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![handle is hein.amindian/nvnpckirac0001 and id is 1 raw text is:
Native Village of Nunapitchuk RECEIVED
P.O. Box 130
Nunapitchuk, Alaska 99641 MAY 19 2005
Phone: (907) 527-5705 Fax: (907) 527-5711
BTREAU OF I'fNIANAFAR
OFFICE OF THE REGONAL DIRECTOR
Tim de Asis
Bureau of Indian Affairs R I [ Z- L
P.O. Box 25520 D
Juneau, Alaska 99801
FEB 2 8 2005
Charlie Bunch
Bureau of Indian Affairs BUREAU OF INDIAN AFFAIRS
Frontier Building 638 Contr-cts & Grants Office
3601 C Street, Suite 1100
Anchorage, Alaska 99503-5947
Re: Native Village of Nunapitchuk IRA constitutional revision
February 25, 2005
Dear Mr. de Asis and Mr. Bunch:
The Nunapitchuk IRA Council is resubmitting the tribal resolution by which it
had previously requested a Secretarial election for the purpose of adopting a new and
fily revised constitution for the Native Village of Nunapitchuk IRA Tribal Government.
We are also resubmitting the new and revised constitution itself, as well as a list of
eligible voters. All of these documents were submitted to BIA well over a year ago, but
appear to have gotten lost in the Interior process somewhere, as neither the D.C. BIA
office nor the Solicitor's Office have any record of what may have happened with them.
The Tribal Council requests, as before, that the Secretary simply call for an
election to ratify or adopt this new constitution in its entirety, in accordance with 25
U.S.C. § 476(c)(1)(A) and 25 C.FR. § 81.7, rather than treating this as an election on a
package of amendments to the current IRA constitution under 25 U.S.C. § 476(c)(1)(B).
This is'a thorough-enough revision of the constitution that an item-by-item vote on each
change would be difficult if not impossible, making it far more practical to simply hold a
single vote on this new constitution as a whole. A single vote to ratify or adopt the new
constitution as a whole would appear to be all that is required here, as there would be no
need to vote to separately revoke the 1940 Nunapitchuk IRA constitution when 25 C.F.R.
§ 81. 1 (r) defines revocation as a vote to abandon [an IRA] form of government, as
opposed to [a] vote to amend or totally revise it. Since Nunapitchuk would not be
voting to abandon its IRA form of government, but to totally revise its IRA constitution
instead, a single vote to ratify or adopt this totally revised constitution should be enough.](ViewImageLocal?handle=hein.amindian/nvnpckirac0001&div=1&collection=&method=preview&ext=.png&size=3)