Once again in following with our continued name changing of this newsletter, we offer you the Choctaw Times (replacing the Chickasaw-Choctaw Times). Hopefully, we will not make the newsletter too hard to keep up with.

By this document, the name of this organization shall be the Texas Band of Choctaw Indians of the Mount Tabor Community, known by it's short form of Texas Band of Choctaw Indians, said organization being formerly known as the Texas Cherokees and Associate Bands. Any references to Texas Cherokees and Associate (Affiliated, Associated, etc.) Bands; Texas Cherokees and Twelve Associated Tribes; Angelina River Choctaws; Texas Band of Cherokee, Choctaw and Chickasaw Indians Inc.; Thompson-McCoy Chickasaw & Choctaw Descendants Association; Yawani Choctaws; Band, Tribe or Community, shall by this document, have the same meaning as the Texas Band of Choctaw Indians of the Mount Tabor Community, herein after referred to as the Texas Band of Choctaw Indians.

By this document, the jurisdictional area of the bands is the original Mount Tabor Indian Community within the Enumeration Districts of Henderson Precinct 1 in Rusk County, Texas and Canton Beat (Justice Precinct 2) in Smith County, Texas. The Old Willard Community (in Trinity County, Texas) is recognized as an extension of the Mount Tabor Indian Community, formed by John Martin Thompson in 1881 with the establishment of a mill at Old Willard. The jurisdictional area of the band is therefore all lands currently owned by descendants within the above listed community area, or lands to be owned by the bands or to be held in trust for citizens of the bands within the areas defined for said Indians by the Treaty of February 23, 1836.

All governing documents established by the General Assembly of the Texas Cherokees and Associate Bands, including that of December 23, 1925 as well as the proposed constitutions of August 10, 1977, June 1, 1990 and ratified constitution of March 22, 1998, enrollment ordinance of May 16, 1990 and May 2, 1998 shall be superceded by this document. All claims against the State of Texas or the United States of America by virtue of the actions of the Republic of Texas and/or government of the United States of America or departments thereof, shall not be abridged by this document or any future actions of the Choctaw Business Committee without the majority consent of the Bands membership so exercised through General Assembly. Nothing in this document shall be construed to imply or place any descendants of this band under the auspices of the Lumbee Act of 1956, by virtue of the Cheraw ancestry of Henry Butt Thompson Sr., or his siblings, who left Robeson County, North Carolina prior to 1810 and the said Congressional Act. Further, through association and marriage, said descendants have since historical times and through the Dawes Commission, repeatedly identified with their Choctaw and/or Cherokee ancestral lines, rather than Cheraw lineage.

By virtue of this Article, the Choctaws, Cherokees & Chickasaws of the Mount Tabor Indian Community continue as a confederation of tribes that has existed in one form or another since 1819 within what is now the State of Texas. Such fact is however recognized, that the Choctaws have evolved into a distinct majority of said band and continue to maintain a tribal community, such is therefore reflected in the official change of name of this organization. Refer to Article § 1.1 of this document.

No amendments shall be allowed within this constitution without the consent of the Bands by a two-thirds (2/3) majority of those voting in an amendment election. Such amendment authorizations shall be drafted no later than one hundred twenty (120) days prior to the annual meeting of the General Assembly, for review by all interested parties.

By this document, all lineal descendants of Choctaw, Cherokee and/or Chickasaw Indians, whose ancestors were historically a part of the Mount Tabor Community in Texas as evidenced by the 1860 and 1870 United States Census of Smith County, Texas and/or Rusk County, Texas (refer to Article § 1.2), and who can prove they have and continue to maintain contact with the present day community, shall be eligible for citizenship. No person, who is not of community Indian ancestry in accordance with Articles § 2.2 & § 2.4, proven through band, state and federal records shall be allowed citizenship. The Choctaw Business Committee and the Choctaw Tribal Court shall together draft an enrollment ordinance that clarifies family lines of descent that are recognized as historically a part of the Mt. Tabor Community. Such an enrollment ordinance shall remain in accordance with this document and shall insure that such enrollment is limited to community members by blood.

In granting approval for membership within the band the following prioritization shall be established. This section shall be in accord with part of the mandatory criteria established by the United States Department of the Interior, Bureau of Indian Affairs, Branch of Acknowledgment and Research 25 CFR § 83.7 (b. 2-i). The percentage of descendants who apply for enrollment and do not live within the community shall not exceed forty (40%) percent of the tribes enrollment who are community residents. Once an individual is enrolled, they shall not be subject to residency requirements. A "Community Resident" shall be defined as any citizen by blood that lives within fifteen (15) miles of Overton, Texas.

Second priority of enrollment shall be for Choctaws who are married to other Choctaws living within fifteen (15) miles of Overton, Texas.

There shall be no minimum blood quantum required for citizenship in the Band. However, such blood quantum's shall be determined for band purposes. All blood quantum's will be tabulated based upon the Ancestral List of the Texas Band of Choctaw Indians. Inclusion of other Choctaw, Chickasaw, Cherokee, Creek (Muscogee), Alabama-Coushatta, Lumbee (Cheraw) or additional Indian bloodlines will be done if such inter-marriages occurred within the community prior to 1940. Best available data including the Armstrong Roll of Choctaw Indian land owners, Cooper Roll of 1856, 1818 Chickasaw Annuity Roll, Choctaw and Chickasaw Muster Rolls, Dawes Commission records of the Five Civilized Tribes, Guion Miller enrollment, United States and tribal census data will be used in making blood quantum determinations. All inter-married bloodlines will be recognized as community lines and included in the total compilation of tribal blood quantum's but shall be listed as Choctaw Indian blood.

The Choctaw Business Committee shall have the power to enact ordinances governing citizenship, limitations on enrollment in accord with Article § 2.2, prioritization of enrollment in accord with part of the mandatory criteria established by the United States Department of the Interior, Bureau of Indian Affairs, Branch of Acknowledgment and Research 25 CFR § 83.7 (b. 2-ii), and the loss of citizenship in the Band, as long as such does not conflict with this constitution.

There shall be a number assigned to each individual citizen of the Band. This number shall be referred to as the "roll number".

No person who is an enrolled member of another American Indian Tribe, may be an enrolled citizen of the Texas Band of Choctaw Indians.

All citizens (18) years of age or older shall be deemed qualified electors under the authority of this document.

No enrolled member of another tribe or person who votes as a citizen/member of another tribe/band/nation shall be eligible to vote in a community election.

Nothing in this document shall be construed to prohibit the right of any band member to belong to a recognized clan or organization within the community, or any other Choctaw social organization.

The judicial processes of the Texas Band of Choctaw Indians of the Mount Tabor Community shall be open to every citizen of the band. Speedy and certain remedies shall be afforded under the terms of this document for every wrong and injury to person, property or reputation wherein said remedy does not conflict with the laws of the State of Texas and/or the United States of America. The Choctaw Business Committee shall prescribe the procedures pertinent thereto. The appropriate protections guaranteed to individual tribal members by the Indian Civil Rights Act of 1968, 25 U.S.C. §§ 1301, shall apply to all members of the Texas Band of Choctaw Indians of the Mount Tabor Community, therefore nothing in this document will interfere or change the individual rights and privileges the membership has as citizens of the Band, the State of Texas and/or the United States of America.

All citizens of the band shall have the freedom of conscience, being so able to assemble and speak freely in a peaceful manner for their common good within the limits of state and/or federal law. Further, they shall have the freedom of religious belief and practice without hindrance, and to apply to those invested with powers of government; for redress of grievances or other purposes, by direct address or remonstrance in accordance with 25 U.S.C. § 1302 (8).

The divisions within the government of the Community shall by this constitution follow the same standard as set forth in the proposed constitution of the Texas Cherokees and Associate Bands of August 10, 1977 and ratified constitution of March 22, 1998 The powers of government shall be divided into three (3) distinct departments:

The administrative authority of the band shall be vested in a five (5) member Choctaw Business Committee.

The Committee shall consist of the following: Chairman (Chairperson, Chairwoman); Deputy Chairman (Chairperson, Chairwoman); Treasurer; Secretary; Operations Coordinator, who are enrolled members of the band.

The members of the Choctaw Business Committee are elected by the General Assembly every four (4) years or as needed under special circumstances, beginning on or before September 1, 2001. Prior to this date the Chairman (Chairperson, Chairwoman) of the band may fill vacancies as prescribed by rules established by the General Assembly of the Texas Cherokees and Associate Bands on December 23, 1925.

This document may only be amended by a majority vote of the General Assembly. However, the Choctaw Business Committee may enact rules governing its operation that is not in conflict with this document. All rules changes shall be reviewed by the General Assembly or Choctaw Tribal Court to insure no conflict with this document exists.

The Choctaw Business Committee is responsible for establishing the agendas for all meetings of the General Assembly. All pending vote agendas shall be turned over to the Election Board no later than forty-five (45) days before an annual meeting of the General Assembly.

All band employees shall be hired supervised and/or terminated by provisions established by the Choctaw Business Committee. All such employees shall be subject to due processes before any termination, suspension or other disciplinary action in accordance with policies established by the Choctaw Tribal Court.

The Choctaw Business Committee shall have the following powers:

The Chairman shall preside over all meetings of the Choctaw Business Committee shall perform the usual duties of a Chairman, being the administrative head of the band, exercising the authority delegated to him/her by the General Assembly. The Deputy Chairman shall assist the Chairman when called upon to do so and in the absence of the Chairman, shall preside. When so presiding, he/she shall have the same rights, privileges, duties and responsibilities of the Chairman.

The Secretary shall conduct all band correspondence, except that designated or delegated by the Chairman. The Secretary shall keep an accurate record of all matters transacted at Choctaw Business Committee meetings. It shall be his/hers duty to submit promptly to the President Pro-Temp of the General Assembly and Chief Justice of the Choctaw Tribal Court, copies of all minutes of regular and special meetings of the Choctaw Business Committee.

The Treasurer shall accept, receive receipt for, preserve and safeguard all band funds for which the Choctaw Business Committee is acting as trustee or custodian. He/she shall deposit all funds in such a depository as the General Assembly shall make and preserve a faithful record of such funds and shall report on all receipts and expenditures and the amount and nature of all funds in his/hers possession and custody at each regular meeting of the Choctaw Business Committee and the annual meeting of the General Assembly. An audit of accounts shall be made annually prior to the annual meeting of the General Assembly, or as deemed required by the President Pro-Temp of the General Assembly. He/she shall not pay out or otherwise disperse any funds in his/hers custody, except in accordance with a resolution or prior budget allocation approved by the General Assembly. He/she shall be required to give a bond satisfactory to the Chairman of the Choctaw Business Committee and the President Pro-Temp of the General Assembly, when sufficient funds have accumulated in the treasury in the opinion of the General Assembly.

The Operations Coordinator shall keep records of all projects under the direction of the Choctaw Business Committee and report such activities at all meetings of the Committee.

§ 6.12 OPERATING RULES AND REGULATIONS OF THE CHOCTAW BUSINESS COMMITTEE

All motions, ordinances or rules passed by the Committee shall have the following title: "Be it known by the action of the Choctaw Business Committee"

All resolutions passed by the Committee shall be finished with the words: "By the authority vested in the Choctaw Business Committee by the General Assembly of the Texas Choctaws"

At times members of the Choctaw Business Committee shall receive compensation, including but not limited to salary as provided by legislation passed by the General Assembly.

At the annual meeting of the General Assembly, the Chairman will deliver a speech as to the state of the band, its prospects for the future, corporation status, and his/her vision for the direction that it should take.

Nothing in this document can be construed to prevent the Choctaw Business Committee from appointing such Administrative Assistants or Departmental Directors, as said Committee deems proper to carry out the business of the bands.

Any citizen by blood, who has reached the age of twenty-one (21) years prior to the date of the election, may serve on the Choctaw Business Committee.

No person who has been convicted of, has plead guilty or pled no contest for a felony within the limits of the United States of America, or its possessions thereof, shall be allowed to hold an elected office or an appointed position of trust within the government of the Texas Band of Choctaw Indians, unless such a conviction or plea resulted in a pardon by the governor of the state or possession in question. The Choctaw Business Committee will provide proof of such pardon to the Choctaw Tribal Court prior to any election or appointment.

No member of the Choctaw Business Committee, Choctaw Tribal Court, President Pro-Temp of the General Assembly, and/or any subdivisions thereof, or any person employed by the band, shall receive from any individual, partnership, corporation, or other entity doing business with the band directly or indirectly, any interest, profit, benefits or gratuity, other than wages, salary, per diem or expenses, specifically provided for under Texas state and/or United States Federal law.

In accordance with the resolution of the Texas Cherokees in General Assembly on December 23, 1925 in the city of Miami, Ottawa County, Oklahoma, (R.L. Smith, Secretary) all vacancies on the Choctaw Business Committee shall be filled by "appointments made by the Chairman to a term no longer than the next regularly scheduled meeting of the General Assembly." An extension of this regulation by this document shall be the appointment of all vacancies of officers within the band, subject to approval of the General Assembly.

Any member of the Committee may resign from their said office by submitting a letter of their intent to the Chairman of the Choctaw Business Committee. If it is the Chairman who so desires to resign, such a letter must be submitted to the Deputy Chairman and a copy of said letter submitted to the Chief Justice of the Choctaw Tribal Court.

Membership within the Choctaw Business Committee may be terminated by an Act of the General Assembly, subject to review by the Chief Justice of the Choctaw Tribal Court. Any band member citing a felony violation of Texas State and/or United States Federal Laws to the Chief Justice of the Choctaw Tribal Court may initiate removal of any member of the Committee. Such member shall be deemed suspended by the court but not removed until formal hearings in a court of competent jurisdiction have found the individual guilty. A non-guilty verdict will return the individual to their former status. Any band member citing a misdemeanor violation of Texas State laws to the Chief Justice of the Choctaw Tribal Court may seek the removal of a member of the Choctaw Business Committee if the supposed misdemeanor occurred while in office. The Chief Justice shall review and forward to all other justices the complaint filed. If the justices feel the complaint valid and the misdemeanor of a serious nature, they may suspend the committee member until the issue can be voted on at the next meeting of the General Assembly. Any member of the band may seek redress for removal of a member of the Choctaw Business Committee by petitioning the Chief Justice of the Choctaw Tribal Court, citing a committee member has committed lewdness, incompetence, willful neglect of duties, corruption, moral turpitude, habitual drunkenness or misappropriation of band funds or property. Upon review of the three justices, the Chief Justice will render a decision to suspend, pending the next meeting of the General Assembly, to turn the matter if deemed serious enough to the District Attorney's office or the United States Department of Justice for further investigation. The Choctaw Tribal Court shall enact such codes as are determined necessary for carrying out the provisions of this section, while assuring that due process is afforded the accused committee member.

Upon approval of the General Assembly as soon as funds permit, all elected and/or appointed officers/justices of the band shall be afforded liability insurance to protect them from frivolous laws suits brought against them in the course of their fulfilling their duties during their terms of office. The Choctaw Business Committee shall investigate and take bids on insurance policies to cover officers, presenting this information to the General Assembly for approval. All employees of the bands will be offered insurance in accordance with the requirements of the labor laws of the State of Texas.

The Choctaw Tribal Court shall consist of three (3) judges who are recognized by the Choctaw Business Committee and the General Assembly as having a demonstrated knowledge of state, federal and tribal law. The judges would be enrolled members of the Band. All justices would be chosen by the Chairman of the Choctaw Business Committee, subject to approval of the General Assembly in accordance with Article § 6.21 of this document. The Chairman will chose a Chief Justice who will be the presiding judge, plus one two additional justices. There shall be no term limits for justices who may retain the position as long as they wish, subject to removal by the General Assembly.

It shall be the duty of the Choctaw Tribal Court to review all pending legislation to be placed upon the agenda of the annual meeting of the General Assembly to insure that it is in compliance with this document as well as Texas State and/or Federal laws. If such a discrepancy is noted the Choctaw Tribal Court will inform the President Pro-Temp who will make modifications to the legislation to bring it in accord with this document, or seek an amendment election of the General Assembly.

Any band member may request the Chief Justice perform an inspection of the minutes of the Choctaw Business Committee. It shall be the duty of the Chief Justice to inspect all minutes of meetings of the Choctaw Business Committee requested by said band member to insure compliance with this document. Upon finding any discrepancy, the Chief Justice shall forward to the other justices his/her interpretation of the problem and upon a two-thirds majority (2/3) of the justices, the matter shall be sent to the Chairman of the Choctaw Business Committee for correction. If the Committee Chairman refuses such correction, the Tribal Court will refer the matter to the General Assembly for consideration. All actions of the Committee in relation to this action will be suspended pending the decision of the General Assembly.

The Tribal Court will hear and address all complaints that are related to interpretation of this document, band lands or property; petition for action of a claim by the band for treaty violations by the Republic of Texas and it's successor the United States of America and/or the State of Texas; related to due process in the removal of officers and employees; Actions towards removal of Choctaw Business Committee officials under the following pretences: Any band member citing a felony violation of Texas State and/or United States Federal Laws to the Chief Justice of the Choctaw Tribal Court may initiate removal of any member of the Choctaw Business Committee. Such member shall be deemed suspended by the court but not removed until formal hearings in a court of competent jurisdiction have found the individual guilty. A non-guilty verdict will return the individual to their former status. Any band member citing a misdemeanor violation of Texas State laws to the Chief Justice of the Tribal Court may seek the removal of a member of the Choctaw Business Committee if the supposed misdemeanor occurred while in office. The Chief Justice shall review and forward to all other justices the complaint filed. If the justices feel the complaint valid and the misdemeanor of a serious nature, they will suspend the committee member until the issue can be voted on at the next meeting of the General Assembly. Any member of the band may seek redress for removal of a member of the Choctaw Business Committee by petitioning the Chief Justice of the Tribal Court, citing an committee member has committed lewdness, incompetence, willful neglect of duties, corruption, moral turpitude, habitual drunkenness or misappropriation of band funds or property. Upon review of the three justices, the Chief Justice will render a decision to suspend, pending the next meeting of the General Assembly, to turn the matter if deemed serious enough to the District Attorney's office or the United States Department of Justice for further investigation. The Tribal Court shall enact such codes as are determined necessary for carrying out the provisions of this section, while assuring that due process is afforded the accused committee member. The Tribal Court may also act as a mediator in civil disputes between band members if called upon to do so and may in fact rule in cases related to band constitutional authority. The Tribal Court will not rule or act to involve it's self in other civil or criminal matters that are beyond the scope of this document.

All rules of operation, hours, times and form of meetings of the Tribal Court shall be set by the justices themselves in accord with this document.

Any band member citing a felony violation of Texas State and/or United States Federal Laws to the President Pro-Temp of the General Assembly may initiate removal of any justice of the Choctaw Tribal Court. Such member shall be deemed suspended by the General Assembly but not removed until formal hearings in a court of competent jurisdiction have found the individual guilty. A non-guilty verdict will return the justice to his/hers former status. Any band member citing a misdemeanor violation of Texas State laws to the President Pro-Temp of the General Assembly may seek the removal of a justice of the Tribal Court if the supposed misdemeanor occurred while in office. The President Pro-Temp of the General Assembly shall review and forward to all other justices and Choctaw Business Committee members the complaint filed. If the President Pro-Temp of the General Assembly feels the complaint valid and the misdemeanor of a serious nature, they will suspend the Tribal Court justice until the issue can be voted on at the next meeting of the General Assembly. Any member of the band may seek redress for removal of a member of the Tribal Court by petitioning other Justice's of the Tribal Court or the President Pro-Temp of the General Assembly, citing a Tribal Court justice has committed lewdness, incompetence, willful neglect of duties, corruption, moral turpitude, habitual drunkenness or misappropriation of band funds or property. Upon review of the other two justices and the President Pro-Temp of the General Assembly who together form a judicial committee, the said committee will render a decision to suspend, pending the next meeting of the General Assembly, to turn the matter if deemed serious enough to the District Attorney's office or the United States Department of Justice for further investigation. The Tribal Court and the General Assembly shall enact such codes as are determined necessary for carrying out the provisions of this section, while assuring that due process is afforded the accused Tribal Court justice.

When requested by the Chairman of the Choctaw Business Committee, a justice may act on behalf of the band as a negotiator with Texas State, Federal or other tribal entities.

The Tribal Court does reserve the right to go beyond the scope of aforementioned powers, when authorized by the General Assembly to do so, or by this document.

The Tribal Court is the final authority on band constitutional law. Changes to this document in relation to a Tribal Court ruling shall come only through an appropriate amendment election of the General Assembly.

Any band member who wishes to view the financial, land, legal, proposal or other records of the Choctaw Business Committee may do so by requesting the Chief Justice of the Tribal Court to order an opening of Choctaw Business Committee records. The Chief Justice will then notify the band member of the times and places the Committee has made available for this review. At no time may the Choctaw Business Committee withhold records from the Tribal Court or the President Pro-Temp of the General Assembly. The Chief Justice will further, seek and annual audit of band financial records at least three (3) months prior to a meeting of the General Assembly.

Nothing in this document can be construed to prevent the Tribal Court from appointing such Administrative Assistants or Departmental Directors, as the Tribal Court deems proper to carry out the business of the court.

An Election Board composed of five (5) members shall be appointed by the Tribal Court for the carrying out of elections called for by the General Assembly. All non-floor votes, such as for constitutional amendments or elections of officers, removal of officer's etc. shall come under the following criteria with oversight of the Election Board.

All justices on the Tribal Court shall be tiled "Judge" in all band documents and in their correspondence, except for the Chief Justice who may use the term "Chief Justice" in correspondence.

Any member of the Tribal Court, who so desires to resign from the said position of justice, may do so at their discretion by giving a letter of such intent to the Chairman of the Choctaw Business Committee. Such letter shall be given thirty (30) days prior to the actual resignation of said justice

The Tribal Court shall be responsible for insuring the Choctaw Business Committee maintains the incorporation of the band within the State of Texas originally issued August 23, 1990, Charter number 01164544-01.

The General Assembly shall consist of all enrolled citizens by blood of the Texas Band of Choctaw Indians of the Mount Tabor Community. All eligible voters shall be termed electors. Individuals must be at least eighteen (18) years of age on or before the day of the annual meeting of the General Assembly to be considered a qualified elector.

The General Assembly shall meet annually at a predetermined location convenient for those that travel some distance to be able to attend and acquire appropriate lodging.

The President Pro-Temp or those designated by him/her shall be responsible for acquiring appropriate lodging and meeting facilities. However, the expense of which shall be borne by the delegates themselves.

All elections shall be determined by secret ballot. All majority votes of the General Assembly are final until the next annual meeting of the General Assembly. (Refer to § 7.9 of this document on constitutional authority)

Absentee votes may be counted for totals during the meeting of the General Assembly on all agenda items. Non-agenda items may be voted on but no final decision shall be approved for a period of thirty (30) days to allow the Election Board an opportunity to submit absentee ballots to all absentee electors.

A President Pro-Temp of the General Assembly shall be elected annually by the General Assembly.

The General Assembly shall make its own rules and regulations for the conduct of its own business.

All laws and amendments passed by the General Assembly shall carry the title: "Be it enacted by the General Assembly of the Texas Choctaws" All Resolutions passed by the General Assembly, shall carry the title: "Be it resolved by the General Assembly of the Texas Choctaws"

The General Assembly shall pass no laws, ordinances, resolutions or other binding documents that are retroactive.

The credit or any financial liability of the Band shall not be given, loaned or utilized in any manner without the expressed permission of the General Assembly.

Annual expenditures shall not exceed annual income.

In accordance with Article VIII, Sections 1-3, of the March 22, 1998 Constitution of the Texas Cherokees and Associate Bands, the Bands shall continue to pursue a settlement of the longstanding grievance with the State of Texas and the United States of America. This regarding the Treaty of February 23, 1836 and the Treaty of Birds Fort on September 29, 1843 with the Republic of Texas. The latter treaty being so ratified by action of the Congress of the Republic of Texas in 1844, that said treaty was in force with the State of Texas after annexation by the successor government, the United States of America in 1845. That such treaties granted formal recognition of the Texas Cherokees and Twelve Associated Tribes. Further, that our said people are the only group of said tribes that are not Federally Recognized as an American Indian Tribe and that such recognition formerly being granted shall be pursued in addition to any claims due the Choctaw and Cherokee people resulting from the violations of said treaty with the Republic of Texas.

In accordance with previous mandates and pursuant to the direction of the General Assembly, so assembled on June 19, 1998, it shall be the objective of the said General Assembly to pursue Federal Acknowledgment as an American Indian Tribe, pursuant to United States Code 25 CFR §§ 83.1-11, by the Secretary of the Interior or his representative within the Bureau of Indian Affairs. Or through any other means at the disposal of the General Assembly including but not limited to:

In accordance with this section, the General Assembly may render this constitution null and void in part or in whole, if so warranted to accomplish the goals outlined previously in Article § 8.12. Doing so in order to place the band in a position to be adopted into another federally recognized American Indian Tribe and/or to make the constitution acceptable to the Secretary of the Interior upon gaining acknowledgment as an American Indian Tribe pursuant to United States Code 25 CFR §§ 83.1-11.

The General Assembly, prior to its implementation shall approve all budgets.

Any powers not expressly mentioned or vested in any division of band/community government in this constitution shall not be abridged, but may be adopted through appropriate amendments, resolutions, initiatives and other legislative remedies as required by and through the General Assembly.

The official seat of government by the document, shall be in the city of Overton, Texas. However, until funding permits, the temporary seat of government shall be at 2720 Sunnybrook Drive, Tyler, Smith County, Texas.

The fiscal year of the Bands shall begin on 1 September of each year.

The Choctaw Business Committee shall prepare a budget for submission and approval to the General Assembly, prior to its implementation.

The Choctaw and allied peoples of the Mount Tabor Community, reserve to themselves the power and rights through General Assembly to propose laws and amendments to this constitution and other documents enacted by the Choctaw Business Committee or to change laws so ruled upon by the Choctaw Tribal Court as deemed necessary by the membership of the Bands.

Any enrolled member may initiate a petition for a referendum or constitutional amendment by collecting a minimum of fifty (50) signatures of qualified electors at least forty-five (45) days before a scheduled meeting of the General Assembly. This shall be presented to the Chief Justice of the Choctaw Tribal Court, who after reviewing the signatures and deeming them valid, shall forward the petition to the Election Board within fifteen (15) days for inclusion of a vote at the next meeting of the General Assembly. Any petition forwarded to the Chief Justice less than forty-five (45) days before a regularly scheduled meeting of the General Assembly with from fifty (50) to ninety-nine (99) signatures shall be ruled on by the Chief Justice as to whether it shall be brought before the General Assembly. The Chief Justice shall bring a petition with one hundred (100) or more signatures to a floor vote. Such a vote will only be binding after absentee electors have an adequate opportunity to review the petition in accordance with Article § 7.12

This constitution shall become effective in part as of November 1, 2000, but shall be put before the band for a vote on or before September 1, 2001.

Pursuant to Article § 2.1 of the constitution of the Texas Band of Choctaw Indians, this document does hereby establish an Enrollment Ordinance for the purposes of clarification of criteria and procedures for establishing that an applicant qualifies for enrollment as a Citizen by Blood of the Texas Band of Choctaw Indians. This enrollment ordinance shall be in effect during periods of open enrollment only. During non-enrollment periods refer to Article § 2.1-6 of the constitution of the Texas Band of Choctaw Indians.

For the purposes of enrollment all applicants must prove lineal descent from Margaret Thompson (nee McCoy) 1/2 Choctaw Indian. With the exceptions of Sally Fanning (nee Doak) 1/2 Choctaw Indian, Annie Thompson (nee Martin) 1/2 Cherokee Indian, Ruth Bean (nee Starr) 1/4 Cherokee Indian, Cornelius Benjamin Cooper 1/2 Cherokee Indian, George Washington Harnage 1/4 Cherokee Indian, Nancy Harnage (nee Mayfield) 1/8 Cherokee Indian, providing descendants of the exceptions can prove continued community residence prior to 1975.

EO §§ 2.2 Enrollment will be open for all qualified descendants from January 1, 2001 to December 31, 2001. Those applicants who submitted applications from July 1, 1999 to January 1, 2001 need not re-apply. Following the closure of the open enrollment period, only children born to enrollees after the closure date may be allowed to enroll. Priority of enrollment shall not apply to these children. Other periods of open enrollment shall be determined by the General Assembly.

EO §§ 2.3 Prioritization of enrollment will be practiced by the Choctaw Business Committee to insure compliance with Article § 2.2 & 2.4 of the constitution of the Texas Band of Choctaw Indians. "Refer to 25 CFR § 83.7 (b. 2-i & ii)." Prioritization in enrollment will occur in the following manner:

The seventh priority of enrollment shall be for all Choctaw descendants of Sally Fanning and/or Cherokee descendants of individuals listed in EO §§ 2.1.

EO §§ 2.4 At no time shall more than sixty (60%) percent of the enrolled members be living more than 20 miles from Overton, Texas.

EO §§ 2.5 Any person so enrolled as a member of another American Indian Tribe shall not be allowed membership in of the Texas Band of Choctaw Indians.

EO §§ 2.6 All Indian blood included in a calculation of the total blood quantum shall be designated as Texas Choctaw Indian blood.

EO §§ 2.7 No person applying for membership shall be discriminated against based upon their race, ethnicity, religion, or political beliefs as long as all other criteria for proving Texas Choctaw ancestry are met.

All applicants seeking to be enrolled as citizens by blood of the Texas Band of Choctaw Indians must submit a completed application for membership (to the address listed on the top of the application) and family tree chart linking them to a Texas Choctaw Indian ancestor listed on the Texas Band of Choctaw Indians Ancestral List. Additionally, they must submit a certified state birth certificate along with other birth and death records linking them to the aforementioned ancestor. United States Census records may be used in combination with other sources such as, Dawes Commission testimony for inclusion on the final rolls of the Choctaw Nation, probate records or other records and/or affidavits acceptable to the Choctaw Business Committee.

EO §§ 3.2 If an applicant possess a Certificate of Degree of Indian Blood (CDIB) card from the Department of the Interior, Bureau of Indian Affairs, they must submit a copy of such along with their application for enrollment.

EO §§ 3.3 Following a review of the submitted data the applicant shall be sent a letter stating if they were accepted as a citizen by blood in the Texas Band of Choctaw Indians or if any deficiencies were present. If said deficiencies are present the application will be on hold for a minimum of one hundred twenty (120) days in order for the applicant to clear up any of the noted deficiencies. Following this period, the application will be returned to the applicant and the process will have to start over again. All data received on applications accepted shall become the property of the Texas Band of Choctaw Indians.

EO §§ 3.4 All children of enrolled members or applicants for membership must submit a separate application in order to be recognized as a citizen by blood of the Texas Band of Choctaw Indians

EO §§ 3.5 Upon verification of submitted date and a positive determination of enrollment a "Certificate of Citizenship" and membership card shall be sent to the applicant. The "Certificate of Citizenship" shall list the descent from the applicants to a recognized Texas Choctaw ancestor(s) as well as list the recognized degree of Texas Choctaw Indian blood. The membership card shall consist of the enrollee's full name, degree of recognized Texas Choctaw Indian blood, roll number and date of birth. The Chairman of the Choctaw Business Committee shall sign the card.

EO §§ 3.6 Any applicant who is determined to be a member of another American Indian Tribe shall be determined ineligible to enroll as a citizen by blood of the Texas Band of Choctaw Indians. If said applicant is eligible otherwise for inclusion as a citizen by blood in the Texas Band of Choctaw Indians, he/she shall be given ninety (90) days in which to elect the tribe/nation/band of which they desire to retain membership. If they fail to respond and/or do not select to be recognized as a citizen by blood of the Texas Band of Choctaw Indians, their application or status will be changed to inadmissible. Notifications of all actions shall be sent to the other tribe/nation/band regarding actions taken by the Choctaw Business Committee.

This enrollment ordinance is designed to establish criteria for inclusion on the membership rolls as a citizen by blood of the Texas Band of Choctaw Indians. Its authority from the Choctaw Business Committee (granted by the General Assembly of December 23, 1925) in accordance with Article § 2.1-6 of the constitution of the Texas Band of Choctaw Indians. This document becoming effective on November 1, 2000.

1 November 2000

By the authority vested in the Choctaw Business Committee through action of the General Assembly of June 19, 1999 and authority granted in Articles § 6.7.a-b & § 8.12.a of the Constitution of the Texas Band of Choctaw Indians of the Mount Tabor Community, we hereby submit this resolution as our official letter of intent to petition for Federal Acknowledgment as an American Indian Tribe, pursuant to 25 CFR § 83.7.

Further, this is our second submission of a letter of intent. The Department of the Interior, although acknowledging receipt, never recognized our first attempt in 1990 under the name of Texas Band of Cherokee, Chickasaw and Choctaw Indians, Inc., as it was only signed by the Chairman. However, since then, another group whose Chairman was the only signator, was accepted in 1992 under the name Sandy Lake Band of Ojibwe. Therefore, we feel the Bureau of Indian Affairs violated its own protocols (current codes under 25 CFR § 83.9) by accepting the Ojibwe letter and not ours. Additionally, similar to the Ione Band of Miwok Indians, the Texas Cherokees and Associate Bands first sought federal recognition as a distinct entity in the 1800's, following the close of the American Civil War in which the Mt. Tabor Community acted as a headquarters for the Confederate Cherokees in Texas. Such efforts by the TCAB are well documented and our petition should be noted as first seeking acknowledgment as early as 1866, when the Confederate Cherokee delegation, of whom three of the five delegates were from Mt. Tabor, with the other two having Ridge Party and Texas Cherokee connections, sought separate tribal status for southern Cherokees. Also, in 1871 under the TCAB name, the group led by former Mt. Tabor residents William Penn Adair and Clement Neely Vann, sought a return of Texas lands on which Mt. Tabor was located, and recognition as a separate entity.

Further, that although we are submitting this resolution as a letter of intent to petition the United States Department of the Interior, Bureau of Indian Affairs-Branch of Acknowledgment and Research as an American Indian tribe pursuant to 25 CFR § 83.7; we hereby reserve the right to pursue acknowledgment through the Congress of the United States of America, Presidential Executive Order, adoption into another federally recognized tribe or through the United States Court of Claims based upon previous unambiguous recognition by the Republic of Texas and its successor government the United States of America. Additionally, any case before the United States Court of Claims will also be pursued based upon the evidence that the Bureau of Indian Affairs purposely ignored the longstanding relationship with the Texas Cherokees and Associate Bands in the approval of the 1975 Constitution of the Cherokee Nation of Oklahoma. We feel this is in direct relation to our longstanding land claim based upon the treaty of 1836 in which 1.5 million acres of east Texas land was granted to the Cherokees and Twelve Associated Tribes of which our people were included. At no time during the discussions or approval process was support offered to TCAB descendants remaining in Texas by the Bureau of Indian Affairs to assist us in gaining separate acknowledgment, nor was any provision for the TCAB descendants in Oklahoma made other than membership in the Cherokee Nation of Oklahoma. It should also be noted that the TCAB as a unit never was allowed to vote on acceptance of the Cherokee constitution, thus in a sense resulting in a coup de tat, that appears as a deliberate effort by the Bureau of Indian Affairs at that time to dissolve the TCAB. This in effect appeared to put the land claim to rest, but not for us. While it can be argued that W.W. Keeler had moved in a direction of only seeking restitution for Oklahoma Cherokees by 1963, as evidenced by the brief presented to the Texas Attorney Generals Office, this certainly was not the case in all previous attempts going back to 1871, nor was it the will of the majority of TCAB descendants in Texas or Oklahoma in 1963.

In order to push the acknowledgment project into high gear funding is required. The band will be seeking such funding from the Administration for Native Americans for status clarification.

Deepest sympathy is extended to the family of Dr. Irvin Marion May of Bryan who passed away June 9, 2000 after suffering a stroke at Texas A&M University at College Station.

Editor: J.C. Thompson

Graphics/Webmaster: Jesse Thompson

Red Eagle Lodge Trading Co., Fallon, Nevada

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