Skip to main content

ARTICLE VI. POWERS OF THE TRIBAL COUNCIL

The Tribal Council shall exercise the following powers and responsibilities subject only to those limitations imposed by this Constitution and applicable federal law:

a) To promote and protect Wiyot language, culture, and traditions.

b) To negotiate contracts, conclude agreements, and regulate relations with all Tribal, Federal, State, and Local governments, private entities and individuals on behalf of the Tribe; to consult with the Department of the Interior on all activities of the Department which might affect the Wiyot Tribe; and to advise the Secretary of the Interior and other federal officials on all federal projects for the benefit of the Tribe.

c) To promote the health, education and general welfare of the Citizens of the Tribe and to administer charity and such other services as may contribute to the social and economic advancement of the Tribe and its Citizens.

d) To promulgate and enforce tribal resolutions, ordinances, and laws as needed and in a manner consistent with the Constitution. Subject to any limitations under this Constitution, examples of laws which the Tribal Council may promulgate and enforce include, but are not limited to, ordinances governing tribal lands, housing, tribal services, per capita payments, enrollment or citizenship, elections, record access, environmental protection, and economic development; providing for the levying of taxes and fees and the appropriation of available Tribal funds for public and other lawful purposes; providing for the licensing of business and other activities by any and all persons subject to the Tribe’s jurisdiction; and for the exclusion of persons from Tribal territory.

e) To borrow money and provide for the repayment thereof, manage all economic affairs and enterprises, create Tribally-owned and/or chartered corporations or other business entities and employ and discharge tribal employees.

f) To initiate, approve or reject any acquisition, disposition, lease, encumbrance or condemnation of Tribal lands or property; to pledge newly-purchased lands as security for loans on such lands; to manage, protect and preserve all lands, minerals, wildlife and other natural, as well as, cultural resources of the Tribe; and to initiate and administer land development projects for the Tribe on Tribal lands.

g) To create and maintain a reasonable tribal fund for administrative expenses of the Tribe and to provide for remuneration for Tribal Council Citizens and tribal officials as may be required; to administer any funds or property within the control of the Tribe for the benefit of the Tribe and its citizens, officers or employees; and to allocate tribal funds as loans or grants and to transfer tribal property and other assets to tribal organizations for such use as the Tribal Council may determine to be appropriate.

h) To choose and employ legal counsel and/or other consultants and representative(s).

i) To initiate such administrative proceedings and/or legal action on behalf of the Tribe as may be necessary to protect the interests of the Tribe and its Citizens.

j) To regulate the domestic relations of citizens of the Tribe; to provide for the guardianship of minors and incompetent persons within tribal jurisdiction; to provide services for the health, education, and welfare of all persons within tribal jurisdiction.

k) To promulgate and enforce tribal criminal and civil law and order codes, notwithstanding any other provisions of this Constitution.

l) To form or join tribal courts/consortia/Indian organizations now existing or yet to be formed for the purpose of exercising the Tribe’s civil and criminal jurisdiction and protecting the rights and interests of the Tribe’s citizens under the Indian Child Welfare Act, 25 U.S.C. 1901, et seq., and other federal statutes, and to serve as the Tribal Court until such time as a separate Tribal Court is established.

m) To create and regulate subordinate organizations, committees, departments, or other entities of the Tribe; and to delegate to such organizations, committees, departments or other entities or to any subordinate tribal official or employee the authority to perform such delegated duties.

n) To create and regulate standing or ad hoc committees, as necessary. Standing committees shall include the Citizenship Committee. Each committee shall, if convenient, establish its own meeting rules, which shall be subject to the approval of the Tribal Council. Members of committees shall be appointed by, and shall serve at the pleasure of the Tribal Council.

o) To waive the sovereign immunity of the Wiyot Tribe from unconsented suits when it deems necessary to further the interests of the Tribe and its citizens.

p) To preserve, protect and uphold the Constitution of the Tribe.

a) The Tribal Council shall have all of the appropriate powers necessary to implement specific provision of this Constitution and to effectively govern the affairs of the Tribe. All other powers heretofore vested in the Tribe and not specifically referred to in this Constitution, are reserved to the General Council.

b) Tribal Council regulation of housing within the land area commonly known as the New Reservation, and comprising lands taken into trust in 1991 by the United States for the Tribe’s benefit and located on the south end of Humboldt Bay, California five miles from the town of Loleta, shall be subject to ratification by majority vote of Tribal Citizens owning homes or residing on the New Reservation.

Loading…