MOUNT EDGECUMBE SERVICE UNIT OPERATING PLAN-COST-OUT OF ADDITIONAL RESOURCE REQUIREMENTS FOR UNMET NEEDS, FISCAL YEAR 1977-Continued

CENTRAL COUNCIL-TLINGIT AND HAIDA INDIANS OF ALASKA

CONSTITUTION OF THE CENTRAL COUNCIL OF THE TLINGIT AND HAIDA INDIANS OF ALASKA

(Adopted April 17, 1973-Amended April 14, 1976)

ARTICLE I-FUNCTIONS

The functions of the Central Council of the Tlingit and Haida Indans of Alaska shall be to serve as the general governing body of the Tlingit and Haida Indians of Alaska, to promote their welfare, and to exercise the powers granted by the Act of June 19, 1935 (49 Stat. 388), as amended by the Act of August 19, 1965 (79 Stat. 543), and such other powers as it may lawfully exercise or be granted.

ARTICLE II-COMPOSITION

The Central Council shall be composed of delegates from designated local communities of the Tlingit and Haida Indians of Alaska who shall be chosen in accordance with Rules of Election adopted and approved as provided in section 7 of the Act of June 19, 1935, as amended.

ARTICLE III-ELECTIONS

Section 1.-General elections for selection of delegates to the Central Council shall be held every even numbered year on the first Tuesday in March, unless for compelling reasons the Central Council by resolution shall designate a different day for a particular general election.

Section 2.-Unless a Community entitled to elect delegates to the Central Council shall prescribe a different method approved by the Central Council. (a) The Central Council shall appoint the members of the Local Election Committee and the local Registrar for each Community from the names appearing on the current list of eligible voters of the Community; and

(b) A vacancy occurring during a term in the position of delegate to the Central Council shall be filled by holding a special election in that Community where a vacancy occurs. The election shall be conducted in accordance with Rules of Election adopted and approved as provided in Section 7 of the Act of June 19, 1935, as amended, except that, prior to such election, the voting roll of the Community need not be opened to receive applications for registration.

ARTICLE IV-MEETINGS

Section 1.-The Central Council shall meet annually at a time and place set by the Central Council, provided, that if the Central Council does not fix a time and place for such meeting then it shall be held at the call of the President; be it further provided that the Central Council, unless for some compelling reason, meet annually on the first Thursday in April at a place designated by the Central Council, or the President, if not so designated, at Juneau.

Section 2.-Special meetings may be called by the President, or by one-fourth of the delegates provided that the call is sanctioned by the majority of delegates from their local communities. Be it further provided, that the call is in fact a bonafied action complying with the request of the chapter, or chapters, petitioning for the special convention. Resolution of the problematic area, presented by the call, will be the initial order of business with the conduct of other business, as time permits, at the conclusion of the special order of business.

Section 3.-At all meetings of the Central Council a quorum shall consist of a majority of the delegates, no business shall be transacted unless a quorum is present. All meetings shall be conducted in conformance with the Constitution and By-Laws of the Tlingit and Haida Indians of Alaska and Robert's Rules of Order.

ARTICLE V-POWERS OF THE CENTRAL COUNCIL

Section 1.-Subject to applicable laws and regulations of the United States, the Central Council shall have full powers to govern, conduct and manage the affairs and property of the Tlingit and Haida Indians of Alaska, including, without limitation, the following:

(a) To acquire and dispose of property, real and personal, by any and all means, for such consideration and upon such terms as it shall decide;

(b) To negotiate and enter into contracts with persons and entities of every kind and description, public and private;

(c) To borrow and raise money by all lawful means, and to pledge the credit of the Tlingit and Haida Indians of Alaska;

(d) To employ lawyers and other persons to render professional, technical, and other services of every kind and description;

(e) To authorize the advance, expenditure, use, investment and reinvestment of funds on deposit in the Treasury of the United States to the credit of the Tlingit and Haida Indians of Alaska in such manner and for such purposes as may be authorized by Congress;

(f) To consult with and advise any and all persons, officers, and entities, public and private, concerning subjects and matters affecting the interests of the Tlingit and Haida Indians of Alaska;

(g) to designate communities why may elect delegates to the Central Council, to prescribe the qualifications for delegates, as defined in the Rules of Election, and to determine its membership.

Section 2.-The Central Council shall possess such powers as are incident or necessary to the execution of the powers set forth above, and such further powers as it may from time to time be granted.

Section 3.-The Central Council shall promulgate By-Laws for the purpose of governing, regulating and guiding the conduct of business.

Section 4.-The Central Council may charter or otherwise authorize and provide for the organization of subordinate groups or entities to perform governmental or proprietary functions of the Tlingit and Haida Indians of Alaska, and to delegate to such subordinate groups or entities such powers as shall enable the charter group or entities to function guided by the same limitations as the Central Council.

ARTICLE VI-OFFICERS AND EXECUTIVE COMMITTEE

Section 1.-At its first regular meeting after each general election of delegates, the Central Council shall elect from its members the following officers: President, First Vice President, Second Vice President, Third Vice President, Fourth Vice President, Fifth Vice President, and Sixth Vice President, which officers shall serve until their successors are elected and qualified.

Section 2.-Upon the death, resignation or removal of an officer, the Central Council shall elect one of its members to serve the remainder of the term.

Section 3.-An executive officer who is charged in writing subscribed by not less than one-fourth of the delegates to the Central Council with neglect of duty or gross misconduct may be removed from office by vote of a majority of the delegates; provided, that before a vote on his removal may be taken, the executive officer concerned must have been supplied with the written statement of the charges against him at least ten days before the day of the meeting of the Central Council at which the vote is taken and given a fair opportunity to be heard in answer to such charges. Other officers shall serve at the pleasure of the Central Council, and actions of the Central Council concerning the removal of officers shall be final.

Section 4.-Offficers of and delegates to the Central Council shall receive such compensation and allowances, if any, as shall be prescribed by the Central Council, subject to the availability of funds.

ARTICLE VII-FUNCTIONS OF OFFICERS

Section 1.-The President of the Central Council shall be its chief executive officer and the chief executive officer of the general government of the Tlingit and Haida Indians of Alaska. He shall preside over all meetings of the Central Council and, subject to its direction, he shall conduct and manage the business of the general government, execute documents and otherwise act for and on behalf of the Central Council and the Tlingit and Haida Indians of Alaska, shall be an ex-officio member of all committees and commissions, and exercise such other powers as may be delegated to him. He may delegate authority to others to perform functions and exercise powers of his office, and appoint committees to assist the Central Council or the President in the performance of their functions. As a member of the Central Council, he is entitled to vote.

Section 2.-The Vice Presidents of the Central Council shall assist the President when called upon to do so. In the order of their designation they shall

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succeed to the office of President upon the death, resignation or removal of the incumbent and serve in that office for the remainder of that term. In the absence of the President from a meeting of the Central Council the Vice Presidents shall preside in order of their designation.

Section 3.-The President and the six Vice Presidents of the Central Council shall elect one of the Vice Presidents to act in the capacity of Secretary to the Central Council. It shall be the responsibility of the Secretary to see that an accurate record be kept of all action taken and of business conducted by the Central Council or its officers. He shall promptly transmit copies of all minutes of meetings and resolutions of the Central Council and its officers, to all local Tlingit and Haida Community Councils, and to any Tlingit or Haida upon request. Any other records of the Central Council shall be available for inspection at the main office of the Council during business hours. The Secretary shall also attest the signature of the President or other authorized officer on legal documents executed for or on behalf of the Central Council as the general government of the Tlingit and Haida Indians of Alaska.

Section 4.-The six Vice Presidents of the Central Council shall elect one of their members to act in the capacity of the Treasurer to the Central Council, who shall act in that capacity only to conduct ordinary Central Council business.

ARTICLE VIII-FUNCTIONS OF THE EXECUTIVE COMMITTEE

When the Central Council is not in session the Executive Committee whether assembled or not shall possess all of the powers of the Central Council and shall be able to do all things and take all actions which the Central Council could without limitation, except that the Executive Committee shall not have the power to take any action which would constitute a repudiation or negation of action taken by the Central Council at its last meeting. The Executive Committee shall act by a majority of its members.

ADOPTION AND AMENDMENT

Section 1.-This constitution shall be in force and effect from the time of its adoption by vote of a majority of the delegates elected to the Central Council. Section 2.-Amendments to the constitution shall be submitted to delegates thirty days prior to the convention. A majority vote will be required to amend. If there is no prior notice, a two-thirds vote of delegates will be required.

: COMMUNITY COUNCIL PRESIDENTS

Harris Atkinson, Jr., President, Metlakatla T-H Community Council, Metlakatla, Alaska.

Pelican T-H Community Council, Pelican, Alaska.

Petersburg T-H Community Council, Petersburg, Alaska.

Irene B. Johson, President, Saxman T-H Community Council, P.O. Box 35, Ketchikan, Alkasa.

James Price, President, Washington Chapter, T-H Community Council, 111 North Second, Kent, Wash.

Isabella Brady, President, Sitka T-H Community Council, P.O. Box 4200, Mt. Edgecumbe, Alaska.

Roy Martin, President, Wrangell, T-H Community Council, P.O. Box 406, Wrangell, Alaska.

Evelyn Anderson, President, Yakutat T-H Community Council, P.O. Box 122, Yakutat, Alaska.

Martha J. Benzel, President, T-H Community Council, P.O. Box 122, Citation Road, Eagle River, Alaska.

Charlie Jim, Sr., President, T-H Community Council, P.O. Box 67 (threw Secretary), Angoon, Alaska.

Chris E. McNeil, Jr., President, T-H Community Council, 95-C Escondido Village, Stanford, Calif.

(Summer only). Chris E. McNeil, Jr., President, 723 West 10th Street, Juneau, Alaska.

Florence Mielke, President, T-H Community Council, P.O. Box 89, Craig, Alaska.

Walter Clayton, President, T-H Community Council, P.O. Box 364, Haines, Alaska.

Frank See, President, T-H Community Council, P.O. Box 136, Hoonah, Alaska. Brian Burgess, President, T-H Community Council, General Delivery, Hydaburg, Alaska.

Al McKinley, President, T-H Community Council, 816 Dixson Street, Juneau, Alaska.

Tlingit & Haida Community Council, Kake, Alaska.

Louis Thompson, President, T-H Community Council, General Delivery, Kasaan, Alaska.

Charles Nelson, President, T-H Community Council, P.O. Box 945, Ketchikan, Alaska.

Klawock Tlingit and Haida Community Council, Klawock, Alaska.

Joe Hotch, President, Klukwan T-H Community Council, P.O. Box 525, Haines, Alaska.

U.S. DEPARTMENT OF THE INTERIOR,

OFFICE OF THE SOLICITOR, Washington, D.C., June 20, 1969.

Memorandum.

To: Assistant Secretary, Public Land Management.
From: Solicitor.

Subject: Scope and applicability of the "Buy Indian" Act.

The attached letter, prepared by the Bureau of Indian Affairs to supplement the Secretary's response on February 27 to an inquiry from Senator Ted Stevens regarding the applicability of the so-called "Buy Indian" Act (Act of June 25, 1910, § 23; 36 Stat. 861; 25 U.S.C. 47) to Alaska Native Developers, Inc., was submitted to us for legal review. For reasons discussed herein, we are unable to approve the letter as drafted.

Although the "Buy Indian" Act, or an analogous provision, has been on the books since 1886, and has been cited over the years as authority for an increasingly large number of varied Departmental action, to the best of our knowledge, this office has never been called upon to render an opinion on its scope and applicability. In light of the fact that we believe the act poses several rather complex legal and policy questions, some of which are immediately involved in the proposed letter to Senator Stevens, and others of which will be involved in several programs we understand the Bureau of Indian Affairs expects to institute in the near future, we shall take this opportunity to outline briefly what we view as the dimensions of the problem and its legal implications. Before doing so, however, a review of the legislative history of the act is necessary, since it appears that much of the current difficulty is the result of misunderstanding of its background and purpose.

I. LEGISLATIVE HISTORY OF THE ACT

The statutory provision commonly termed the "Buy Indian" Act is presently codified in Title 25 of the United States Code as Section 47. It states:

So far as may be practicable Indian labor shall be employed, and purchases of the products of Indian industry may be made in open market in the discretion of the Secretary of the Interior.

Our third major concern centers about the individuals or entities from whom goods and services are procured pursuant to the act. This matter is of particular importance since the Department has been receiving an increasing number of inquiries on this subject, one of the most recent of which is that of Senator Stevens, to which the attached proposed letter is a supplemental response.

The statute itself alludes to "Indian labor" and "the products of Indian industry", phrases which seem to be concerned with the nature of what is being procured rather than the identity of who is furnishing it. However, this language, particularly the reference to "Indian industry", is being administratively construed to limit the sources from which "Buy Indian" purchases may be made. In his August 12, 1968, position paper on the act, the Commissioner set out definitions of the terms "Indian" and "Indian industry" to be used by BIA personnel concerned with the "Buv Indian" program. These definitions, which, as far as we are aware, never received legal review, are still being utilized by the Bureau as guidelines in administering the act:

(1) Indian: A person of Indian descent who could be eligible for Bureau services.