Article II - Land

1. Section 1. Recognition. We, the Prairie Band Potawatomi Nation, do not accept a diminishing of our sovereign status as a Nation and of our vested or inherent rights by the act of adopting this constitution.
   
   
2. Section 2. The Tribal Council shall establish a standing Committee vested with the responsibility of protecting and preserving our land rights in accordance with the land policies of the Nation which are hereby declared to be:
   
   
   1. The Potawatomi Indian Reservees, under a treaty, have a right paramount and superior to any grant of land to states or others. Until our collective or individual title shall be fully extinguished in compliance with treaty law, the grants or assignments of our land to others by executive or legislative action, in whatever form, cannot operate. We, the Potawatomi, maintain our inherent and sovereign right to negotiate with the United States for just compensation for unlawful removal of our lands or property from the jurisdiction of the Potawatomi Nation without just compensation. We maintain our right to sue for lands of individual reservees under treaty law.
      
      
   2. We thereby claim, by treaty law, all Potawatomi lands granted to religious orders or educational institutions, which parties failed, as agreed, to adequately educate Potawatomi members in exchange for the rights to occupy and possess such lands.
      
      
3. Section 3. It shall be the duty of the Tribal Council to protect and preserve the individual members' rights and ownership of trust lands, including the right of inheritance under applicable law. Further, the Tribal Council shall have the duty to protect and preserve all tribal lands and to prevent the loss of such lands from tribal ownership.

1. Section 1. The membership of the Prairie Band Potawatomi Nation shall consist of the following persons:
   
   
   1. All persons born prior to February 19, 1976 (date of approval of this constitution) who qualified for membership under the previous membership requirements of the Prairie Band Potawatomi Nation.
      
      
   2. All persons of Prairie Band Potawatomi Indian blood born on or after February 19, 1976 (date of approval of this constitution) who possess at least one-fourth (1/4) degree Indian blood, who are descendants by blood of Prairie Band Potawatomi allottees of Prairie Band Potawatomi Indian blood and whose membership application has been received by the Nation's enrollment office on or before May 13, 2000, the date of adoption of this amendment.
      
      
   3. All persons whose membership applications are received by the Nation's enrollment office after the adoption of this amendment who possess at least one-fourth (1/4) degree Prairie Band Potawatomi Indian blood.
      
      
   4. The blood degrees shown on the Prairie Band Potawatomi 1940 Census Roll shall be used in all cases for computing the degree of Potawatomi Indian blood.
      
      
2. Section 2. Any person who has shared in any land or money by virtue of having been enrolled as a member of another Indian tribe shall not be enrolled as a member of the Prairie Band Potawatomi Indians following the effective date of this amendment.
   
   
3. Section 3. Any person who meets the eligibility criteria in Section 1 but is enrolled as a member of another Indian tribe may be enrolled as a member of the Prairie Band Potawatomi Nation provided that they have not shared in any land or money by virtue of their enrollment with the other tribe and provided further that they execute a relinquishment of membership from all other tribes.
   
   
4. Section 4. The Tribal Council shall have the power to adopt ordinances consistent with this constitution governing future membership, loss of membership, and the adoption of members into the Prairie Band Potawatomi Nation.

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Article IV - Governing Body

1. Section 1. The General Council of the Prairie Band Potawatomi Nation shall consist of all enrolled members of the Nation who are eighteen (18) years of age or older meeting in a general council.
   
   
2. Section 2. The General Council of the Prairie Band Potawatomi Nation shall elect from its eligible voters by secret ballot a seven (7) member governing body, called the Tribal Council, composed of a Chairperson, ViceChairperson, Secretary, Treasurer, and three Council Persons empowered to act on behalf of the Nation as provided in this constitution.
   
   
3. Section 3. Reserved Powers. No provision of this constitution shall be construed as a limitation of the inherent residual sovereign powers of the Prairie Band Potawatomi Nation. Any such powers not delegated to the Tribal Council by this constitution are retained for direct exercise by the General Council of the Nation through referendum as provided for herein, or for exercise by the Tribal Council following amendment of the constitution.
   

Article V - Enumerated Powers Of Tribal Council

1. Section 1. The Prairie Band Potawatomi Nation through its Tribal Council shall exercise the following powers by appropriate code, ordinance, or resolution subject only to those limitations imposed by the constitution or by statutes of the United States:
   
   
   1. To negotiate, consult, and contract with federal, state, local governments, tribal governments, private enterprises, individuals, or other organizations;
      
      
   2. To employ attorneys subject to approval by the Secretary of the Interior or his authorized representative, as long as such approval is required by federal law;
      
      
   3. To prevent any sale, lease, disposition, or encumbrance of tribal land, funds, or assets without the consent of the tribe;
      
      
   4. To advise the Secretary of the Interior with regard to all appropriation estimates of federal projects for the benefit of the Prairie Band Potawatomi Nation prior to the submission of such estimates to the Office of Management and Budget and to Congress;
      
      
   5. To enact ordinances governing future tribal membership, adoptions, and loss of membership;
      
      
   6. To charter, and to issue charters, and to regulate subordinate organizations, and to appoint subordinate committees and representatives;
      
      
   7. To enact laws or ordinances and take other actions to regulate law and order;
      
      
   8. To encourage Indian arts, crafts, and culture;
      
      
   9. To enact laws or ordinances and to take other actions to promote and protect the health, peace, morals, education or welfare of the Nation or its members or to serve any other appropriate governmental or tribal purpose;
      
      
   10. To adopt a tribal election ordinance, and to administer tribal elections;
       
       
   11. To regulate domestic relations;
       
       
   12. To determine and act on administrative matters before the Tribal Council, including the appointment and removal of subordinate tribal officials and employees;
       
       
   13. To adopt ordinances prohibiting trespass on tribal land;
       
       
   14. To allocate funds for tribal land acquisition;
       
       
   15. To give special recognition to all veterans and members of the armed services;
       
       
   16. To regulate the use of all lands and property within the jurisdiction of the Nation, and to adopt and enforce zoning and land use codes and ordinances;
       
       
   17. To administer tribal matters in accordance with accounting, property control and personnel procedures established by the Tribal Council. To make expenditures from available funds for tribal purposes, including salaries or remuneration of tribal officials or employees, such salaries or remuneration to be paid only for services authorized in a regular and legal manner and actually rendered. All expenditures of tribal funds by the Tribal Council shall be made in accordance with a budget approved by a majority vote of the Tribal Council.
       
       
   18. To delegate any of the above powers to subordinate officers, committees, or cooperative associates;
       
       
   19. To levy and collect taxes, including, without limitation, taxes on businesses;
       
       
   20. To protect the natural resources of the Nation, including, without limitation, water, air, timber, gas and oil, and other minerals;
       
       
   21. To regulate hunting, fishing, trapping, and plant gathering;
       
       
   22. To regulate public recreational activities.
       

Article VI - Elections and Nominations

1. Section 1. All enrolled members of the Prairie Band Potawatomi Nation who are 18 years of age or older, or any eligible person 18 years of age or older who has made application for enrollment, shall be entitled to vote in the first tribal election. Thereafter only enrolled members 18 years of age or older shall be entitled to vote in any tribal election.
   
   
2. Section 2. Within 15 days after the approval of this constitution the commissioner of Indian Affairs shall give notice of the Tribal Council election and within sixty (60) days thereafter assist the Nation in the conduct of an election for members of the first Tribal Council under this constitution. The form of the first Tribal Council election shall be by mail only. The Commissioner of Indian Affairs shall make the necessary regulations in conformity with this constitution for the first election. In the event there are five (5) or more candidates for any one office, the Commissioner may make provisions for a run-off election between the two candidates receiving the highest number of votes. Any qualified member of the Nation who desires that his name be placed on the ballot as a candidate for the office of Chairperson, ViceChairperson, Secretary, Treasurer or Council Person shall file a declaration of candidacy with the superintendent of the Horton Agency for the first election under this constitution showing their name and the office for which they desire to become a candidate. Such statement must be filed thirty (30) days prior to the election date.
   
   
3. Section 3. Conduct of all elections after the first election shall be pursuant to the provisions of this constitution and an ordinance enacted by the Tribal Council within nine (9) months from date of adoption of the constitution.
   
   
4. Section 4. In order to be qualified for office and seek election to a seat on the Tribal Council a person must:
   
   
   1. Be an enrolled member of the Prairie Band Potawatomi Nation.
      
      
   2. Candidates for the offices of Chairperson, ViceChairperson, Secretary, and Treasurer must be 25 years of age or older.
      
      
   3. Candidates for the offices of Council Person must be 21 years of age or older.
      
      
   4. No person convicted of a felony within the past five (5) years shall be a candidate for any office.
      
      
5. Section 5. Tenure of Office. Beginning with the first regular election following approval of this amendment the Chairperson, Secretary, and one Council Person shall be elected for a term of four (4) years and the Vice-Chairperson, Treasurer and two Council Persons shall be elected for a term of two (2) years and shall serve until their successors are elected and installed in office. Thereafter, Tribal Council members elected in regular elections shall serve four (4) year terms or until their successors are elected and installed in office.
   

The Term “Tribal Council members,” as used in this constitution, shall mean all officers and Council Persons.

Article VII - Officers of the Tribal Council

1. Section 1. The Chairperson shall preside over all meetings of the Tribal Council and of the General Council, except as otherwise provided in this constitution and bylaws, and shall perform the administrative duties of a Chairperson and exercise only the authority delegated to the Chairperson by the Tribal Council. The Chairperson may be a cosigner on all negotiable instruments executed on behalf of the tribe. The Chairperson shall not vote except in the case of a tie and during regular and special elections of the tribal council members.
   
   
2. Section 2. The ViceChairperson of the Tribal Council shall assist the Chairperson when called upon to do so. In the absence of the Chairperson, the ViceChairperson shall have all the rights, privileges, duties, as well as the responsibilities of the Chairperson.
   
   
3. Section 3. The Secretary shall be responsible for recording all meetings and prompt and efficient handling of all correspondence pertaining to the business of the Tribal Council and General Council. The Secretary, under the direction of the Chairperson, shall notify all committees of their appointments and shall maintain custody of the records and all papers of the Tribal Council and the Nation. The Secretary shall maintain a correct list of all members of the Council, and shall authenticate all accounts or orders of the Council. In the absence of the Chairperson and ViceChairperson, the Secretary shall call the meetings to order until a Chairperson pro-tempore is selected, and shall issue notices of all meetings and conduct all general correspondence, as directed by the General Council and the Tribal Council. At the expiration of the term of office, the records and all papers in the Secretary's possession shall be turned over to the newly-elected Secretary.
   
   
4. Section 4. The Treasurer shall keep an accurate account of receipts and disbursements of all funds belonging to the tribe which may come into his or her hands and make appropriate report to the Tribal Council and to the General Council at the annual meeting. Disbursements of 20% program funds from judgment awards shall be made only according to approved programs and budgets. An annual accounting of the judgment funds expenditures and use shall be submitted to the Horton Agency Superintendent according to the provisions of the Code of Federal Regulations. The accounts and records of the Tribal Council and the General Council shall be available at all times for inspection. An audit by the Bureau of Indian Affairs of the accounts and records may be made upon request by the Tribal Council or upon petition by thirty percent (30%) of the eligible voters. Any tribal funds entrusted to the care of the Treasurer shall be kept in a special account and all disbursements therefrom shall be made by check or other commercially appropriate means. The treasurer shall file a surety bond satisfactory to the Tribal Council. The cost of such bond may be paid from tribal funds. The Treasurer shall be cosigner on all negotiable instruments executed or issued on behalf of the tribe and shall have the authority to disburse funds when so authorized by the Tribal Council. The Tribal Council shall have the authority to appoint a temporary acting-treasurer from within the Tribal Council only in the event the elected treasurer is incapacitated for any reason, in the interim period before a vacancy in the Treasurer's position is filled according to Article X, Section 1, or whenever the Treasurer shall refuse to execute or be unavailable to execute a document approved by the Tribal Council.
   

Articles I -- VII I Articles VIII -- XIV

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