1. Yavapai-Apache Nation Constitution Committee Community Meeting
Welcome!!
Yavapai-Apache Nation
Constitution Committee
Community Meeting
Welcome and Opening Prayer

2. Constitution Committee
Apphia Shirley – Chairperson Cora-Lei Marquez – Vice Chairperson Margaret Lowry-Campos – Secretary Christine Cook Nel Engle Zayna Turner Virgil Pedro
Introductions

3. Mission and Purpose
“…WHEREAS: Members of the Nation have expressed a desire to review and propose amendments to the Nation’s Constitution, which was originally adopted in 1937 and last amended in 1992; and… “…WHEREAS: The Tribal Council has determined that a Constitution Revision Committee consisting of members of the Nation who desire to participate in the Constitution revision process should be established to draft proposed amendments to the Constitution; and…”
Language from Resolution
What our mission is as the Constitution Committee

4. Mission and Purpose
To meet with the Members of the Yavapai-Apache Nation and hear their concerns and proposed changes to the Tribal Constitution
To update the Tribal Constitution according to contemporary needs and reflects the values of the Yavapai-Apache Nation
24 month time frame to go over the Articles in the Tribal Constitution

5. Yavapai-Apache Nation Tribal Constitution
Last change – 1992
Secretarial Election
157 Registered Members
86 For
6 Against
Information regarding YAN Tribal Constitution:
-Last Update
-How that was changed
-Significance of Constitution
-Importance in making amendments

6. Committee Work Monthly Meetings Review of Constitution
Community Meetings
Review of Constitution
Surveys/Questionnaires

7. Timeline 2016 2017 Jan - May June - August September November December
Preamble Article I-II
May: Community Meeting
Article III-V
July: Community Meeting
Article VI
Article VIII
Community Meeting
2017
January
February
March
April
May
Article IX-X
Article XI
Article XII-XIII
Community Meeting
Article XIV-XV
Article XVI-XIX

8. Survey 1 – Article II Membership
Questions
Election Board
Results

9. Survey 2 – Articles III-V
Questions
Results

10. ARTICLE II – MEMBERSHIP (Original)
Section 1. Requirements. The membership of the Yavapai-Apache Tribe shall consist of the following:
All persons of Indian blood whose names appear on the official census roll as of April 1, 1934, with the supplement thereto of January 1, 1936.
All children born to any member who are one fourth (1/4) or more Indian blood.
All persons who are one fourth (1/4) or more Yavapai-Apache Indian blood.
All persons who qualified for and were accepted into membership under the membership requirements contained in the Constitution and By-laws of the Yavapai-Apache Indian Community, Arizona, adopted October 24, 1936, and approved by the Secretary of the Interior on February 12, 1937, as amended on June 21, 1947, and approved August 5, 1947.
Original Text
Changes we made – why we made them

11. ARTICLE II – MEMBERSHIP (Original)
Section 2. Adoption.
The Tribal Council shall have the power to pass ordinances covering the adoption of new members, Provided, That all persons adopted under this section shall meet at a minimum the following requirements:
1. Must have resided on the reservation for at least one (1) year, and
2. Must be Indian, and
3. Must be a person in good standing within the community.
Except as provided in Section 2 (c), persons who meet the criteria listed in Article II, Section 2 (a) (1-3) are not automatically entitled to become members of the Tribe. The Tribal Council shall have sole discretion in determining whether a person shall be adopted into the tribe. Denials of petitions for adoption shall not be appealable to Tribal Court.
Spouses of tribal members and children adopted by tribal members as officially established by Tribal Court order, who meet the criteria listed in Article II, Section 2 (a) (1-3), shall be eligible for adoption in the Tribe. Denials of petitions for membership of persons seeking to be adopted under this section shall be executed in writing and may be appealed to the Tribal Court. The Tribal Court shall overturn the Tribal Council’s decision only when such decision is arbitrary and capricious.
Original Text
Changes we made – why we made them

12. ARTICLE II – MEMBERSHIP (Original)
Section 3. Proof of Paternity or Maternity. Proof of paternity or maternity for purposes of tribal membership shall be established through the Tribal Court but only when such proof is requested by the Tribal Council. Section 4. No Dual Enrollment. No person who is an enrolled member of another Indian Tribe shall be eligible for membership in the Yavapai-Apache Tribe. Any person who is denied membership in the Yavapai-Apache Tribe based upon a finding that the person in question is an enrolled member of another Indian tribe shall have the right to appeal that finding to the Tribal Court which shall have jurisdiction over these matters. Section 5. Admission Procedures. The Tribal Council shall have the power to pass an ordinance to implement and enforce the membership sections listed in this constitution. Applicants denied admission may appeal to the Tribal Court except when prohibited by this constitution.
Original Text
Changes we made – why we made them

13. Blood Quantum Statistics

14. PREAMBLE (Original)
We the people of the Yavapai-Apache Nation, also called the Yavapai-Apache Tribe, of the Verde Valley, Arizona, do hereby adopt this constitution in order to:
Promote the common welfare of our Tribe,
Protect our people, land and natural resources now and in the future,
Acquire additional lands for the benefit of the Tribe,
Protect our Indian heritage including our religion, customs and language,
Preserve, secure and exercise all the inherent sovereign rights and powers of an Indian tribe.
This constitution shall supersede the Constitution and By-laws of the Yavapai-Apache Indian Community, Arizona, adopted October 24, 1936, and approved by the Secretary of the Interior on February 12, 1937, as amended June 21, 1947 and approved August 15, 1947, an shall govern the Yavapai-Apache Tribe from its effective date.
Original Text
Changes we made – why we made them

15. Review of Constitution Concerns
Preamble
Article I – Jurisdiction
Article II – Membership
Article III – Organization of Tribal Government
Article IV – The Tribal Council
Article V – Powers of the Tribal Council
Article VII – The Executive Department
Article VIII – Elections

16. PREAMBLE (Proposed Changes)
We the people of the Yavapai-Apache Nation, also called the Yavapai-Apache Tribe, of the Verde Valley, Arizona, do hereby adopt this constitution in order to:
Promote the common good and well-being of the Tribe;
Protect and preserve our culture and traditions including our language, arts and crafts, and archeological sites;
Protect our land, water and natural resources;
Promote and protect the health and welfare of our people;
Encourage and promote educational opportunities for members of the Tribe;
Foster economic development;
Protect the individual rights of our members;
Acquire additional lands for the benefit of the Tribe;
Preserve, secure and exercise all the inherent sovereign rights and powers of an Indigenous Tribe.
This constitution shall supersede the Constitution and By-laws of the Yavapai-Apache Indian Community, Arizona, adopted October 24, 1936, and approved by the Secretary of the Interior on February 12, 1937, as amended June 21, 1947 and approved August 15, 1947, an shall govern the Yavapai-Apache Tribe from its effective date.
Original Text
Changes we made – why we made them

17. ARTICLE I – JURISDICTION (Original)
The jurisdiction of the Yavapai-Apache Tribe shall extend to all lands within the boundaries of the Camp Verde Indian Reservation and to any and all lands held by the Tribe, trust allotments located outside the reservation boundaries to the extent permitted by federal law, and to any additional lands acquired by the Tribe or by the United States for the benefit of the Tribe, except where expressly prohibited by federal law. It is hereby declared the title to these lands includes but is not limited to all the surface rights, subsurface rights, tenements, hereditaments, all water rights and all accretions. Except as prohibited by federal law, the Yavapai-Apache Tribe shall have jurisdiction over all persons, property, lands, water, air space, resources and all other lands within the jurisdiction of the Tribe, notwithstanding the issuance of any right-of-way. Nothing in this Article shall be construed to limit the ability of the Tribe to exercise its jurisdiction based upon its inherent sovereignty as an Indian Tribe.
Original Text
Changes we made – why we made them

18. ARTICLE I – JURISDICTION (Proposed Changes)
Section 1. Territory. The territory of the Yavapai-Apache Tribe shall extend to all lands within the boundaries of the Camp Verde Indian Reservation and to any and all lands held by the Tribe, trust allotments located outside the reservation boundaries to the extent permitted by federal law, and to any additional lands acquired by the Tribe or by the United States for the benefit of the Tribe, except where expressly prohibited by federal law. It is hereby declared the title to these lands includes but is not limited to all the surface rights, subsurface rights, tenements, hereditaments, all water rights and all accretions. Section 2. Jurisdiction. Except as prohibited by federal law, the Yavapai-Apache Tribe shall have jurisdiction over all persons, property, lands, water, air space, resources and all other lands within the jurisdiction of the Tribe, notwithstanding the issuance of any right-of-way. Nothing in this Article shall be construed to limit the ability of the Tribe to exercise its jurisdiction based upon its inherent sovereignty as an Indian Tribe.
Original Text
Changes we made – why we made them

19. Next Steps Writing Amendments Secretarial Election
Tribal Member Participation

20. Secretarial Election Amend or Adopt Governing Document
Draft Proposed Amendments to Articles/Constitution
Petition
Filed to the Local Bureau Official
Secretarial Election Board
At least 30% registered voter participation
How to make changes to the constitution
-Make amendments to certain Articles or Full Constitutional Reform

21. Upcoming Meetings Upcoming Constitution Committee Meetings
July Committee Meetings (Dates TBA)
August Meetings
Community Meetings

22. Contact Information
Website
Phone
Database

23. Questions?