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1 Constitution of the Poarch Band of Creek Indians 1 (1985)

handle is hein.amindian/cpbcki0001 and id is 1 raw text is: United States Department of the Interim BUREAU OF INDIAN AFFAIRS WASHINGTON, D.C. 20245 IN REPLY REFER TO: Tribal Government Services (TR) Through: Eastern Area Director Mr. Robert Benn Superintendent, Choctaw Agency 421 Powell Philadelphia, Mississippi 39350 Dear Mr. Benn: In accordance with Federal regulations at 25 CFR Part 81.5(f), the authorization to call a Secretarial election for the purpose of adopting (or rejecting) an appropriate constitution for the Poarch Band of Creek Indians which was issued on July 8, 1985, was void 90 days from the date of issuance. According to our calculation, the authorization expired on October 7, 1985, without an indication from the Poarch Band accepting our recommended modifications to the document submitted on January 30, 1985. Because an appropriate constitution is critical to the furtherance of the political relationship which should exist between the Federal Government and a Federally-recognized Indian tribe, we are extending the regulatory time limits of 25 CFR Part 81.5(f). The 1934 Indian Reorganization Act, 25 U.S.C. 476, provides that Any Indian tribe, or tribes, residing on the same reservation, shall have the right to organize for its common welfare, and may adopt an appropriate constitution and bylaws, which shall become effective when ratified by a majority vote of the adult members of the tribe, or of the adult Indians residing on such reservation, as the case may be, at a special election authorized and called by the Secretary of the Interior under such rules and regulations as he may prescribe . . . ' The Band disseminated on July 1, 1985, a document which purports to be an approved constitution of the Poarch Band of Creek Indians but which has not been approved by the Secretary and, in our opinion, is not appropriate. Our primary concerns about the proposed constitution which has now apparently been disseminated as approved relate to the fictionalized representation in Article I that persons listed as Indian on the 1870 and 1900 censuses are fullblood Creek Indians. The fictionalized representation regarding blood quantum makes the proposed constitution inappropriate for Secretarial approval. The 1934 Indian Reorganization Act authorizes the Secretary to approve only appropriate constitutions. If the Poarch Band is insistent on using the early censuses as its base roll and arbitrarily designating persons listed as Indian thereon as fullblood Creek Indians in its proposed constitution, the Secretary will not approve nor accord validity to the proposed constitution.

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