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ARTICLE VIII – BAND COUNCILS
administration

Section 1. Band Council Organization. Each constituent band shall establish by the adoption of by-laws its own rules of procedure and organizational structure.

Section 2. The powers of the bands as set forth herein shall limit the powers of the tribal council and the tribal council shall pass no ordinances nor adopt any resolutions infringing on the powers of the bands set forth herein.

(a) To consult with representatives of Federal, State or local governments, businesses, and all others on matters of band interest;

(b) To make contracts, except between it and the Federal, state or local governments, under its own name concerning matters that relate solely to the band;

(c) To conduct business affairs concerning all matters that relate solely to the band;

(d) To manage band enterprises and own and operate businesses;

(e) Subject to applicable Federal laws and regulations, to lease and assign band lands, interests in band lands including water rights, to exchange band lands for lands of equal value, to apply for Federal grazing permits and to permit or prohibit hunting and fishing on band lands;

(f) To recommend to the tribal council any changes in the constitution;

(g) To elect and recall its representative to the tribal council as provided for in this constitution;

(h) To spend band funds in accordance with a budget approved by the band council after review and comment by the tribal council;

(i) To recommend to the tribal council the disposition of, lease, assignment of tribal lands, or other tribal assets;

(j) To exercise such further powers as may be delegated by the tribal council or this constitution; and

(k) Except for the election and recall of its representatives, to delegate to the tribal council any of the above enumerated powers.

Section 3. Actions of Band Councils. The band councils shall take no action which is inconsistent with this constitution, or ordinances or resolutions of the tribe. The band councils may take action only by resolution or motion.

Section 4. Audit of Financial Records. Each band council shall cause an audit of the band accounts to be conducted annually and shall submit the audit to the tribal council for review. The tribal council shall establish by ordinance the time and manner for receipt of band audits by the tribal council.

Section 5. Band Lands. The phrase “Band lands” as used herein means those lands held in trust for a constituent band by the United States.