Part 1-Annette Islands Reserve, Alaska; Metlakahtla Indians and Other Natives

Sec.

1.54 Membership; admission procedure. 1.55 Forfeiture of membership. 1.56

1.57

Permit to occupy town lot.
Land permits, agricultural purposes.
1.58 Land permit fees.

Disposition of copies of land permit.
Recording land permits.

Cancellation of land permits; com-
pensation for improvements.

1.62 Powers of representative of Bureau of Indian Affairs.

1.63 Formation of corporations.

1.64 Development of minerals.

Provisions for suspension of or amendment to regulations.

Permits to erect salmon traps.

Permits to cut timber.

Use of fees for salmon traps and timber. AUTHORITY: §§ 1.1 to 1.68 issued under sec.. 15, 26 Stat. 1101; 48 U. S. C. 358.

1.59

1.60

1.61

1.65

1.10

Ordinances.

1.66

1.67

Permits to occupy land.

Committees.

Constables.

Creation of additional offices.

Annual election.

Removal from office.

Special meetings.

Treasury warrants; by whom signed.
Chairman of executive committee.
Chief constable.

Minutes; official correspondence and
documents.

1.30 Disposition of fines, taxes, fees. 1.31

Warrants; preparation.

1.32 Public buildings and property; custody. Vital statistics.

1.33

1.34

1.35

Executive committee; record.
Ordinances, posting.

1.36 Salary of secretary.

Bond of secretary.

Treasurer to receive all moneys.

1.37

1.38

1.39

Treasurer to pay warrants.

1.40 Treasurer to keep records.

Treasurer a member of executive committee.

Treasurer's annual report.

1.41

1.42

1.43

Salary of treasurer.

SOURCE: $ 1.1 to 1.68 contained in rules and regulations for Annette Islands Reserve, Alaska, for Metlakahtla Indians and other Alaskan natives, Jan. 28, 1915, except as noted following sections affected.

For

CROSS REFERENCES: For application of the Alaska Game Commission regulations to Indians and other Alaskan natives, see 50 CFR Chapter II. For application to Alaskan natives of Fish and Wildlife Service regulations, see 50 CFR Chapter I. Bureau of Land Management regulations pertaining to Indians and Eskimos, see 43 CFR Part 67. For rules of practice for hearings upon possessory claims to lands and waters used and occupied by natives of Alaska, see 50 CFR 102.21a.

§ 1.1 Purpose, Annette Islands Reserve. By the act of March 3, 1891 (26 Stat. 1101; 48 U. S. C. 358), the United States Congress set apart the body of lands known as Annette Islands for use and occupancy by the Metlakahtla Indians and such other persons as come within the purview of the act.

§ 1.2 Local government. The local government of the Annette Islands Reserve shall be vested in a council consisting of 12 members, all of whom shall be members of the Annette Islands Reserve.

§ 1.3 Officers. The officials of the Annette Islands Reserve shall be a mayor, a secretary, and a treasurer.

§ 1.4 Elections. (a) The members of the council and the officials of the Annette Islands Reserve shall be elected by ballot, printed or written, on the Tuesday last preceding December 25 in each year, at which election all members

of the Annette Islands Reserve above the age of 21, and not in arrears for nonpayment of taxes, fines, or fee for a permit to occupy a lot or tract of land, shall have the right to vote.

(b) At each election, after the first held under the rules and regulations in this part, each voter may be required to present his receipt for taxes, fines, or fee for a permit to occupy a lot or tract of land, as evidence that he is entitled to vote.

(c) Only members of the Annette Islands Reserve above the age of 21, not in arrears for nonpayment of taxes, fines, or fees, shall be eligible for election to any office or to membership in the council.

(d) The secretary shall, within 3 days after each election, report the names of the members of the council and the officials elected to the person in charge of the work of the Bureau of Indian Affairs at Metlakahtla, who shall send these names to the Commissioner of Indian Affairs through the Director of Education of Natives of Alaska.

[R. and Regs., Jan. 28, 1915, as amended Nov. 13, 1931]

§ 1.5 Entrance on duty. The members of the council and the officials elected shall enter upon their duties on the first Monday in January.

§ 1.6 Tenure of office. (a) The members of the council shall hold office for 2 years: Provided, That at the first meeting of the council elected under the rules and regulations in this part the members shall be divided by lot into classes of six members each, one class to serve for 1 year and the other class to serve for 2 years; at each annual election after the first, under the rules and regulations in this part, there shall be elected six members of the council to serve for 2 years, or until their successors have duly qualified.

(b) The mayor, the secretary, and the treasurer shall hold office for 2 years, or until their successors have duly qualified.

§ 1.7 Chairman of council. At the first meeting of the council in January the members shall elect from their own number one person to be chairman of the council in the absence of the mayor. Such chairman shall assume all the duties of the mayor when the mayor is absent from the reserve. In signing offi

cial papers in the absence of the mayor the chairman shall use the title "acting mayor."

§ 1.8 Meetings of council. The council shall have regular monthly meetings, except during any period of the year when it would prove a hardship on the members of the council to leave their personal labors in order to attend such meetings. At such times the executive committee, provided for by § 1.45, shall carry on the work of the council and report its action at the first regular meeting of the council thereafter.

§ 1.9 Conduct of council meetings. All regular meetings of the council shall be open to the public, but no one not having a seat in the council shall be permitted to discuss matters before the council, except by permission or upon the invitation of the council. As far as possible, the council shall transact its business in the English language. Seven members of the council shall constitute a quorum.

§ 1.10 Ordinances. The council shall have power to pass such ordinances for the local government of the Annette Islands Reserve as shall not be in conflict with the laws of the United States, the laws of the Territory of Alaska, or the rules and regulations in this part.

§ 1.11 Promulgation of ordinances. A copy of each ordinance passed by the council and certified by the signature of the mayor or of the acting mayor shall, within 3 days after its passage, be handed by the secretary to the person in charge of the work of the Bureau of Indian Affairs at Metlakahtla, who shall promptly forward same to the Commissioner of Indian Affairs, through the Director of Education of Natives of Alaska.

[R. and Regs., Jan. 28, 1915, as amended Nov. 13, 1931]

§ 1.12 Tax. The council is authorized to levy an annual tax of $3, or of such a sum as it may deem necessary, not exceeding $3, upon each able-bodied male member of the Annette Islands Reserve between the ages of 21 and 60, said tax to be collected by the secretary and expended for public purposes, as the council shall direct. The council may, by a twothirds vote of its membership, remit the annual tax of any individual who because of continued sickness, poverty, or physical or mental disability is unable to pay said tax.

§ 1.13 Labor on public works. (a) The council shall have authority to direct, by its ordinance, that every ablebodied male resident of Annette Islands Reserve shall perform, without remuneration, in each calendar year not more than 2 days' labor, of 8 hours each, on the streets, roads, wharves, public buildings, or other public improvements within the Annette Islands Reserve undertaken by order of the council.

(b) The secretary shall keep a record of the labor thus performed, showing the dates, the number of hours, and the character of the service rendered by each person.

§ 1.14 Fines. (a) By the vote of a majority of its membership, the council shall have power to impose upon any violator of an ordinance passed by the council such a fine as may be deemed just, not exceeding $10 for each offense.

(b) In each case, before the council proceeds to vote thereon, the person accused of such violation shall be given opportunity to appear before the council and make any statement that he or she may wish to make.

(c) The secretary shall, within 3 days after such a fine has been imposed by the council, hand to the person upon whom the fine has been imposed written notification thereof, countersigned by the mayor or by the acting mayor, setting forth the amount of the fine and the reasons for which it has been imposed.

(d) Fines thus imposed shall be collected by the secretary and by him deposited with the treasurer, to be expended at the direction of the council as other funds are expended.

(e) Whenever a fine which has been thus imposed remains unpaid for a period of 4 weeks from and including the day upon which notification thereof was received by the delinquent, the council, by the vote of a majority of its membership, may, in lieu of the payment of the fine, require the delinquent to labor not more than 10 days on the streets or other public works of the reserve. The expenses in connection with such sentence shall be paid from funds under the control of the council.

§ 1.15 Treasury warrants. The council shall direct the secretary to draw warrants on the treasurer in payment of all valid claims against funds subject to its control. All such warrants shall be

signed by the mayor or by the acting mayor.

§ 1.16 Permits to occupy land. The council may issue to members of the Annette Islands Reserve permits to occupy land within said reserve, and it may cancel such permits, as provided in § 1.56.

§ 1.17 Committees. (a) At the first meeting of the council in each year the council shall elect an auditing committee of three members and a public health committee of three members. From time to time, as the council may deem necessary, it may constitute other committees and define their duties. All committees elected under the rules and regulations in this part shall serve without remuneration.

(b) The secretary shall, within 3 days after their election, report the names of persons elected to membership in committees to the person in charge of the work of the Bureau of Indian Affairs at Metlakahtla, for transmission to the Commissioner of Indian Affairs.

[R. and Regs., Jan. 28, 1915, as amended Nov. 13, 1931]

§ 1.18 Constables. The council shall have authority to employ such a number of competent persons as constables as it may deem necessary in order to enforce its ordinances, to define their duties, and to fix their remuneration, if any. The constables shall be under the immediate control of the mayor or of the acting mayor, subject to the instructions of the council.

§ 1.19 Creation of additional offices. The council may create such additional offices, not in conflict with the rules and regulations in this part, as it may deem necessary for the effective administration of the local government, provide for the filling of such offices, define the duties of the same, and fix the amount of remuneration, if any.

§ 1.20 Annual election. The council shall prescribe rules regarding the place and conditions of the annual election. Notices of said election shall be posted in three or more public places in the reserve at least 10 days prior to such election.

§ 1.21 Removal from office. The council may by the vote of three-fourths of its entire membership remove the mayor, secretary, treasurer, or other official, upon sufficient evidence that he is unworthy to hold office; and the coun

cil may, by the vote of three-fourths of its entire membership, expel a member of the council.

§ 1.22 Filling vacancies. When a vacancy occurs in the membership of the council or in any office, the council may, until the time of the next annual election, temporarily fill such vacancy by a two-thirds vote of its membership, and provide for the induction into office of the person so elected.

The council

§ 1.23 Mass meetings. shall provide for at least two mass meetings annually of the members of the reserve. Public questions may be discussed at these meetings and the secretary of the council shall take note of any petition made on these occasions and preserve it among the official records of Annette Islands Reserve.

§ 1.24 Executive. The mayor shall be the executive head of the Annette Islands Reserve. He shall preside at the meetings of the council, but he shall not vote except in case of a tie vote in that body, when he shall cast the deciding vote.

§ 1.25 Special meetings. The mayor shall call a special meeting of the council whenever he deems such procedure necessary, or when he is requested, in writing, to call such meeting by five or more members of the council. He shall notify each member of the council, the secretary, the treasurer, and the person in charge of the local work of the United States Bureau of Indian Affairs, either by special messenger or through the United States mail, of the time and place of such meeting.

[R. and Regs., Jan. 28, 1915, as amended Nov. 13, 1931]

§ 1.26 Treasury warrants; by whom signed. The mayor shall sign all warrants drawn by order of the council on the treasurer.

§ 1.27 Chairman of executive committee. The mayor shall be chairman of the executive committee provided for in § 1.45, and he shall call a meeting of this committee at least once a month for the consideration of questions relative to the welfare of the community.

§ 1.28 Chief constable. The mayor shall have immediate control of the constables.

§ 1.29 Minutes; official correspondence and documents. The secretary shall keep the minutes of all of the proceed

ings of the council; he shall attend to the official correspondence of the council, and he shall be the custodian of all of the official documents of the Annette Islands Reserve.

$ 1.30 Disposition of fines, taxes, fees. The secretary shall collect, without commission, and receipt for all taxes, fines, and fees levied by the council, and shall deposit said payments with the treasurer, taking proper receipt therefor.

The

$1.31 Warrants; preparation. secretary shall prepare for the signature of the mayor all warrants on the treasurer as ordered by the council.

§ 1.32 Public buildings and property; custody. The secretary shall be custodian of all public buildings and property on Annette Islands Reserve not under the direct supervision of the United States Bureau of Indian Affairs.

[R. and Regs., Jan. 28, 1915, as amended Nov. 13, 1931]

§ 1.33 Vital statistics. The secretary shall keep a record of the births and deaths on the Annette Islands Reserve, and shall report these vital statistics every month to the resident representative in charge of the work of the United States Bureau of Indian Affairs.

[R. and Regs., Jan. 28, 1915, as amended Nov. 13, 1931]

§ 1.34 Executive committee; record. The secretary shall be a member ex officio of the executive committee; he shall keep a record of its proceedings, and shall present all recommendations of this committee to the council when it con

venes.

§ 1.35 Ordinances, posting. The secretary shall post a copy of every ordinance passed by the council, before it becomes operative, in at least three public places on the reserve, and a fourth copy he shall, within 3 days after its passage, hand to the person in charge of the work of the United States Bureau of Indian Affairs at Metlakahtla.

[R. and Regs., Jan. 28, 1915, as amended Nov. 13, 1931]

§ 1.36 Salary of secretary. The secretary shall receive a salary of $10 per annum, which shall be paid upon a warrant ordered by the council.1

1 By ordinance of the Council No. 55 approved by the Secretary of the Interior July 9, 1929, the salary of the secretary was increased to $600 per annum.