Quinault Indian Nation
                                      
                                  PREAMBLE
 
     We, the Indians of the Quinault Indian Nation, in order to establish a better tribal
organization; to preserve our land base, culture and identity; to safeguard our interest and
general welfare; to secure the blessings of freedom and liberty for ourselves and for our
posterity; and to amend our By Laws of August 22, 1922, as amended, do hereby approve
and adopt this Constitution.
 
                          ARTICLE I - SOVEREIGNTY
 
     SECTION 1 - SOVEREIGNTY:  Notwithstanding the issuance of any patent, the
jurisdiction and governmental power of the Quinault Nation shall extend to:  (a) all lands,
resources, and waters reserved to the Quinault Nation pursuant to the Treaty of Olympia,
12 Stat. 971, established by Executive Order dated November 4, 1873 (I Kapp. 923) and
to all persons acting within the boundaries of those reserved lands or waters; (b) all usual
and accustomed fishing grounds, open and unclaimed lands reserved for hunting and
gatherings and other lands necessary for the appropriate use of fishing and hunting
grounds; and all members exercising tribal hunting, gathering and fishing rights on or off
the Quinault Reservation in Quinaults usual and accustomed fishing grounds or: (c) all
lands or waters held by the United States in trust or reserved by the Quinault Nation for
the use and benefit of any member of the Quinault Tribe when such lands or waters are
not within the boundaries of an established Indian Reservation; (d) all members of the
Quinault Nation while such members are within the boundaries of the United States of
America or any of its Reservations, states, territories, possessions, zones, or districts;
except where such jurisdiction is expressly limited by the laws of the United States; (f)
offshore marine waters for a distance concurrent with the jurisdiction of the United States.
 
     SECTION 2 - GENERAL WELFARE:  It shall be the goal of the Quinault Nation to
provide for the general safety and welfare of all persons acting by the right of membership
in the Quinault Nation or acting or residing within the jurisdiction of the Quinault Nation.
 
                          ARTICLE II - ENROLLMENT
 
     SECTION 1 - MEMBER:  (a) Any person of 1/4 Quinault, Queets, Quileute, Hoh,
Chinook, Chehalis, or Cowlitz blood of one of the named Tribes or combined, not a
member of any other federally recognized Indian tribe. (b) Any person adopted into the
Nation by a majority vote of the General Council, at a regular annual meeting of that
council.  The ownership of trust land on the Quinault Reservation shall be an important
consideration in recommending adoption, but such ownership shall not be considered a
necessary or sufficient qualification or condition for a recommendation of adoption. 
Adoption procedures.  (1) A person applying for adoption must appear in person to the
Quinault Enrollment Office to obtain the adoption application form and petition form.  (2)
A person applying for adoption must have their petition signed by 50 tribal enrolled
members who have registered in the past two (2) Annual General Council Meetings.  This
petition will remain in the Enrollment Office (This is to make sure people who have signed
the petition are enrolled members).  (3) The Enrollment Committee shall request the
Business Committee to prepare a ballot for each applicant who has met the criteria of 1
and 2 above to be presented to the Annual General Council Meeting.  (4) The petition will
be posted 30 days before the Annual General Meeting.  (5) Applicant must be present at
the Annual General Council Meeting with one enrolled member to speak on his/her behalf. 
Failure to attend the meeting shall nullify the current application/petition.  (6) Adoptions
will not be allowed from the floor without following the above procedures.
 
     SECTION 2 - ENROLLMENT COMMITTEE:  (a) Membership.  The enrollment
committee shall consist of not less than four (4), nor more than nine (9) members of the
Quinault Nation, appointed by the Business Committee.  (b) Duties.  The enrollment
committee shall: (1) accept applications for enrollment and adoption, (2) investigate all
applications for enrollment and adoption, (3) approve all applications for enrollment where
applicants qualify for membership in the Quinault Nation under the provisions of this
Constitution.  A list of all persons approved for enrollment during the interim between
annual General Council meetings shall be published and posted publicly in places
determined to be appropriate to inform the general membership of pending enrollment
thirty (30) days prior to the next annual General Council meeting and presented by the
enrollment committee to the General Council at the next annual General Council meeting,
(4) recommend to the General Council for their vote, persons approved by the enrollment
committed for adoption into the Quinault Nation; a list of such persons shall be posted
with the pending enrollment list, (5) participate in the interviewing and hiring of an
enrollment clerk, (6) issue an official notice of denial of enrollment to any person, who,
after all due investigation by the enrollment committee is found not to be qualified for
enrollment in the Quinault Nation, (7) issue an official notice of denial of recommendation
to any person, who, after all due investigation by the enrollment committee is found not
to be acceptable for a recommendation of adoption.
 
     SECTION 3 - APPROVED APPLICANTS:  All persons approved for enrollment by
the enrollment committee shall be considered members for all purposes until their names
are presented at an annual General Council meeting; provided, persons approved for
enrollment shall not be permitted to vote on the enrollment or adoption of any person.
 
     SECTION 4 - APPEALS:  (a) Persons denied enrollment by a final act of the
enrollment committee may appeal the decision of the enrollment committee to the General
Council and if denied by the General Council may appeal to the Quinault Tribal Court. 
Persons denied enrollment may request a recommendation of adoption.  (b)  Persons
denied a recommendation of adoption by a final act of the enrollment committee may
request that the General Council adopt them at an annual meeting of the Council.  The
decision of the General Council shall be final.
 
     SECTION 5 - OBJECTIONS TO ENROLLMENT:  Any member may object to the
enrollment of any person approved for enrollment at the time the name of that person
approved for enrollment is presented to the General Council by the enrollment committee. 
The name of the member objecting shall be recorded and that objecting member shall
have ninety (90) days to present sufficient evidence to cause reexamination of the
enrollment application to the enrollment committee.  During that ninety (90) day period
and during any disenrollment investigation, the person objected to shall exercise the rights
of a member.  If ninety (90) days shall pass without sufficient evidence being presented
to the enrollment committee to cause the enrollment committee to reinvestigate the
application, the person objected to shall be enrolled.
 
     SECTION 6 - DISENROLLMENT:  (a) The enrollment committee shall not begin
review of the enrollment of a member without first notifying a person subject to a
disenrollment investigation that he or she is subject to such an investigation and allowing
such person to view all evidence being used to question member status.  (b)  the
enrollment committee in a disenrollment investigation shall follow all procedures set out
herein for enrollment, including presentation of the names of any finally disenrolled person
to the General Council at the next annual meeting of that Council.  (c)  exclusive grounds
for disenrollment shall be that a person submitted fraudulent evidence in the application
for enrollment in the Quinault Nation in order to qualify under the provisions of this
Constitution,  (d)  Persons finally disenrolled shall have the right to appeal their
disenrollment to the Quinault Tribal Court.
 
     SECTION 7 - DISENROLLMENT OF ADOPTED MEMBERS:  Adopted members
may be disenrolled by the General Council upon recommendation of the Business
Committee pursuant to the procedure established in this section when it appears that their
continued enrollment is not in the best interest of the Nation.  (a)  The Business
Committee shall have exclusive authority to initiate disenrollment proceedings against an
adopted member.  (b)  If the Business Committee after allowing an adopted member an
opportunity to be heard finds that the continued enrollment of an adopted member is not
in the best interest of the Nation it may recommend disenrollment to the General Council. 
(c)  A Business Committee recommendation of disenrollment shall be placed on the
published agenda of the next annual General Council meeting in action.  (d) The decision
of the General Council on the question of disenrollment of an adopted member shall be
final and shall not be subject to judicial review.
                       ARTICLE III - GENERAL COUNCIL
 
     SECTION 1 - MEMBERSHIP IN THE GENERAL COUNCIL:  All members,
including adopted members of the Quinault Nation shall be members of the General
Council.
 
     SECTION 2 - VOTING:  Members of the General Council age 18 years or more,
who are present at the appointed time and place of elections shall be permitted to vote
in General Council meetings.
 
     SECTION 3 - MEETINGS:  (a) The annual meeting of the General Council shall be
held on the last Saturday in March at a place within the boundaries of the Quinault
Reservation.  (b)  All meetings of the General Council shall be announced by the Business
Committee by posting notices at Taholah, Queets, Amanda Park and any other place
determined by the Business Committee at least ten (10) days in advance of the meeting
and by publishing notice in a newspaper of general circulation in the vicinity of the
Reservation.  (c)  Special meetings may be called by the Business Committee or by fifty
(50) voting members by giving and posting the required notice.  (d)  The purpose of the
General Council meetings shall be to elect or recall the members of the Business
Committee and to declare the will of the General Council on issues placed before the
General Council by the agenda and by persons raising issues at any meeting.  (e)  A
quorum for conducting business at any meeting shall be fifty (50) voting members.  (f) 
The agenda for the annual meeting shall be published by the Secretary of the Tribe.  All
items to be placed on the published agenda shall be submitted to the Secretary thirty (30)
days in advance of the annual meeting.  Items on the published agenda shall be
considered before the general session.  A general session agenda shall be established
by the Secretary.  The Secretary shall accept general session agenda items no sooner
than thirty (30) days before the annual meeting nor no later than the lunch break of the
day of the annual meeting.    (g)  In addition to the annual meeting, quarterly General
Council meetings may be held.
 
     SECTION 4 - BILL OF RESERVED POWERS:  The following powers shall be
reserved to the General Council and the Business Committee or other agency of the
Nation shall be required to obtain the advice and consent of the General Council prior to
taking any action with regard to these powers.  Any action the Business Committee shall
take with regard to these powers without obtaining the advice and consent of the General
Council shall be void and have no legal effect.  (a)  The relinquishment of any National
criminal or civil jurisdiction to any agency, public or private; provided, that this section
shall not prevent the Business Committee from commissioning non-National or non-Bureau
of Indian Affairs peace officers to enforce National laws and regulations.  (b)  The
termination of the Quinault Reservation.  (c)  The adoption of persons into the Nation.  (d) 
The sale of hunting or fishing rights, grounds or stations.  (e)  Any other act which
jeopardizes any treaty right of the Quinault Nation; or is prohibited to the Business
Committee by this Constitution, or by instruction of the General Council, without prior
approval of the General Council.
 
                      ARTICLE IV - BUSINESS COMMITTEE  
 
     SECTION 1 - OFFICERS:  The officers of the Nation shall consist of the President,
the Vice-President, Secretary and Treasurer and seven (7) Councilmen.  The said eleven
(11) officers shall constitute the Business Committee of the Quinault Nation and all shall
have the right to vote on issues brought before the Business Committee.
 
     SECTION 2 - QUORUM:  A quorum of the Business Committee shall consist of at
least six (6) officers, including the President and Vice-President, and decisions shall be
made by a majority vote of those present.  In the absence of the President and Vice-
President, no meeting shall be held unless an officer has been duly appointed by the
President or the Vice-President to chair the meeting.
 
     SECTION 3 - ELECTION:  The officers shall be elected at the annual meeting of
the General Council and shall serve three year staggered terms.  Nominations shall be
made from the floor.  Election shall be by secret ballot.  No absentee ballots shall be
allowed.  Officers shall be elected one at a time.  When during the course of any General
Council meeting, any presently serving officer shall be elected to fill any other position on
the Business Committee, the position vacated by the election shall be immediately filled
by electing another qualified person to the remainder of the term of the vacated position.
 
     SECTION 4 - QUALIFICATIONS:  Any enrolled member who maintains permanent
residence within the Reservation boundaries, is present at the election, and is entitled to
vote in the General Council, shall be eligible to be elected as an officer of the Nation,
provided that no more than one brother, sister, father, mother, husband, wife or child of
any person already serving as an officer may be elected as an officer.  Officers moving
their residence outside the boundaries of the Reservation during their term of office will
be considered to have resigned from the Business Committee.
 
     SECTION 5 - REMOVAL:  (a)  Any officer who is absent from three consecutive
regular Business Committee meetings without an excuse acceptable to the Business
Committee or who commits acts in violation of his position of trust as an officer of the
Quinault Nation shall be removed from office.  (b)  Prior to removal pursuant to (a) above,
the officer whose removal is contemplated shall be given a reasonable opportunity to
answer charges and a written statement of the charges against him shall be made
available to him fifteen (15) days prior to said meeting.  (c)  An officer who has been
removed shall have the right within thirty (30) days to file an appeal to the General
Council.  In the event of such an appeal, the Business Committee shall promptly call a
special meeting of the General Council, at which special meeting, it shall be decided
whether the removed officer shall be permanently removed.  Failure to obtain a quorum
of the General Council at such a special meeting shall be considered affirmation of
removal of any officer.
 
     SECTION 6 - RECALL:  Any officer may be removed for any reason by vote of the
General Council on a recall petition, specifying the reasons for removal.  A recall petition
shall be signed by at least fifty (50) qualified voters, and filed with the Business
Committee.  Upon the filing of such a petition, the Business Committee shall promptly call
a special meeting of the General Council.  Written notice of the petition shall be given to
the officer at least fifteen (15) days prior to the meeting, and he shall be entitled to state
his case before the General Council.  The decision of the General Council shall be final. 
Failure to obtain a quorum at such a General Council meeting shall require the dismissal
of the recall petition and no new recall petition may be filed against the officer in question
for a period of one year following said meeting.
 
     SECTION 7 - VACANCIES:  Vacancies on the Business Committee shall be filled
no more than sixty (60) days following the occurrence of a vacancy by a 2/3 vote of a
quorum of the remaining officers; provided, that such appointee is a voting member of the
Nation and is otherwise qualified.  The vacancy shall be filled by election at the next
General Council meeting for the remainder of the existing term.  No person not elected
to the Business Committee by the General Council shall be appointed to the position of
President or Vice-President.
 
     SECTION 8 - MEETINGS:  Regular open meetings of the Business Committee shall
be held at least once in each month on a regular schedule set by the Business
Committee.  Special meetings may be called on a reasonable notice to all officers. 
Executive sessions of the Business Committee may be held on majority vote of the
Committee.  All regular meetings shall be held within the boundaries of the Quinault
Reservation.
 
     SECTION 9 - BY LAWS:  The Business Committee shall by ordinance adopt its
own procedures and duties of officers, except as herein provided.
 
                  ARTICLE V - POWER AND RESPONSIBILITIES
                         OF THE BUSINESS COMMITTEE
 
     SECTION 1 - GENERAL:  It shall be the duty of the Business Committee to govern
all people, resources, lands, and waters under the jurisdiction of or reserved to the
Quinault Nation in accordance with this Constitution, the Quinault Tribal Code of laws, the
Quinault Treaty, the laws of the United States expressly limiting the powers of the Quinault
Nation, and the instructions of the General Council.  Any rights, powers and authority
expressed, implied, or inherent vested in the Nation but not expressly referred to in this
Constitution shall not be abridged by this Article, but shall be exercised by the Business
Committee or the General Council by the adoption of appropriate ordinances and
agreements.
 
     SECTION 2 - LAWS:  The Business Committee shall have the power to enact laws
for the welfare of the Nation; provided, however, that such laws are not in conflict with this
Constitution, and that public hearings be held on each such law prior to their adoption.
 
     SECTION 3 - POWERS:  The Business Committee shall have the power:  (a)  To
enter into agreements on behalf of the Nation with federal, state, and local governments
or agencies, and other public and/or private organizations or persons; provided, that these
agreements are not in conflict within this Constitution, the instructions of the General
Council, or the laws of the Quinault Nation.  (b)  To provide for the execution and
enforcement of the laws of the Quinault Nation; and to establish an independent Tribal
Court, and to provide by law for its jurisdiction, procedures, and appointment or election
of its judges; and to charter and regulate associations, corporations for profit and not for
profit, towns, special districts, schools, religious institutions, financial institutions and all
other entities; and to establish National enterprises as branches of the National
government.  (c)  To levy and collect taxes on members and other persons or entities
within the National jurisdiction; provided, that no tax shall be levied on trust real property;
further provided that no tax shall be levied without holding public hearings convenient in
time and place to all members of the Quinault Nation and those subject to its jurisdiction;
to determine the need for, and effect of, such a tax.  (d)  To assert the defense of
sovereign immunity in suits brought against the Nation and to waive the said defense by
agreement where National realty or personalty not held in trust by the United States is
pledged or when property held in trust by the United States is pledged with the consent
of the United States.  (e)  To govern the sale, disposition, and lease of tribally owned
assets, and to provide for the zoning and other land use regulation of all lands within the
boundaries of the Reservation and the jurisdiction of the Quinault Nation; and for the
purity, volume, and use of all water to which the Quinault Nation and the Quinault people
are entitled; and for the purity of the air within the Quinault Reservation.  (f)  To manage,
lease, permit, sell, or otherwise deal with tribally owned lands, tribally owned  interests in
lands, water rights, fishing stations, mineral rights, hunting grounds, fish and wildlife
resources; or other tribally owned assets, and to purchase or otherwise acquire lands or
interests in lands within or without the Reservation, and to hold those lands in tribal or
federal trust and to regulate allotted trust and non-trust lands within the Reservation
boundaries insofar as such regulation is not prohibited by federal law and does not violate
the rights of owners; provided, that tribally owned lands held in trust by the United States
shall not be sold or encumbered unless authorized by the General Council.  The authority
to manage National lands and timber may be delegated to a special committee or
committees. (g)  To engage in any business that will further the economic well being of
the Nation and of the members of the Nation, or undertake any program or projects
designed for the economic advancement of the people or the Nation; and to regulate the
conduct of all business activities with the Reservation boundaries.  (h)  To borrow money
from the federal government or other sources, to direct the use of such funds of
productive purposes, and to pledge or assign chattels or income due or to become due. 
(i) 1--To administer any funds within the control of the Nation in accordance with an
approved National budget; to make expenditures from available funds for tribal purposes
including salaries and expenses of tribal employees or officials, 2--The Business
Committee shall prepare an annual Nation budget, 3--This budget shall include all normal
operating expenses, any special projects or expenditures contemplated by the Nation, 4--
All expenditures of tribal funds by the Business Committee shall be authorized by it or by
the General Council in legal session and the amounts so expended shall be a matter of
public record. 5--The Business Committee shall have authority to approve amendments
to the Nation's annual budget for special appropriations in any budget year.  6--The
approved budget shall be posted at the National Business Office in Taholah, Queets, and
the Post Office in Taholah. (j)  To provide for an escheat in order that real and personal
property of members who die intestate and without heirs shall revert to the Nation.  (k) 
To manage, protect and preserve the wildlife and natural resources of the Nation and to
regulate hunting, fishing, including shellfishing, and trapping within the jurisdiction of the
Nation.  This power may be delegated to a special committee or committees.  (l)  On
petition by fifty (50) voting members of the Nation or on its own motion, the Business
Committee shall, within a reasonable time, hold a general membership election by secret
ballot on any issue.  (m)  All officers and employees of the Nation who have possession
of tribal funds shall account for same periodically to the Business Committee.  All officers
and employees handling National funds shall be bonded.  There shall be an annual audit
of the National funds handled by National officers or employees to be performed by the
Bureau of Indian Affairs or Certified Public Accountants.  (n)  To condemn land or interest
in lands for public purposes within the boundaries of the Reservation; provided that
owners of the lands condemned shall be paid the fair market value of such lands and any
timber or buildings thereon.  (o)  To exact all laws which shall be necessary and proper
for carrying into execution any power delegated to the Business Committee or delegated
to any person or committee under the supervision of the Business Committee.  (p)  To
govern the inheritance of real and personal property owned by members.
 
 
                         ARTICLE VI - RATIFICATION
 
     This Constitution shall go into effect when ratified by two thirds (2/3) of all members
eligible to vote, present and voting at a General Council meeting at which a debate and
vote on this Constitution has been placed on the agenda.  All enrolled members of the
Quinault Nation shall be notified of such a General Council meeting at least thirty (30) days
prior to such a meeting, and the notice provided shall make specific reference to the
proposed ratification of this Constitution.  Election of officers provisions shall not take
effect until the annual meeting of the General Council following the adoption of this
Constitution.
 
                          ARTICLE VII - AMENDMENT
 
     SECTION 1:  This Constitution may be amended by a two thirds (2/3) vote of a
quorum of the General Council at an annual or special meeting provided, however, that
the notice of the meeting at which an amendment is proposed shall be given at least thirty
(30) days before the meeting, and shall set forth the proposed amendment and an
explanation thereof; and provided further that after discussion of the amendment at the
meeting there shall be a recess of at least 30 minutes to enable the members to further
discuss the amendment among themselves.
 
     SECTION 2:  The Business Committee shall call a meeting to consider a proposed
amendment upon its own motion, or upon receipt of a petition signed by fifty (50) voting
members or upon resolution of the General Council.
 
                       ARTICLE VIII - ENFORCEABILITY
 
     The provisions of the Constitution shall be enforceable exclusively in the Quinault
Tribal Court and in the Federal Courts of the United States where provided by federal law,
and shall not be enforceable in any other court, except where the Quinault Tribe brings
suit in its own name in any other Court.  This section shall not be interpreted as a consent
to suit or waiver of sovereign immunity by the Quinault Indian Nation.
 
 
              ARTICLE IX - APPROVAL OF SECRETARY OF INTERIOR
 
     The Secretary of the Interior shall have the power to review actions taken pursuant
to the herein named powers and all other National powers, but only in those cases and
only to the extent that the Secretary has been given such powers of review by express
statutory command of the Congress of the United States.
 

                          ADOPTED MARCH 22, 1975