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     On this page you'll find information about the Lenape people, tribal operations, and other helpful notes on issues and events.  Just click on one of the following topics:

How did the Lenni Lenape get the name "Delaware?"

     An English Captain, Samuel Argall, sailing along the Atlantic coast (around 1610) in search of provisions came upon an extraordinary bay; so impressed by its majesty he named the bay after the current English colonial Governor (at Jamestown, VA.) Lord "De La Warr" (his boss):  kissing up no doubt.  Through the years the natives living around the bay came to be called the Delaware Indians.  At first our ancestors did not like being referred to as the "Delaware," but after it was explained that the man "De La Warr" was a person of great standing among his people the Lenni Lenape accepted the name "Delaware."

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Time Line

     This time line (many dates are approximations) will begin with European and Lenape first contact:  for a glimpse at pre-European history look to the Walam Olum.  It tells of the Lenni Lenape peoples migration from a far away place to the east coast of America.  All moves sited were out of necessity: for self preservation.  Contact with the Europeans brought death from war and disease, poverty, alcoholism, and the general break-down of the tribal organization.  The early moves were an effort to remove our people from close contact with the Europeans.

    • 1524  First contact with Europeans

    • 1610  Delaware bay named, laying foundation for the European renaming of the Lenape people.  The recognized name of the Lenni Lenape people is the "Delaware tribe of Indians."

    • 1610-1664  Dutch and Swedish settlements introduce the commercial fur trade.  This trade upset the gardening-hunting-fishing economy in favor for the hunting-for-barter economy; resulting in native on native wars in an effort to control trade.

    • 1664  The English seize control of Dutch and Swedish settlements.

    • 1682  William Penn first purchase of land from Delaware chiefs.

    • 1686 William Penn Purchases additional land north of the first purchase; however, the boundaries are not surveyed.

    • 1690  Delaware tribes start migration west to the Ohio valley.

    • 1737  The Walking Purchase deed is signed to establish earlier non-surveyed boundaries.  This may be the first example of how our people would be treated in their land treaties with the Europeans: cheated at every turn.

    • 1750  Most of the Delaware tribes complete their moves to eastern Ohio.  For the most part, completely evacuating their eastern lands.

    • 1770  Delaware tribes start migration west to the White river in Indiana.

    • 1778  First treaty signed between the U.S. Government and any Indian nation is an offensive and defensive alliance with the Delaware.

    • 1795  After the defeat at the battle of Falling Timbers (Ohio) the Delaware and their allies are forced into the treaty of Greenville:  which requires them to leave their land in Ohio. They join with other Delaware already settled in Indiana.

    • 1812  War breaks out between the Americans and the English.  The Delaware stay neutral:  most other tribes in Indiana side with the English.

    • 1816  Indiana becomes a state.  The government wants the natives moved west of the Mississippi.

    • 1818  The Delaware sign the Treaty of  St. Mary's agreeing to move to Missouri.  Local area tribes do not welcome the Delaware and openly war against them.

    • 1829  Due to the friction between the Delaware and other tribes, the Government and the Delaware sign a supplemental Treaty.  This Treaty provides for a permanent Delaware reservation in Kansas:  the Government promises that the land in Kansas is theirs forever.

    • 1831  The Delaware complete their move to Kansas.  Their settlement within the new reservation  is not welcomed  by the local native tribe:  warfare follows.

    • 1854  Kansas becomes a Territory.  The Government starts to pressure Kansas tribes to move:  Delaware Chief Ketchum writes the President reminding him of the promise made to never again remove the Delaware from their homes.  The Government forces the Delaware to sell most of their Kansas reservation to make room for settlement and railroad construction.

    • 1862  The Delaware side with the union during the Civil War:  over 70% of all Delaware men serve with the union army.

    • 1866  The Delaware sign a new treaty with the Government forcing them to move to "Indian country" (Oklahoma); however, the Delaware must negotiate with the Cherokee because the land belongs to them by treaty

    • 1867  The Delaware enter into contract with the Cherokees for the purchase of land within the Indian country; however, the Delaware maintain their right of self Government and tribal sovereignty.

    • 1868 the Delaware move to Oklahoma: the Cherokee do not welcome the move and deal with the Delaware harshly.

    • 1902  The Cherokee people ratify the Dawes agreement which dissolves their reservation and the tribal Government:  the Cherokees cease to exist as a nation.

    • 1906  Delaware Per Capita Roll is approved by the tribe and the Government.  This roll now serves as the bases for tribal membership.

    • 1958  The Delaware in General Council adopt a Constitution and Bylaws.

    • 1972  Congress appropriates programming funds to be used as the tribal Government directs.

    • 1976  The Cherokee reorganize and adapt a new constitution: they immediately dispute the Delaware rights as a sovereign Government saying that the Delaware are part of the Cherokee nation due to the 1867 agreement.

    • 1978  The Cherokees try to obtain the 1972 Delaware judgment fund, but they are not successful.

    • 1979  The BIA will no longer recognizes the Delaware as a tribe and consider all Delaware people part of the Cherokee nation.

    • 1982  The Delaware adopt a new Constitution and Bylaws; however, the BIA does not recognize the tribal Government and will not release the 1972 programming funds.

    • 1986  The BIA will not release the 1972 programming funds unless the Delaware adapt a governing document that defines their membership as Cherokee.

    • 1990  To obtain the programming funds the Delaware adopt a Trust Document that neither denies or confirms their recognized status.

    • 1991 Interest from the programming funds are released to the tribe: which are used to fund various programs as directed by the trust board.

    • 1996  The Delaware regain their federal recognition.  The Cherokee file suit in federal court to have the Government withdraw the Delaware recognition.

    • 1998  The Tribal headquarters moves into a (very nice) larger facility. 

    • 1999  The Cherokee lawsuit is still pending.  Ground is broken for a new tribal complex and child care center: construction will begin in 2000.

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    Books about the Lenape

     For years every time I walked into a bookstore I always searched the Native American selections for any book that was exclusively about the Delaware or Lenape people, I never found a single one.  January 2000 I finally hooked up the Internet and what a difference it has made: on my first search of an on-line book store I found over a dozen titles dealing exclusively with Lenape subjects.  The following titles are from some books that I have (there are many more) that are all in print and available from any of the major on-line bookstores:

    1. Keeper of the Delaware Dolls                                      ISBN 0-8032-8759-3

    2. King of the Delaware:  Teedyuscung                             ISBN 0-8156-2498-0

    3. The Delaware Indians: A History                                  ISBN 0-8135-1494-0

    4. Strange Journey: Visions of a psychic Indian woman     ISBN 0-87961-206-1

    5. The Grandfathers Speak                                              ISBN 1-56656-129-9

    6. Standing in the Light:  A Captive Diary                         ISBN 0-590-13462-0

    7. Secret Indian Legends                                                 ISBN 0-9653990-0-1

    8. Legends of the Delaware and Picture Writing               ISBN 0-8156-0487-4

    9. The Lenape Indians                                                     ISBN 0-7910-1665-X

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Location and Hotels

     I know we can all find our way to Bartlesville, Oklahoma; but once you get into town its nice to know where to make those lefts and rights.  So I've included a little city map to make your day go a little smoother. 

 

     The Closest hotel (not the best, but one of the cheapest) to the Headquarters building is the Bartlesville Inn.  The following list of local hotels, pricing, and phone numbers are provided for your convenience:  Make reservations, I've been surprised to see that the vacancy rate is fairly low:

    • Bartlesville Inn     $25     (918) 336-5599

    • Holiday Inn          $52     (918) 333-8979

    • Weston Inn          $82     (800) 528-1234

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Important phone numbers, addresses, and Email address

     I hope you find the follow list of numbers & stuff useful:

    • Delaware Tribe of Indians     220 NW Virginia AVE, Bartlesville, Oklahoma

    • Headquarters building offices and numbers:

      • Tribal office     336-5272 or 1-800-700-9870

      • Chief               Extension 200

      • Delaware Indian Newspaper     Ext 483

      • Tribal Business Manager            Ext 515

      • Economic Development             Ext 244

      • Grants and Compliance              Ext 339

      • General Information                   Ext 300

      • Housing Authority                      Ext 539

      • Language/Culture                       Ext 503

      • Gift Shop                                   Ext 541

      • Judicial                                       Ext 341

      • Enrollment                                  Ext 223

      • One-Stop-Shop, JTPA, and Education     Ext 512

    • Child Care Services     (918) 336-765

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Tribal Government

     The Tribal Government centers around two governing documents:  the tribal Constitution and the Trust Document.  Each has a separate specific purpose.  The Trust Document in conjunction with the Judgement Fund Master Plan provide for the authority and management over the Delaware judgment funds; where as, the Constitution and Bylaws provide for the authority and management of the tribe in all other matters.  Both documents authorize a 7 member governing body to be elected by the voting membership.  The governing seats are detailed as follows:

    The Delaware Tribal Council

    1. Chief

    2. Assistant Chief

    3. Secretary

    4. Treasurer

    5. Member

    6. Member

    7. Member

    The Delaware trust Board 

    1. Chair

    2. Vice-Chair

    3. Secretary

    4. Treasurer

    5. Member

    6. Member

    7. Member

There has been some dispute about which document has established authority over what and if there is a need for both documents: judge for yourself.  I'm providing you with both documents for your reading pleasure.

DELAWARE CONSTITUTION

ARTICLE  I  Supreme Authority

     The supreme governing authority shall rest with the adult voting membership acting within its powers as set forth in this Constitution and Bylaws.

     All powers not granted to the Tribal Council by this Constitution and Bylaws are reserved by the members of the Delaware Tribe.

ARTICLE  II  Membership

     Section 1. The membership of the Delaware Tribe shall consist of all those persons whose names are included on the Delaware Indian per capita roll approved by the Secretary of Interior on April 20, 1906, and their descendants.

     The Delaware Tribal Council shall have the power to enact ordinances, to establish rules and regulations governing membership, adoption, procedures for enrollment, and preparation and approval of an official membership roll. Provided: Nothing contained herein shall be construed to invalidate the presently existing membership roll or the membership of those persons enrolled prior to the effective date of this Constitution and bylaws.

ARTICLE III - Rights of Members

     Section 1. The rights of the members of the Delaware Tribe to hold religious beliefs, speak and write freely, and the right of the members to assemble and petition their government, shall not be disturbed.

     Section 2. The Tribal Council shall not deprive any person of their liberty or property without due process of law, nor deny any member the equal protection of the laws.

ARTICLE IV -Governing Body

     Section 1. There is created by this Constitution a governing body which shall be known as the Delaware Tribal Council.

     The Tribal Council shall consist of seven (7) members; a Chief, Assistant Chief, Secretary, Treasurer 5 and three (3) members, all of whom must be eligible voters within the Delaware Tribe.

ARTICLE V - Powers of the Tribal Council

     The Delaware Tribal Council shall have the following powers:

    A. To represent the Delaware Tribe and act in all matters that concern the general welfare of the tribe, and to make decisions not inconsistent with or contrary to this Constitution and Bylaws or the Constitution and laws of the United States of America.

    B. To negotiate and make contracts with Federal, State, and Local Governments and individuals, firms or companies.

    C. To advise and consult with the Secretary of Interior or his representative on all matters and activities that may affect the Delaware Tribe and to make appropriation, requests to the Bureau of Indian Affairs on any project/program beneficial to the Delaware Tribe.

    D. To employ legal counsel, the choice of counsel and fixing fees to be subject to the approval of the Secretary of the Interior, or his authorized representative if required by Federal law.

    E. To cultivate, promote and encourage the culture and crafts of the LENNI LENAPE.

    F. To administer charity.

    G. To negotiate permits and leases, subject to approval of the Secretary of the Interior, if required by Federal Law, for business, homesite and other purposes, and generally to provide for the proper use and development of all Tribal lands, natural resources, and other Tribal property.

    H. To appropriate Tribal funds for Tribal purposes.

    I. To mortgage or otherwise encumber Tribal land and to borrow money from any source and pledge or assign chattels of future tribal income as security therefore with the approval of the Secretary of the Interior or his authorized representative if required by Federal Law.

    J. To enact ordinances to regulate the use of all tribal lands through zoning, taxation, or otherwise.

    K. To manage and control community/tribal property, enterprises, and other economic projects and programs of the Delaware Tribe, including, but not limited to, the establishment of housing and rental authorities, education programs and elderly programs, and appointment of planning, programming, and development committees.

    L. To authorize, charter, establish and regulate associations and corporations formed for the benefit of the Delaware Tribe of doing business upon Delaware lands.

    M. To establish rules to regulate its own proceedings, to appoint subordinate committees, commissions, boards, tribal officials, and employees not otherwise provided for in this Constitution and Bylaws and to prescribe their duties, salaries, and tenure.

ARTICLE VI - Elections

     Section 1. Elections shall be held every second year the first Saturday of November. The Chief so elected and the three (3) Council members who receive the highest number of votes cast shall hold office for four (4) years; the three (3) remaining Council members shall hold office for two (2) years. Thereafter, each newly elected Council Member shall serve four (4) years.

     Section 2. Members elected to the Tribal Council shall take office at a meeting which shall take place the 1st Saturday after- an election, at which time, they shall take an oath administered by the Chief. In the absence of the Chief, the Assistant Chief, or Chairman Pro Tem elected by a majority vote of the Tribal Council.

     Section 3. The Tribal Council, after being installed in office, shall elect by majority vote from among its members, an Assistant Chief Secretary and Treasurer

     Section 4. Candidates seeking election to the position of Chief, Tribal Council, or Tribal Court, shall file with the Tribal Office in accordance to Title 4 of the Delaware Tribal Statutes.

     Section 5. Elections shall be by secret ballot and conducted according to Title 4 of the Delaware Tribal Statues. Absentee balloting shall be allowed

     Section 6, All Delaware Tribe members, eighteen (1E) years of age or older, who are registered to vote, can vote in all elections and sign petitions.

     Section 7. Public notice of the date of election and designation of polling places shall be given at least thirty (30) days and not more than forty-five (45) days prior to the date of elections.

     Section 8. If the Tribal Council shall fail to give proper notice of the election, or in case a regular election has not been held, the Tribal Court, upon receipt of a petition signed by at least one hundred (100) registered voters shall call such election and shall give thirty (30) days notice, setting the time and place of the election.

ARTICLE VII - Vacancy

     Any vacancy which may occur on the Tribal Council, because of death or resignation, shall be filled by majority vote of the remaining members. vacancies occurring because of removal or recall shall be filled by a special election to be held within forty-five (45) days. Provided that if a vacancy created because of recall or removal occurs within one hundred eighty (180) days of the next regular tribal election, no special election shall be held, but the matter shall be held over and delayed until such next regular election.

ARTICLE VIII - Initiative Petitions

     The members of the Delaware Tribe reserve unto themselves the power to initiate and pass resolutions and ordinances, and to change or modify resolutions and ordinances enacted by the Tribal Council, according to rules and procedures set forth in the Bylaws.

ARTICLE IX - Amendments

     Section 1. This Constitution and Bylaws may be amended by 2/3 majority vote of the General Council.

     Section 2. It shall be the duty of the Chief to call a General Council meeting for the purpose of amending the Constitution and Bylaws when:

    (a) petition signed by at least one hundred (100) registered voters, setting forth the full text of the proposed amendments, has been filed with the Tribal Council Secretary, or

    (b) upon a 2/3 vote of the Tribal Council, a resolution is passed, calling for an amendment to the Constitution.

ARTICLE X - Recall/Removal from Office

     Section 1. If any elected member of the Delaware Tribal government is convicted of a felony or crime which involves dishonesty, his office shall be considered forfeited upon passage of a resolution by the Tribal Council, or by 2/3 vote of General Council.

     Section 2. Any member of the Delaware Tribal Council not in attendance of two consecutive, unexecuted absences, at the regularly scheduled Council meetings, shall forfeit his office.

ARTICLE XI - Annual Membership Meeting

     Section 1.  General Council meeting of the adult membership shall be held on a Saturday, during the month of November, at which time the Chief or his designated spokesman shall make a "State of the Tribe . Notice of the General Council meeting shall be given by the Chief, not less than thirty (30), nor more than forty-five (45) days preceding the meeting.

     Section 2. Committee Reports and other reports regarding the operation of Delaware Tribe programs and projects shall be presented as well as other business properly brought before the membership.

ARTICLE XII - Judicial

     There is hereby created a Delaware Tribal Court composed of five (5) members, all of whom shall be members of the Delaware Tribe of Indians and elected by the membership of the Delaware Tribe. The purpose of the court shall be to hear and resolve any disagreements arising under any provisions of this Constitution or any civil or criminal acts against the Tribe, members, or persons under the jurisdiction of the Delaware Tribe. The Council shall provide for a procedure which shall insure that any litigant receives due process of law together with prompt and speedy relief. These Tribal Judges may not hold any other positions within the Delaware Tribal Government or any committee appointed by the Chief or Tribal Council. The terms of Chief Justice and the Associate Judge, now holding the position from the 1982 election, will expire in 1986 and thereafter the Chief Justice will be elected for an eight (8) year term and the Associate Judges will serve four (4) year terms with elections every two (2) years in accordance with Article VI of the Delaware Tribal Constitution.

DELAWARE BY-LAWS

ARTICLE I - Duties of Officers

     Section 1. The Chief of the Tribal Council, hereinafter referred to as the Council, shall preside over all meetings of the Council, perform all duties of a Chairman, and exercise any authority given him specifically by the Council or by a General Council of the Tribe. The Chief shall have the power to vote.

     Section 2. The Assistant Chief, in the absence of the Chief, shall preside and shall have all powers, privileges, and duties of the Chief. he shall have the power to vote at any meeting.

     Section 3. The Council Secretary shall have charge of all tribal correspondence and it shall be his duty to submit promptly to the Superintendent of the Jurisdiction and other appropriate offices of the Bureau of Indian Affairs, copies of all minutes of regular and special meetings of the Council, as well as copies of all resolutions and ordinance adopted by the Council. He shall have the power to vote at any meeting.

     Section 4. The duties of the Treasurer shall be as follows: 

    A. He shall accept, receipt form, keep and safeguard, all funds in custody of the Council. He shall deposit all such funds as directed by the Council and shall keep accurate records of such funds and shall report on all receipts and expenditures and the amount and the nature of all funds in his custody to the Council at regular meetings and at such other times as required by the Council. He shall not pay or otherwise disburse any funds in custody of the Council except when properly authorized to do so by the Council.

    B. The books and records of the Treasurer shall be audited at least once a year by a competent auditor employed by the Council, and at such other times as the Council may direct.

    C. The Treasurer shall be required to give a surety bond satisfactory to the Council.

    D. All checks shall be signed by the Treasurer and shall be countersigned by the Chief of the Council or by some other officer designated by the Chief.

    E. If the Treasurer is a member of the Council, he shall have the power to vote at any meeting.

    F. All other members of the Council may perform such duties as assigned by the Council and have the power to vote.

ARTICLE II - Meetings of the Tribal council

     Section 1. At the first meeting of the Council, after a regular election, which shall be the first Saturday after election, new members of the Council will be inaugurated and take office, and the Council shall see that all Council members have a correct and clear understanding of the Constitution and Bylaws and the management of tribal affairs, as well as the rules for conduct of their own body.

     Section 2. Regular meetings of the Council shall be held as designated in a resolution by the Council.

    Section 3. Special meetings of the Council may be called by the Chief or special meetings may be called by the Chief upon the written request of three (3) or more members of the Council. Written notice shall be given to each Council member at least five (5) days prior to special meetings.

     Section 4.

         A. In the conduct of business, Roberts Rules of Order shall apply except when, they are inconsistent with the express provisions of the Constitution and Bylaws. All regular meetings shall be open to all members of the Tribe. Tribal members may participate in the discussion with the consent of the Chief.

         B. The order of business at any regular or special meetings of the Tribal Council shall be as follows:

      1. Call to Order by the Chief

      2. Prayer

      3. Roll Call

      4. Reading of Minutes of Last Meeting

      5. Unfinished Business

      6. Reports

      7. New Business

      8. Adjournment

         C. Voting at the Council meetings may be by voice, but at the discretion of the   Chief, or upon the request of any two (2) members of the Council, a secret vote may be taken.

     Section 5. Matters of business for the Council shall be decided by a majority vote. A quorum (a number competent to transact business) of the Council shall be four (4) members, which may include the Chief or Assistant Chief.

     Section 6. No Council member shall vote on any matter coming before the Council in which he has a personal interest or in which he or she would be personally enriched by the outcome of the vote, unless special consent is given by a majority vote of the remaining Council members.

     Section 7. Each official, elected or appointed, shall take an oath of office, prior to assuming his duties, which shall be: "I,_________ , do solemnly swear that I will support and defend the Constitution of the United States of America against all enemies, that I will carry out faithfully and impartially, the duties of my office to the best of my ability, that I will cooperate, promote, and protect the best interests of the Delaware Tribe in accordance with this Constitution and Bylaws."

ARTICLE III - Initiative Process

     The voting membership s right to initiate and pass legislation for the benefit of the Delaware Tribe shall be governed by the rules and regulations as follows:

    A. The petition shall at the beginning contain a statement of the purpose of the petition in clear and concise language.

    B. Petitions shall be typed and clearly set forth the proposed ordinance or resolution.

    C. Persons signing the petition must print their full name, address and affix their signatures.

    D. In determining whether the signatures are valid (those of registered voters), only those names which appear on the same page as the "Statement of Purpose" with the text of the resolution or ordinance, shall be counted. Names on blank pages will not be counted.

    E. Prior to obtaining signatures, a copy of the petition shall be filed with the Council Secretary. Petitions not filed will be invalid.

    F. A petition meeting the above rules and signed by one hundred (100) voting members shall require Chief to initiate an ejection within forty-five (45) days.

    G. The Secretary shall verify the names of all persons signing any petition to verify their voting status.

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TRUST DOCUMENT OF THE DELAWARE TRIBE OF INDIANS

  WHEREAS, WE, THE DELAWARE TRIBE OF INDIANS, a/K/a LENNI LENAPE, associated with the Cherokee Nation in accordance with Article II of the Delaware Agreement, dated April 8, 1867, in order to preserve our Delaware identity, and;

WHEREAS, as it has become expedient and necessary for the release of the 10% Judgment Funds provided for in the Act of Congress dated October 3, 1972, P.L. 92-456, 86 Stat. 762, 25 U.S.C. 1294(b), and;

WHEREAS, both the Cherokee Nation and the Secretary of the Interior have committed themselves to the fact that the Cherokee Nation will not interfere with or be called upon to approve, administer or oversee the administration, purpose, or use of such funds, and;

WHEREAS, the existence and factum of approval by the Secretary of the Interior will neither be considered as an indication of the existence or non-existence of the status of the Delaware Tribe of Indians as being that of a Federally recognized tribe possessing governmental powers,

THEREFORE, the following Trust Document of the Delaware Tribe of Indians is hereby declared to be the formal expression of the procedure to administer the judgment funds of the Delaware Tribe of Indians appropriated by the Act of December 26, 1969 (83 Stat. 447, 453) (unclassified), to pay a judgment in favor of the Delaware Tribe of Indians in Docket 298, and in Docket 72, together with any interest thereon in the above referenced Act of Congress, dated October 3, 1972.

ARTICLE I - MEMBERSHIP

Membership in the Delaware Tribe of Indians shall be limited to each person:

A. whose name; or,

B. whose lineal ancestor's name;

C. appears on the per capita payment roll prepared by the Secretary of the Interior on April 20, 1906; and

D. who are also members of (or eligible for membership with) the Cherokee Nation of Oklahoma through the Cherokee Dawes Commission Rolls.

ARTICLE II - AUTHORITY

The Authority of the Delaware Tribe of Indians is vested in the membership.

A. VOTING. The right to vote shall be limited to persons who are:

1. Members of the Delaware Tribe of Indians as defined in Article I hereof;

2. Age 18 years or older;

3. Registered to vote pursuant to registration rules as are herein granted to the members, provided that such registration rules:

a. Are consistent with this document; and

b. Do not conflict with the Indian Civil Rights Act of 1968, 25 U.S.C. Section 1302.

B. BUSINESS. m e sole and only methods of conducting business under this document shall be limited to:

1. The members meeting in General Council,

2. The members voting by referendum; and,

3. The members delegating authority to the Trust Board as provided herein.

C. GENERAL COUNCIL. General Council as herein used shall mean a meeting of all members of the Delaware Tribe of Indians who assemble in one geographic location, after due and proper notice has been given, to conduct the business of the membership under this Trust Document.

1. The General Council shall convene annually on any Saturday during the month of November of each year at which time the Chair of the Trust Board shall make a "Trust Status" address. Notice of the General Council meeting shall be given by the chair not less than thirty (30) days nor more than forty-five (45) days preceding the meeting through the United States Postal Service and by public notice. Such notice shall include an agenda which shall include a provision for "other business. During the conducting of the "other business" portion of the agenda, any member shall have the right to bring up any relevant matter.

a. If the matter's relevancy is questioned, the relevancy issue shall be decided upon by a majority of the voting membership present.

b. If the matter is found relevant the matter shall be considered. If found not relevant the matter shall not be considered.

2. A quorum of not less than 100 voters shall be convened before any business of the General Council can be conducted. Procedures for the conducting of business of the General Council shall be consistent with Roberts Rules of Order Revise

D.  TRUST BOARD

1. There is created by this Document a representative body which shall be known as the Delaware Trust Board, hereinafter referred to as

2. The Trust Board shall consist of one (1) Chair and six (6) members, all of whom must be registered voters within the Delaware Tribe. Three (3) of the six (6) members Shall be designated as the following officers: Vice-Chair, Secretary, Treasurer.

3. Managerial functions, including the employment of workers and the execution of routine business functions, shall be delegated to the Trust Board.

4. The Trust Board Shall meet the first Monday of each month at a time and place designated by the majority vote of said Board at the previous meeting. All meetings of the Trust Board shall be held in accordance with Roberts Rules of Order Revised.

5. All meetings of the Trust Board shall be public, except: (a) when matters of personnel and their employment are discussed; (b) when the question of moral turpitude of any tribal member is discussed; or (c) when the decorum of the audience shall prejudice orderly administration of business. Such exceptions above will allow the Board to go into Executive Session. In the event that consideration of a subject shall take place in Executive Session, the vote shall take place in an open meeting.

6. No action shall be taken at any Trust Board meeting unless there is present a quorum, which shall be four (4) voting members of such Board.

7. The Chair of the Trust Board Shall call and conduct all regular and special meetings of the said Board. The Chair of the Trust Board shall exercise his/her voting right only when it will affect the outcome (i.e., break tie votes of the Trust Board).

8. The Vice-Chair, in the absence of the Chair, Shall perform the duties of the Chair, assuming all the duties, privileges, and responsibilities of the Chair.

9. The Secretary of the Trust Board shall correctly record and maintain all proceedings of the meetings of the said Board and shall upon request, make records available to members of the said Board for inspection during regular business hours, and send a copy of each to the Superintendent of the Tahloqush Agency of the Department of the Interior, Bureau of Indian Affairs.

10. The Treasurer shall keep all monies entrusted in his/her care in a special account and all disbursements therefrom shall be made by a check. All checks so issued shall be signed and properly countersigned by the properly designated trust officials before distribution. The Treasurer shall establish and maintain a formal accountings system for trust funds, which shall include the accurate accounting of receipts and disbursements of said funds and Shall make reports to the Trust Board. The Treasurer Shall make reports at all meetings of the General Council The Treasurer shall make all Trust accounts and records available to the Superintendent at all times for inspection and/or audit. The Treasurer shall file a surety bond satisfactory to the Superintendent and the Trust Board. The costs of such bond shall be paid from Trust funds.

11. The Trust board shall prepare the annual budget and supplements thereto administering the judgment funds. Annual budgets and supplements thereto Shall be consistent with the Plan as set forth in Article III of this Trust Document. The annual budget shall be submitted to the General Council for its approval and/or amendment. Upon approval by the General Council, the Chair of the Trust Board shall submit the annual budget to the Secretary of the Interior for the Secretary's approval and/or amendment.

12. The members of the Trust Board shall consist of those persons elected to the Office of Chair or member of the Trust Board in a duly called initial election conducted by the Area Director of the Bureau of Indians not later than ninety (90) days after approval of this document by the Secretary of the Interior. Subsequent elections shall be held in accordance with Article IV - Elections of Trust Board.

E. TRIBAL RECORDS. All expenditures of Judgment Trust Funds shall be a matter of public record open to all tribal members at all reasonable times. Official minutes and reports of the General Council, the Trust Board and any of their committees shall also be available to all tribal members at all reasonable times.

1. Any reports, minutes or other information pertaining to matters of personnel shall remain confidential to the extent necessary to protect the individual rights of the person or persons involved. However, the personnel decision of the Tribal entity shall be a public record available to review by all tribal members at all reasonable times.

2. Tribal members shall be allowed reasonable arrangements to copy open Tribal records, subject to appropriate Federal law. The cost of such reproduction shall be born by the tribal member requesting reproduction, unless waived. Such cost shall not exceed that charged by local photocopying companies.

ARTICLE III - PLAN

Within ninety (90) days after the election of the Trust Board, as herein provided, such Trust Board shall promulgate and formulate a plan for the use of the judgment funds which shall, in its view, carry out the spirit and intention of P.L. 92-456 as specified in 25 U.S.C. S 1294(b), provided that the approval of such plan shall be given by a majority of those members of the Delaware Tribe of Indians who vote on such plan and provided further that the rules providing for Referendum Voting (Article VI, Section C) be followed. Any initial master plan for the use of the judgment funds must be voted upon by secret mailed ballot. In the event that a plan does not obtain the required voter approval, the Trust Board shall have the authority and obligation to formulate a new plan meeting the requirements set forth in this Article. No judgment funds shall be expended without prior Plan approval asset f forth herein.

ARTICLE IV - ELECTION OF TRUST BOARD

A. OFFICERS AND TERMS OF OFFICE

1. Elections shall be held every second year the first Saturday of November. For purposes of the first election, Article II, Section D, Subsection 12, shall be followed. The Chair, so elected and three (3) Trust Board members receiving the highest number of votes cast by the installed officers of the Trust Board to serve as Vice-Chair, Secretary, and Treasurer, shall hold office for four (4) years; the remaining three (3) Trust Board members shall hold office for two (2) years. Thereafter, each elected Chair or Trust Board member shall serve terms of four (4) years. The first election conducted pursuant to this Article shall be held in the second calendar year following 12 on conducted pursuant to Article II, Section d, Subsection

2. Elections to the Trust Board shall be by secret ballot. Absentee balloting shall be allowed.

3. All members, eighteen (18) years of age or older, who are registered to vote, can vote in all elections and sign petitions.

4. Public notice of the date of election and designation of polling places shall be given at least thirty (30) days and not more than forty-five (45) days prior to the date of elections. Notice shall be given through the United States Postal Service to all members of the Delaware Tribe of Indians eligible to vote and by public notice.

5. Declaration of Trust Board candidacy shall be for either of the following positions: (a) Chair of Trust Board; or (b) member of the Trust Board.

6. Members election to the Trust Board shall take office at the meeting which shall take place the first Saturday after an election at which time they shall take an oath administered by the Chair. In absence of the chair, the Vice-Chair, or Chair Pro-Tem elected by a majority of the General Council shall administer the oath of office.

7. The Trust Board, after being installed in office, shall elect by majority vote of it's members, a Vice Chair, Secretary and Treasurer.

8. Vacancies of elected positions shall remain vacant until the next regular meeting of the Trust Board. The Trust Board shall then appoint a tribal member receiving the majority of the votes of the Trust Board then assembled, to the vacant post. The member chosen in this manner shall serve out the unexpired term of the office.

9. If the Trust Board shall fail to give proper notice of the election or in case a regular election has not been held, the Election Board or Muskogee Area Director, upon receipt of a petition signed by at least 100 registered voters shall call such election and shall give thirty (30) days notice, setting the time and place of the election.

B. ELECTION BOARD. An Election Board shall be chosen by the Trust Board. The Election Board shall consist of five (5) tribal members who shall not be members of the Trust Board, nor candidates for any elective positions within the Delaware Tribe of Indians. The Election Board shall have the responsibility for overseeing elections and shall serve for a term of one (1) year or until their successors are duly chosen and installed.

C. ELECTION REGULATIONS. The Election Board, first selected in accordance with this Trust Document, shall present for approval to the next following Trust Board meeting, proposed election regulations which shall provide for, among other things, mail-out secret balloting, voter registration, absentee voter requirements, and procedures for settling election disputes. Upon adoption by the Trust Board, and approval by the Superintendent of the Tahlequah Agency, the election regulations shall remain in effect until amended by the Trust Board and approved by the Superintendent of the Tahloquah Agency.

ARTICLE V - REMOVAL FROM OFFICE

Any member of the Trust Board shall be subject to removal from office for willful neglect of duty, corruption in office, habitual substance abuse, incompetency, prior or current conviction of a felony or convictions involving moral turpitude, provided, such offenses occurred while the member is in office. Any member of the Trust Board not in attendance two consecutive times (unexcused absences) at regularly scheduled Board meetings shall be subject to removal from office. The Trust Board shall make rules as are necessary for carrying into effect the provisions of this article, insuring therein that due process is afforded the accused.

ARTICLE VI - INITIATIVE, REFERENDUM AND AMENDMENT

A. RESERVED POWER

Not withstanding the provisions of Article II, the members of the Delaware Tribe of Indians reserve to themselves the power to propose resolutions, regulations, or Trust Document amendments and to enact or reject the same at the polls, and also reserve power at their own option to amend or reject any act of the Trust Board. The power of initiative, referendum and amendment shall be exercised by petition. The Trust Board shall make suitable provisions for carrying into effect the provisions of this Article.

B. PETITIONS

A valid petition signed by one hundred (100) voting members of the Delaware Tribe shall be required to propose resolutions, regulations or amendments. The petition shall at the beginning, contain a statement of purpose in clear and concise language. Petitions shall be typed and clearly set forth the proposal. A copy of the petition shall be filed with the Trust Board Secretary and addressed to the Trust Board Chair, prior to obtaining signatures. Petitions not filed will be invalid. Persons signing the petition must print their full legal name, address, and affix their signature. In determining whether the signatures are valid (those of registered voters), only those names which appear on the same page as the "Statement of Purpose" with the text of the proposal, shall be counted. The Trust Board Secretary shall verify the voting status of all persons signing any petition.

C. REFERENDUM

From time to time certain issues may require a mandate of the registered voters. A referendum petition meeting the requirements of Article VI, Section B, and signed by at least one hundred (100) voting members shall require the Trust Board Chair to institute a special election within forty-five (45) days, provided:

1. Voting shall be by secret mailed ballots prepared by the Election Committee;

2. The issue or question is clearly and concisely stated;

3. Notice and mailing of such ballots be accomplished not less than thirty (30) days and no more than forty-five (45) days before the deadline for submission of such ballots; and

4. Due process requirements are met, as provided by the Indian Civil Rights Act of 1968, 25 U.S.C., Section 1302.

D. AMENDMENT

The organizational Trust Document of the Delaware Tribe of Indians may be amended by 2/3 majority vote of the registered voters participating in a duly conducted referendum election. If two or more amendments are pr~posed they shall be submitted in such a manner that electors may vote for or against them separately. No proposal for the amendment of this documents which is submitted to the voters shall embrace more than one general subject and the voters shall vote separately for or against each proposal submitted; provided, however, that in the submission of proposals for the amendment of this document by articles, which embrace a general subject, each proposed article shall be deemed a single proposal or proposition. Amendments so approved will be submitted to the Secretary of the Interior for approval.

ADOPTION OF AMENDMENTS FOR APPROVAL. Adoption of amendments is contingent upon approval by the Secretary Of the Interior. Approval or cause for disapproval by the Secretary must be rendered in writing within 45 days of submission of the amendment to the Secretary of the Interior.

ARTICLE VII - RATIFICATION

     This Trust Document shall become effective upon date of ratification, when ratified by:

    A. Those eligible to vote herein defined as:

      1. Those persons whose name; or

      2. Whose lineal ancestor's name; and

      3. Appear on the per capita roll prepared by the Secretary of the Interior on April 20, 1906; and

      4. Who are also members of (the eligible for membership with) the Cherokee Nation of Oklahoma through the Cherokee Dawes Commission Rolls; and

      5. Who are eighteen (18) years of age or older; and

      6. Who are registered to vote.

A majority of registered voters who vote in this Trust Document Ratification Election of the Delaware Tribe of Indians provided that at least thirty per cent (30%) of those registered voters shall vote.

BACK TO TOP

DELAWARE TRIBE OF INDIANS

PROPOSED MASTER PLAN

PUBLIC LAW 92-456 JUDGMENT FUND PROGRAM DISTRIBUTION

June 3rd, 1991

 

Introduction

 

In keeping with responsibilities entrusted to them by the Delaware Trust Document, The Delaware Trust Board sets forth this plan to govern the implementation and administration of the Delaware Judgment Fund Distribution Program Plan as provided in Public Law 92-456.

 

That the funds will be administered through the Delaware Trust Board to establish a perpetual funding plan for the operations of Tribal Programs as provided:

 

I. Purpose of The Plan

 

The overall purpose of the plan is:

 

1. To safeguard the assets of the Delaware people.

2. To establish rules and regulations that will govern the administration of the plan.

3. To ensure that every eligible Delaware Tribal Member has opportunity to benefit

from the use of the tribal assets and investments.

 

The plan will identify general administrative guidelines to ensure effective delivery of services to the Delaware people.

 

II. Background

 

The Delaware Tribe Disposition of Funds Act P .L. 92-456, H.R. 14267, provided for the disposition of funds appropriated by Congress on judgment claims awarded under dockets 72 and 298.  Specifically Section 4(b) of Public Law 92-456 states :

 

The funds not apportioned to the Absentee Delaware Tribe of Western Oklahoma shall be placed to the credit of THE DELAWARE TRIBE in the United States Treasury and shall be used in the following manner: 90 per centum of such funds shall be distributed in equal shares to each person enrolled pursuant to subsection 2 (I), and 10 per centum shall remain to the credit of the tribe in the United States Treasury , and may be advanced, expended, invested, or reinvested for any purpose that is authorized by the governing body; Provided, That the Secretary of the Interior shall not approve the use of the funds remaining to the credit of the tribe until the tribe has organized a legal entity which in the judgment of the Secretary adequately protects the interests of its members. The Delaware Trust Document has established a Legal Entity.  The Delaware Trust Board has the responsibility for the design of a plan that meets Secretarial approval.

 

III. Judgment Award

 

On December 26, 1969 the United States awarded a claim to the Delaware Tribe of Indians in docket 298, with accumulated interest. The claim was a settlement for the Delaware outlet in Kansas in payment for lands taken in 1856 and 1857 and sold under Treaty f 1854, (10 Stat.1048 involving sale of the Delaware Trust Land).

 

IV. Methodology

 

This plan is the product of a series of meetings, planning, and research by the Delaware Trust Board, and Tribal Staff.  This plan will be implemented as follows:

 

1) Leave the original Delaware Judgment Fund award of approximately $1.5 million under the supervision of the BIA.

 

2) Leave the accumulated interest to date of the Delaware Judgment fund award under the

supervision of the BIA.

 

3) For the purpose of this plan the definition of the Delaware Judgment Fund award shall mean the original award from the Dockets 72 and 298 plus all accumulated interest up to but not including the federal fiscal year prior to the approval date of this plan.

 

4) All annual interest from The Delaware Judgment Fund accumulated during the federal fiscal year immediately prior to the approval date of this plan shall be transferred to the

management of the Trust Board upon approval of this plan.

 

5) All subsequent annual interest from the Delaware Judgment Fund ( commencing from the date of this plan) shall be transferred to the management of the Trust Board upon budget approval by the area Directors office if the BIA.

 

6) All money under the supervision of the Trust Board shall be placed in secure interest bearing accounts.

 

7) All money under the supervision of the Trust Board shall be audited at the conclusion of the Tribal fiscal year by an independent certified public accountant

 

8) There will be no application for tribal services under the programs within this plan until the plan is approved by the Secretary of the Interior of the BIA. Application forms, guidelines and processes shall require the approval of the Trust Board prior to implementation.

 

9) Only registered members of the Delaware Tribe of Indians are eligible to apply for tribal services and programs presented in this plan.

 

10) The payment of services and benefits within this plan shall be made directly to the vendor.

 

11) All funds allocated to a program within this plan that are not properly disbursed at the conclusion of the Tribe's fiscal year shall, upon approval of the Trust Board, be carried over to that programs next fiscal year budget for proper disbursement.

 

12) The Trust Board reserves the right to transfer the investment management of the Delaware.  Judgment Fund from the Bureau of Indian Affairs to a private sector entity (as provided in Public Law 92-456, Section 4(b) upon approval of a properly submitted resolution to the Bureau of Indian Affairs. Such resolution and transfer shall require the approval of the Bureau of Indian Affairs.

 

(a) Neither the United States nor the Secretary of the Interior shall be liable, because of the Secretarial approval of an investment decision under this plan, for any losses encountered with such an investment decision.

 

13) The trust Board reserves the right to withdraw funds from the Delaware Judgment Fund provided:

 

    a) The Trust Board shall require the approval of the Bureau of Indian Affairs.

     

    b) The withdrawal of funds shall not exceed twenty percent (20%) of the total

    Delaware judgment Fund Award.

     

    c) The withdrawal will not reduce the principal below a value of less than $3.8 Million.

     

    d) There shall be no more that one withdrawal from the Delaware Judgment Fund

    during the Tribe's fiscal year.

 

V.  Distribution Plan

 

The Program Plan Distribution will be as follows:

 

Delaware Tribe Distribution Program

 

1) Community Service             25%

2) Economic Development      25%

3) Education                           20%

4) Tribal Operations                10%

5) Reinvestment                      10%

6) Land Management               05%

7) Cultural Preservation            05%

                                               100%

 

VI. Plan of Operation

 

Distribution of Tribal Development Funds

 

The Trust Board will determine the duration, coverage eligibility requirements, commencement date, budget amounts, and rules and regulations for each of the selected distribution areas.

 

Part (I) Community Service -25%

 

The purpose of the Delaware Community Service Program is to promote the general welfare and well being for members of the Delaware Tribe of Indians through support services and technical assistance.

 

The Community Services Program will meet the needs for family and individual support services for the individual members through a family assistance program, which will include a Central Information-Referral Service component.

 

This service program will assist members on an emergency basis with financial assistance. It will

facilitate all available self-help programs to avoid a duplication of services. This service will be flexibleand include all age groups.

 

Eligibility criteria shall be developed by the Community Services Committee with Trust Board Approval. The Criteria items will include.

 

1) Verification of Tribal membership

2) Verification of needs through income guidelines (SEE EXHIBIT -Part 1.0).

 

Part (2) -Economic Development -25%

 

Program monies allocated shall fund an approved economic development program to establish a perpetual funding resource for Tribal economic and social service development.

 

Economic Development Plan

 

The purpose of economic development for the Delaware Tribe is to provide supplemental revenue for tribal programs and jobs and income for tribal members.

 

The Delaware Trust Board will establish an office of ECONOMIC DEVELOPMENT DIRECTOR which will implement the process that will produce results that satisfy the purpose of this plan. The Economic Development Director will be responsible for the administration of the monies allocated for supporting the Delaware Economic Development Plan.

 

The Delaware Trust Board will establish an Economic Development Advisory Board that will be responsible for making recommendations to the Economic Development Director and the Delaware Trust if Board regarding, but not limited to, business development, tribal investments, contract proposals, trust development, corporate development, land acquisition, loan policies, contract management, accounting and employment procedures and guidelines.

 

The Delaware Trust Board will establish guidelines for the operation and authority of the Economic development Advisory Board. (SEE EXHIBIT PART 2.0)

 

Part (3) -Education -20%

 

All educational programs shall be available to all qualified, registered Delaware students regardless of geographical location.

 

The Delaware Tribal Educational Plan is designed to assist qualified Delaware Students in their educations goals.

 

The Educational Committee shall be formed to develop and implement the Educational Plan and the Application Process of the Plan. This committee shall be composed of three members from the Delaware Trust Board and the Delaware Tribal Business Manager as an ex-officio member. (SEE EXIllBIT -PART 3.0)

 

Part (4) -Tribal Operations -10%

 

The purpose of this program is to provide an administrative structure of operations that will implement and maintain the various services called for in the plan. Tribal Operations shall include, but not be limited to, Personnel (a staff to administer tribal affairs); buildings, equipment, facilities, records and Indian News; all related public relations efforts; and all tribal registration and membership data. The Trust Board shall approve all regulations and guidelines pertaining to Tribal Operations. (SEE EXHIBIT 4.0)

 

Part (5) -Reinvestment -10%

 

The trust Board, on an annual basis, will reinvest ten percent of the annual accumulated interest on the principal amount (Delaware Judgment Fund) back into such principal amount. (SEE EXHIBIT -5.0)

 

Part (6) -Land Management

 

Land Management will include the responsibilities of normal maintenance activities of existing property and will include future land acquisition for the purpose of enhancing and supplementing the present land base. (SEE EXIllBIT -6.0)

 

Part (7) -Cultural Preservation -.05%

 

The purpose of the Cultural Preservation Program is to provide greater understanding of the Delaware Indian Culture.

 

In order to further their unique culture, the Delaware Tribe of Indians will implement a preservation program to maintain the language, ceremonies, and traditions of the Lenni Lenape.  The Delaware Trust Board shall develop a committee of Tribal Elders, historians, staff members, and volunteers to implement the program. (SEE EXHIBIT -PART 7.0)

 

Part VII -Conclusions and Recommendations

 

The Delaware Trust Board has worked diligently and conscientiously in preparation of this Master Plan as required in the Delaware 10% Judgment Funds Distribution Program Plan appropriated by the Act of December 26,1969, (83 Stat. 447,453) (unclassified) to pay a judgment in favor of the Delaware Tribe of Indians in Docket 298, and in Docket 72, together with any interest thereon in the Act of Congress dated October 3,1971, P.L. 92-456,86 Stat. 762,25 U.S.C. h1294(b)

 

The Delaware Trust Board has established an effective governance that provides a necessary foundation and condition for social and economic development of the Delaware Tribe. The Delaware Judgment Fund Award provides the Trust Board the opportunity to strengthen the infrastructure and increase the ability of the tribe to organize, plan, develop and administer a comprehensive program to support community, social and economic self-sufficiency.

 

Delaware Proposed Master Plan -Exhibit 1.0 

Community services Part (I)

 

Duration: This program is designed to provide family and individual support services for the Delaware Tribal membership.

 

Coverage: The Community Service Program for the Delaware Judgment Fund will be national in scope to cover enrolled Tribal members as family resource referral service component.

 

Commencement: The program will commence upon approval by referendum of the Tribal membership.

 

Budget: Budgeted amount for Community service from the Delaware Judgment Fund aware will be: National in scope to cover all enrolled tribal members.

 

Budgeted amount for Community Service Plan from the Delaware Judgment

Fund award will be: 25% of the allocated interest money.

 

Regulation

 

The Community Services Program will promote the general welfare and well being for the members of the Delaware Tribe of Indians through support services and technical assistance. This supportive service will meet the need for Delaware Family Assistance and will provide a Central Information -Referral Service component. The services will be available on an emergency basis and will provide such services as financial assistance.

 

Delaware Proposed Master Plan -Exhibit 2.0

Economic Development Part (2)

 

Duration: This program is designed to provide Economic Development for tribal enterprises and will provide a resource for perpetual funding for the Tribal membership.

 

Coverage: The Economic Development Program for the Delaware Judgment

Fund award will be national in scope to provide enrolled Tribal members in an economic base.

 

Commencement: The program will commence upon approval by referendum of the Tribal membership.

 

Budget: Budgeted amounts for Economic Development from the Delaware Judgment Fund award will be: National in scope to cover all tribal members.

 

Budgeted amounts for Economic Development from the Delaware Judgment fund award will be: 25%of the allocated interest money.

 

Regulations

 

The Economic Development Program will be monitored by the Economic Development Planning Committee. Tribal enterprises will be developed only through technical assistance of the advisory board and approval of the Trust Board.

 

The Economic Development Program is designed to assist enrolled Tribal members by providing a resource for perpetual funding, establishing a tribal land base and expanding tribal economic development.

 

Delaware Proposed Master Plan -Exhibit 3.0

Education Program Part (3)

 

Duration: This program will be available as long as funds will permit and renewed annually Coverage: The target groups will include all qualified Delaware students.

 

Commencement: The program will commence upon arrival by referendum of the Tribal membership.

 

 Budget: Budgeted amount for the Educational Program fr