and
allowances for all appointed officials and the employees of
the Yurok Tribe.

c) The Yurok Tribal Council shall prescribe salaries and

allowances, if any, for all elected officials of the Tribe.
No setting or adjustment of salaries and allowances shall be
done without at least thirty (30) days notice that it will be
on the Tribal Council agenda. No increase in compensation
shall be effective until one (1) year from the date of
approval has passed.
d) The Yurok Tribal Council shall by ordinance provide a system
for assuring the reasonable and appropriate access by tribal
members to tribal records and meetings.
e) The Yurok Tribal Council shall by ordinance within 90 days of
the election of the first Yurok Tribal Council under this
Constitution, prescribe enrollment procedures and establish
an Enrollment Committee whose members shall be appointed by
the Chairperson with the advice and consent of the Yurok
Tribal Council.

f) The Yurok Tribal Council shall by ordinance prescribe

election procedures for Tribal elections. The Yurok Tribal
Council shall by ordinance establish an Election Board whose
members shall be appointed by the Chairperson with the advice
and consent of the Yurok Tribal Council.
g) The Yurok Tribal Council shall act upon all appointments
requiring its confirmation within thirty (30) days.
h) The Yurok Tribal Council shall have the authority to act on
behalf of the Tribe to acquire, lease, assign, and manage all
tribal property, but shall not sell any tribal land, nor
lease tribal land for a period of 20 years or more, unless
approved by a referendum submitted to the voting membership
pursuant to Article XI.
i) The Yurok Tribal Council shall by ordinances prescribe a Drug
Testing policy for Council Members, a Conflict of Interest
policy, and a Mandated Meeting policy for operation of
Council business. These ordinances shall be adopted within

October 22, 1993

 one (1) year of installation of the Tribal officials elected
in the initial Tribal election.
j) No legislation, ordinance, or other major action shall be
enacted unless approved by at least five (5) members of the
Yurok Tribal Council, including a vote by the Tribal
Chairperson if needed.
k) The Yurok Tribal Council district representatives shall
conduct quarterly meetings within their respective districts.

ARTICLE V - YUROK TRIBAL COUNCIL MEETINGS

SECTION 1 - Frequency

The Yurok Tribal Council shall meet at least once a month. Each
meeting will begin and end with a traditional prayer.
SECTION 2 - Quorum

Six (6) members of the Yurok Tribal Council, or 2/3 of the

members if there are vacancies, must be present to constitute a
quorum. The Chairperson shall be counted for purposes of
constituting a quorum.
SECTION 3 - Special Meetings

The Tribal Chairperson and three (3) Yurok Tribal Council

members, may call a special meeting of the Yurok Tribal Council
at any time they deem necessary by notifying each Council Member
in any expedient way at least twenty four (24) hours in advance
of the meeting. Inability to notify all members after reasonable
efforts shall not prevent such special meeting from occurring
provided a quorum is present.

SECTION 4 - Public Meetings

All regular and special meetings of the Yurok Tribal Council

shall be open to the members of the Yurok Tribe. The Yurok
Tribal Council shall provide an opportunity for public comment by
Tribal members at each Yurok Tribal Council meeting. The Yurok
Tribal Council may meet in executive session upon determination
by the Chairperson or an affirmative vote of a majority of the
Council Members present that protection of the Yurok Tribe's
legal rights, commercial interests and/or privileges against
compelled disclosure or the privacy of specific persons requires
that specific matters be discussed or voted upon in confidence.
All votes, including votes on matters discussed in executive
session and the subject of which must remain confidential, shall
be by roll call in open session, and all votes shall be a matter
of public record.

October 22, 1993

SECTION 5 - Roll Call Voting

Roll call votes showing how each member of the Yurok Tribal
Council voted on all motions shall be recorded in the minutes of
the Council. Motions that die of a lack of a second will also be
recorded.
SECTION 6 - Consensus

In accordance with Tribal tradition, the Yurok Tribal Council

shall attempt to conduct business by consensus whenever
posssible.

ARTICLE VI - ANNUAL MEMBERSHIP MEETING

SECTION 1 - Annual Membership Meeting

An annual meeting of the Tribal membership shall be

held on a Saturday in July or August designated by the Yurok
Tribal Council, unless the Yurok Tribal Council directs the
Chairperson to give notice of a different date at least sixty
(60) days in advance of the alternative meeting date. In
addition, the Tribal Chairperson with the consent of the Yurok
Tribal Council may call special meetings of the membership with
ten (10) days notice when there is a matter of great urgency that
requires a meeting of the membership.
SECTION 2 - Powers

The Yurok Tribal Council shall preside over the Annual Membership
Meeting and all special meetings. There shall be no binding
tribal laws adopted by the membership at the annual meeting, but
the membership, if 20% of the eligible voters are present, may,
by majority vote, adopt resolutions setting out goals expressing
the sense of the tribal membership. In addition, if 20% of the
eligible voters are present, the members may by majority vote
propose initiatives that shall be voted upon by the Tribal Voting
Membership under the voting provisions of Article XI.

ARTICLE VII - TRIBAL JUSTICE SYSTEM

The judicial power of the Yurok Tribe shall be vested in such

Tribal court(s) as may from time to time be established by
ordinance(s) enacted for that purpose. Said ordinance(s) shall
ensure the impartiality and independence of the judiciary by
specifying causes and procedures for removal and prescribing
reductions in rates of compensation greater than those that may
be applied to the Yurok Tribal Council and/or the Tribal
Chairperson; define the jurisdiction of each court created
thereunder; specify the manner of selection, term of office and
qualifications of judges; and provide for the adoption of the
procedures under which each such court shall function. In

October 22, 1993

special circumstances as defined by appropriate ordinance, the
Yurok Tribal Council shall sit as a Tribal trial or appellate
court. The Tribal judicial system, whenever possible, shall give
full recognition and weight to Tribal customs, including
traditional-methods of mediation and dispute resolution.

ARTICLE VIII - OATH OF OFFICE

All elected and appointed officials shall take the following

oath:
"I, , do solemnly swear (or affirm) that
I will uphold and defend the Constitution, sovereignty and
traditions of the Yurok Tribe, and I will perform the duties of
my office with honesty and fidelity.
I further swear ( or affirm) that I will devote my best efforts
to help the Yurok Tribe achieve its objectives as stated in the
Preamble of its Constitution."

ARTICLE IX - BILL OF RIGHTS

In the exercise of its powers of self-government, consistent with

its culture and tradition, the Tribe shall not deprive any person
within its jurisdiction of the rights reflected in the Indian
Civil Rights Act, 25 USC SECTION 1301 et seq.

In addition, the Tribe shall not take any action that would
abridge any tribal religious or traditional practices.

ARTICLE X - RECALL OF OFFICIALS

SECTION 1 - Grounds for Recall

Any elected official of the Yurok Tribe shall be subject to

recall for willful neglect of duty, corruption in office,
habitual drunkenness or use of illegal drugs, incompetency,
incapability of performing his/her duties or committing any
offense involving moral turpitude, or conduct seriously
detrimental to the sovereignty or traditions of the Yurok Tribe
while in office.

SECTION 2 - Recall Election

Upon written petition of at least thirty (30) percent of the

eligible voters of the Yurok Tribe, presented to and verified by
the Election Board (or Yurok Tribal Council until an Election
Board is established), a special Tribal Voting Membership
election shall be called to consider the recall of the elected
official named in the petition. In the case of a Yurok Tribal
Council Member serving from a district, the petition requirement
shall be at least thirty (30) percent of the eligible voters from
the district represented by a Yurok Tribal Council member. A

October 22, 1993

special district membership election shall be called by the Yurok
Tribe to consider the recall of the elected official named in the
petition. Voting shall be by secret ballot. Absentee ballots
shall be available upon written request by eligible voters and
mailed in a timely manner to such voters. The election shall be
held within sixty (60) days from the date the petition is
verified; provided, that any petition submitted within four (4)
months of the next annual election shall be placed on the ballot
of the annual election. The position occupied by the official
shall be declared vacant if at least two-thirds (2/3) of those
voting (all Yurok voters in the case of the Tribal Chairperson or
Vice-Chairperson, or all district voters in the case of Tribal
Council Members) support the recall. Vacant positions shall be
filled in accordance with ARTICLE III, Section 10.

SECTION 3 - Limits on Recall

No more than one (1) recall election shall be held in any one
calendar year with respect to any specific tribal official.

ARTICLE XI - INITIATIVE AND REFERENDUM

SECTION 1 - Initiative

The Tribal Voting Membership shall have the right to propose any
legislative measure by a petition signed by at least twenty (20)
percent of the eligible voters. Each such petition shall be
filed with the Election Board (or Yurok Tribal Council until an
Election Board is established) at least sixty (60) days prior to
the next annual election at which time it shall be placed on the
ballot. Voting shall be by secret ballot. Absentee ballots
shall be available upon written request by eligible voters and
mailed in a timely manner to such voters. If approved by a
majority of those participating in the election, the petition
shall be in full force and effect immediately.
SECTION 2 - Referendum

The Yurok Tribal Council by approval of at least five (5) members

may refer any legislative measure to the Tribal Voting Membership
by directing at least thirty (30) days in advance that said
measure be placed on the ballot at the next annual election or by
calling for a special election. Voting shall be by secret
ballot. Absentee ballots shall be available upon written request
by eligible voters and mailed in a timely manner to such voters.
If approved by a majority of those participating in the election,
the referendum shall be in full force and effect immediately
ARTICLE XII - AMENDMENT

SECTION I - Amendments Proposed

Amendments to this Constitution may be proposed by the Yurok

October 22, 1993

Tribal Council and shall require at least five (5) affirmative
votes, or by a petition containing the entire text of the
amendment and signed by not less than twenty (20) percent of the
Tribal Voting Membership.
SECTION 2 - Adoption

Adoption by not less than two-thirds (2/3) of those voting shall

be required to amend this Constitution. Amendments shall be
effective upon certification of the election results by the
Election Board (or Yurok Tribal Council until an Election Board
is established).

ARTICLE XIII - SEVERABILITY CLAUSE

In the event that any Article, section or provision of this

Constitution is held invalid, it is the intent of the Yurok Tribe
that the remaining Articles, sections and provisions of this
constitution shall continue in full force and effect.
ARTICLE XIV - EFFECTIVE DATE AND INITIAL ELECTION
This Constitution shall become effective when approved by an
election of the Tribal Voting Membership of the Tribe, conducted
by the Secretary of the Interior and/or the Yurok Interim
Council. The initial election for Tribal Chairperson, Vice-
Chairperson, and Yurok Tribal Council Members shall occur within
one-hundred and twenty days (120) of the ratification of this
Constitution. A run-off election, if necessary, shall occur
within thirty (30) days of the initial election. The
Chairperson, Vice-Chairperson, and the Yurok Tribal Council
Members shall take office upon certification of the election by
the Election Board.

The Yurok Interim Council shall provide for an independent

Election Board for the primary and run-off election, shall notify
Tribal Members of the date to file for candidacy and dates of
initial and run-off elections, and shall conduct the election in
accordance with ARTICLE III, SECTIONS 1-10, of this Constitution,
and shall remain in office until the installation of the tribal
officials elected in this tribal election.

(Date of Constitution election and results of election shall be

stated)

The results are hereby certified by members of the Interim

Council:
(Names)

October 22, 1993

 YUROK TRIBE.

INTERIM COUNCIL
P.O. Box 218 • Klamath, CA 95548 517 Third, Suite 18 Eureka, CA 95501
(707) 482-2921 (707) 444-0
FAX (707) 482-9465 FAX (707 047
AREA D0RETOR V
DEPUTY OIRECTO7
November 24, 1993 A T.AD.A
ROUTE
RESPON SE PE:
DUE DATE
Mr. Ronald Jaeger, Area Director ,MEM4O - LT
Bureau of Indian Affairs j ~oT.~ R " q3
Sacramento Area Office
2800 Cottage Way
Sacramento, CA 95825

Subject: Transmittal of Tribal Resolution 93-62 re. Certification of Constitution

Ratification Election.

Dr. Mr. Jaeger,

This will transmit Yurok Interim Council Resolution #93-62 which accepts
and approves the Constitution election certification conducted by the Accounting
Firm of Anderson, Somerville, Borges and Kerrigan, and certifies the adoption of
the Yurok Constitution.

Also, attached is a copy of the letter from Anderson, Somerville, Borges

and Kerrigan certifying the election proceedings and result. Please contact me if
you have any questions.

e You s!"

"7>
IT ie L. Lo ?C
Interim Tribal Council

cc: Ada Deer, Assistant Sect. Indian Affairs

Dr. Virgil Akins, Superintendent BIA/NCA

zg/SL
attachments

Dorothy Haberman A Richard Haberman A Susie L. Long

Sue Masten A Maria Tripp

 IIJROK TRIBE (

INTERIM COUNCIL'
P.O. Box 218 •Kiamath, CA 95548 517 Third, Suite 18'e Eureka, CA 95501
(707) 482-2921 (707) 444-0433
FAX (707) 482-9465 FAX (707) 444-0437

RESOLUTION
OF THE
YUROK TRIBE INTERIM COUNCIL

Resolution No.: 93-62

Date Approved: November 24, 1993

Subject: Certification of Constitution Ratification Election

WHEREAS: The Yurok Interim Tribal Council is the governing body of the
Yurok Tribe as authorized by the Hoopa-Yurok Settlement Act (Public Law
100-580) as amended, and

WHEREAS: A draft of a Constitution for the Yurok Tribe, dated October 22,
1993 has been presented to the membership for ratification on October 23,
1993, and

WHEREAS: The Certified Public Accounting Firm of Anderson, Somerville,

Borges and Kerrigan was retained to conduct said ratification election and
certify the result, and.

WHEREAS: The aforementioned election has been conducted with ballots to be

postmarked not later than November 10, 1993; and a majority of Yurok
tribal members have approved the Constitution of the Yurok Tribe by a
vote of seven hundred and twenty two (722) in favor of adoption and
five hundred and forty five (545) against adoption, and

WHEREAS: Said election result represents 57% of the voting majority in support
of adoption of the Constitution for the Yurok Tribe dated October 22, 1993,
now

Dorothy Haberman A Richard Haberman AL Susie L. Long

Sue Masten A. Maria Tripp
THEREFORE BE IT RESOLVED:

The results of the Constitution Ratification election have been certified by the
Certified Public Accounting Firm of Anderson, Somerville, Borges and Kerrigan
and that said certification is hereby accepted and approved by the Yurok Interim
Tribal Council, and

BE IT FURTHER RESOLVED:

That the Yurok Interim Tribal Council, on behalf of the-Yurok Tribe, hereby
certifies that the Constitution for the Yurok Tribe dated October 22, 1993 is
adopted and is now in effect.

CERTIFICATION

This is to certify that this Resolution was approved at a duly called Special
Meeting of the Yurok Tribe Interim Council on November 24, 1993, at which a
quorum was present and that this Resolution (#93-62) was adopted by a vote of 3
FOR and 0 AGAINST, with no abstentions. This Resolution has not been
rescinded or amended in any way.

LonediCfair.
/ S'usieIL. :

Yurok Interim Tribal Council

ATTEST:
Maria Tripp, Council 4e)hber
Yurok Interim Tribal Council