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AMENDMENT
AMENDMENT I Article VIII - Land, shall be amended to contain a new section 15, reading as follows: “Section 15. The trapping, shooting, and killing of muskrats in any manner within the boundaries of the Bad River Reservation shall not be permitted for three (3) years after the date of approval of this amendment by the Secretary of the Interior. Thereafter, such animals may be taken only by the Business Muskrat Fur Farm, which shall be operated as a permanent tribal enterprise for the sole benefit of the members of the Bad River Band of Chippewa Indians.”
I, Oscar L. Chapman, the Assistant Secretary of the Interior of the United States of America, by virtue of the authority granted by me the Act of June 18, 1934 (48 Stat. 984), as amended, do hereby approve the attached amendment I, amending the Constitution and By-laws of the Bad River Band of Chippewa Indians, Wisconsin.
Approval recommended:
Asst. Commissioner. /s/ Oscar L. Chapman
SEAL
AMENDMENT II Article VIII, Section 15, as amended, shall be further amended to read as follows:
“Sec. 15. The trapping, shooting, and killing of muskrats in any manner within the boundaries of the Bad River Reservation shall not be permitted until after November 1, 1944. Thereafter such animals may be taken only by the Business Muskrat Fur Farm, which shall be operated as a permanent tribal enterprise for the sole benefit of the members of the Bad River Band of Chippewa Indians.”
Pursuant to an order, approved on October 13, 1944, by the Assistant Secretary of the Interior, the attached amendment to the tribal constitution was submitted for ratification to the qualified voters of the Bad River Band of the Lake Superior Tribe of Chippewa Indians of the State of Wisconsin, and was on October 23, 1944, duly adopted by a vote of 76 for and 5 against, in an election in which over 30 percent of those entitled to vote cast their ballots in accordance with Section 16 of the Indian Reorganization Act of June 18, 1934 (48 Stat. 984), as amended by the Act of June 15, 1935 (49 Stat. 378).
/ s/ Carl Maday Chairman, Tribal Council
/s/ Alfred LaPointe Acting Secretary, Tribal Council /s/ J. C. Cavill Superintendent, Great Lakes Agency
I, Oscar L. Chapman, the Assistant Secretary of the Interior of the United States of America, by virtue of the authority granted me by the Act of June 18, 1934 (48 Stat. 984), as amended, do hereby approve the attached Amendment II, amending the Constitution and By-laws of the Bad River Band of Chippewa Indians, Wisconsin.
Approval recommended: October 26, 1944.
/s/ William Zimmerman, Jr. Assistant Commissioner SEAL /s/ Oscar L. Chapman Assistant Secretary
Washington, D.C., October 31, 1944
AMENDMENT III Section 1. Article IV, Elections, shall be amended to read: ARTICLE IV - ELECTIONS Section 1. Qualified voters shall be all members of the Bad River Band of Chippewa Indians 18 years of age or older, on the day of the election.
Section 1. Article IV, Elections, shall be further amended by adding a subsection (a) to read as follows: ARTICLE IV - ELECTIONS Section 1.(a) Qualified voters may vote in absentee by requesting an absentee ballot in writing from the election committee thirty (30) days prior to election day.
AMENDMENT V Section 2. Article IV, Election, shall be amended to read as follows: ARTICLE IV - ELECTIONS Section 2. Any member of the Band is eligible to be elected to the Tribal Council, provided he/she is 21 years of age or older on the day of the election, and a resident of the Bad River Reservation for not less than one (1) year preceding the date of election.
AMENDMENT VI Section 1.(h) Article VI, Powers, shall be amended to read as follows: ARTICLE VI - POWERS Section 1. (h) To levy taxes upon members of the Band and/or their property and to levy taxes or license fees, subject to review by the Secretary of the Interior, upon non-members or their property located within the Reservation; Provided, however, that any such assessment upon members of the Band shall have the approval of a majority of the voters of the Band at a special election at which at least 30 percent of the eligible voters of the Band shall vote.
AMENDMENT VII Section 1. (n) Article VI, Powers shall be amended by adding subsections as follows: ARTICLE VI - POWERS Section 1. (n)1. By banning the taking of fish by any means during the spawning season from the waters of the Kakagon sloughs and river, Wood Creek, and the Bear Trap Creek, by members and non-members except for the fish needed by the fish hatchery located on the Bad River Reservation, and other lawfully authorized personnel in the performance of their duties, i.e. U.S. Fish and Wildlife Service.
2. To establish a closed season on deer so as to prevent the taking of doe's while they are carrying their unborn young - ban to include members and non-members.
3. To empower the Tribal Council to regulate ricing as to the days and time of day to harvest wild rice, so as to ensure a full growing season. The Tribal Council will act on the recommendation of the tribal game wardens as when to post the time and date to rice on Kakagon, Sandcut, Wood Creek, and Bear Trap Creek. Regulation will apply to members and non-members.
4. On recommendation of the tribal game wardens, and the U.S. Fish and Wildlife Service, as to the estimated number of each species of furbearing animals within the exterior boundaries of Bad River Reservation, the Tribal Council will decide if there is a need to establish a quota and/or a limited season for trapping so as to not over trap and deplete this resource.
5. In addition to the limited ordinance 1, 2, 3, and 4, non-members will obey all tribal ordinances on hunting, fishing, trapping, and ricing on all lands and waters within the exterior boundaries of the Bad River Indian Reservation at all times.
6. On recommendation of the tribal game wardens, and the U.S. Fish and Wildlife Service, that sound resource management together with the fish hatchery's restocking efforts has resulted in very substantial increase of fish, the Tribal Council may lift the ban on fishing for home use to tribal members only.
AMENDMENT VIII Section 1. (q) of Article VI, Powers shall be amended by adding a new paragraph to read as follows: ARTICLE VI - POWERS Section 1. (q) To promulgate and enforce ordinances, which shall be subject to review by the Secretary of the Interior, governing the conduct of members of the Bad River Band, and of non-members of the Reservation providing for the maintenance of law and order; and providing for the administration of justice by establishing an Indian court and defining its duties and powers.
AMENDMENT IX Section 1. (t) Article VI, Powers shall be amended to read as follows: ARTICLE VI - POWERS Section 1. (t) To regulate, by enactment or ordinances, the activities of hunting, fishing, ricing, trapping, boating, snowmobiling, and recreational vehicles by members and non-members within the exterior boundaries of the Bad River Reservation, as defined in Article 1 - Section 1 of the Constitution, including the power to limit boat and motor sizes of members and non-members, to levy taxes or license fees upon members and non-members for such activities.
AMENDMENT X Section 1. Article VI, Powers shall be amended by adding a subsection (v) to read as follows: ARTICLE VI - POWERS (v) To bring suit in any State or Federal Court to enforce any of the Band's tribal ordinances.
AMENDMENT XI Section 1. Article VI, Powers shall be amended by adding a subsection (w) to read as follows: ARTICLE VI - POWERS (w) To enact ordinances governing the planning, zoning and other uses regulating to all lands and water areas within the exterior boundaries of the Bad River Reservation regardless of land ownership.
AMENDMENT XII Section 15 of Article VIII, Lands, as amended by Amendment I approved December 1, 1942, and Amendment II approved October 31, 1944, to the Bad River Constitution shall be deleted.
Section 15. The trapping, shooting, and killing of muskrats in any manner within the boundaries of the Bad River Reservation shall not be permitted until after November 1, 1944. Thereafter such animals may be taken only by the Business Muskrat Fur Farm, which shall be operated as a permanent tribal enterprise for the sole benefit of the members of the Bad River Band of Chippewa Indians.
AMENDMENT XIII Section 1 (a), Article II - MEMBERSHIP shall be amended to read as follows:
ARTICLE II - MEMBERSHIP
Section 1 (a) All persons of Bad River Chippewa Indian blood, whose name appears on any official allotment rolls of the Bad River Reservation, the names of all these Indians shall be entered on a roll and this roll shall be known as the “Basic Membership Roll”.
I, Casimir L. LeBeau, Acting Area Director, Minneapolis Area, Bureau of Indian Affairs, by virtue of the authority granted to me by delegated authority from the Commissioner of Indian Affairs dated March 4, 1972, do hereby approve Amendment No. XIII to the Constitution and Bylaws of the Bad River Band of Lake Superior Chippewa Indians of Wisconsin. Acting Area Director Minneapolis, Minnesota Date: January 11, 1978
AMENDMENT XIV Section 1 (b), Article II - MEMBERSHIP shall be amended to read as follows: ARTICLE II - MEMBERSHIP Section 1 (b) Any lineal descendant of a member whose name appears on the “Basic Roll” and provided, such person is not enrolled with another tribe, band or group of Indians.
I, Casimir L. LeBeau, Acting Area Director, Minneapolis Area, Bureau of Indian Affairs, by virtue of the authority granted to me by delegated authority from the Commissioner of Indian Affairs dated March 4, 1972, do hereby approve Amendment No. XIV to the Constitution and Bylaws of the Bad River Band of Lake Superior Chippewa Indians of Wisconsin. Acting Area Director Minneapolis, Minnesota Date: January 11, 1978
AMENDMENT XV Section 1, Article II - MEMBERSHIP shall be amended by adding a new sub-section (d) which shall read as follows:
ARTICLE II - MEMBERSHIP
Section 1 (d) Living lineal descendants, born prior to the effective date of this amendment, shall identify themselves, by filing an enrollment application with the Membership Committee within six months after the effective date of this amendment. All descendants born after the effective date of this amendment shall be identified for enrollment by an application filed with the Membership Committee, by the parents or guardian, within sixty days after birth of descendant. Living lineal descendants who have not been enrolled within this time period will then have to apply for membership through the adoption process.
I, Casimir L. LeBeau, Acting Area Director, Minneapolis Area, Bureau of Indian Affairs, by virtue of the authority granted to me by delegated authority from the Commissioner of Indian Affairs dated March 4, 1972, to hereby approved Amendment No. XV to the Constitution and Bylaws of the Bad River Band of Lake Superior Chippewa Indians of Wisconsin. Acting Area Director Minneapolis, Minnesota Date: January 11, 1978
AMENDMENT XVI Section 1, Article II - MEMBERSHIP shall be amended by adding a new sub-section (e) which shall read as follows:
ARTICLE II - MEMBERSHIP
Section 1 (e) There shall be no extension of enrollment period beyond cutoff dates as defined in Section 1 (d) Article II - Membership. There shall be no such cutoff date for adoption.
I, Casimir L. LeBeau, Acting Area Director, Minneapolis Area, Bureau of Indian Affairs, by virtue of the authority granted to me by delegated authority from the Commissioner of Indian Affairs dated March 4, 1972, do hereby approved Amendment No. XVI to the Constitution and Bylaws of the Bad River Band of Lake Superior Chippewa Indians of Wisconsin. Acting Area Director Minneapolis, Minnesota Date: January 11, 1978
AMENDMENT XVII Section 4, Article II - MEMBERSHIP shall be amended by adding a new sub-section (a), (b), (c) and (d) which shall read as follows:
ARTICLE II - MEMBERSHIP
Section 4 (a) Any non-member, Indian applying for adoption into the Bad River Band of Chippewas, must prove relinquishment of membership in all other tribes, bands or groups of Indians.
Section 4 (b) Any non-member Indian who has been duly adopted into the Bad River Band of Chippewa Indians shall have all the same rights and privileges as a member who has been duly enrolled in the Band.
Section 4 (c) Applications for adoption must be filed with the Membership Committee six months prior to the annual Tribal Council Election. Applications screened by the Membership Committee and acted upon by the Tribal Council shall be posted 60 days before the date of the annual Tribal Council Election.
Section 4 (d) Membership rights and privileges shall not apply to non-members who have been honorarily adopted.
I, Casimir L. LeBeau, Acting Area Director, Minneapolis Area, Bureau of Indian Affairs, by virtue of the authority granted to me by delegated authority from the Commissioner of Indian Affairs dated March 4, 1972, do hereby approve Amendment No. XVII to the Constitution and Bylaws of the Bad River Band of Lake Superior Chippewa Indians of Wisconsin. Acting Area Director Minneapolis, Minnesota Date: January 11, 1978
Section 1, Article II - MEMBERSHIP shall be amended by adding a new section (5) which shall read as follows:
ARTICLE II - MEMBERSHIP
Section 6 The Membership Committee shall issue an identification card to bona fide members of the Bad River Band of Chippewa Indians, displaying name, enrollment number, birthdate and sex of Band member. Small fee to be set by the Tribal Council to cover printing cost.
I, Casimir L. LeBeau, Acting Area Director, Minneapolis Area, Bureau of Indian Affairs, by virtue of the authority granted to me by delegated authority from the Commissioner of Indian Affairs dated March 4, 1972, do hereby approved Amendment No. XVIII to the Constitution and Bylaws of the Bad River Band of Lake Superior Chippewa Indians of Wisconsin. Acting Area Director Minneapolis, Minnesota Date: January 11, 1978
AMENDMENT XIX Section 2, Article III - GOVERNING BODY shall be deleted completely and amended to read as follows:
ARTICLE III - GOVERNING BODY
Section 2. The first election for Tribal Council to be held after the effective date of this amendment shall be held within 70 days thereafter, the Tribal Council election shall be held on the first Tuesday following the first Monday of the month of November. Newly elected officials shall take office five days after election.
(a) The Band members shall caucus within 10 days after the effective date of this amendment to nominate the candidates who shall campaign for election to the Tribal Council at the first election. Thereafter, the Band members shall caucus within 60 days prior to each Tribal Council election to the Tribal Council.
(b) The incumbent Tribal Council shall establish by resolution an ad hoc election committee, composed of three Tribal members. It shall be the duty of each Election Committee to draft regulations and controls to govern both the caucus and the Tribal Council elections.
The first ad hoc election committee shall determine the date and place for the caucus and the date and place for the first Tribal Election.
(c) The committee shall preside over both the caucus and the Tribal Council election.
(d) The committee shall administer the oath of office to the candidates duly elected to office.
(e) If any member of the election committee is nominated as a candidate for office, and if that member chose to run, then that member shall resign from the election committee, immediately upon conclusion of the caucus. Vacancy to be filled by the incumbent Tribal Council.
(f) All regulations pertaining to the Tribal Caucus and the Tribal Council election, drafted by the election committee, shall be submitted to the Tribal Council. The Tribal Council, on approval, shall by resolution, enact the proposed regulations.
I, Casimir L. LeBeau, Acting Area Director, Minneapolis Area, Bureau of Indian Affairs, by virtue of the authority granted to me by delegated authority from the Commissioner of Indian Affairs dated March 4, 1972, to hereby approve Amendment No. XIX to the Constitution and Bylaws of the Bad River Band of Lake Superior Chippewa Indians of Wisconsin. Acting Area Director Minneapolis, Minnesota Date: January 11, 1978
AMENDMENT XX Section 3, Article III - GOVERNING BODY shall be deleted completely and amended to read as follows:
ARTICLE III - GOVERNING BODY
Section 3. Seven candidates shall be elected to serve on the Tribal Council on the first election after the effective date of this amendment.
Tribal Chairperson, Treasurer, and the two Senior Council members two year terms beginning with the first election.
The office of Tribal Chairperson shall be a full time occupation and shall pay a livable salary.
The Tribal Vice-Chairperson, Secretary, and one Junior Councilmember shall serve a one year term beginning with the first election. Thereafter, The Tribal Vice-Chairperson, Secretary and the one Junior Councilmember shall serve two year terms beginning with their second election.
The Band member in caucus shall nominate candidates for each specific Tribal Council position.
Of the candidates nominated for office, the one receiving the largest number of votes for each specific office shall be deemed elected, with the exception of the two Senior Council members, in which instance, the two candidates receiving the largest number of votes shall be deemed elected.
I, Casimir L. LeBeau, Acting Area Director, Minneapolis Area, Bureau of Indian Affairs, by virtue of the authority granted to me by delegated authority from the Commissioner of Indian Affairs dated March 4, 1972, do hereby approve Amendment No. XX to the Constitution and Bylaws of the Bad River Band of Lake Superior Chippewa Indians of Wisconsin. Minneapolis,Minnesota Date:January11,1978
AMENDMENT XXI Section 4, Article III - GOVERNING BODY shall be deleted completely and amended to read as follows:
ARTICLE III - GOVERNING BODY
Section 4. In any Tribal Council election, the defeated candidate receiving the largest number of votes, is designated the first alternate. The defeated candidate receiving the next largest number of votes, is designated the second alternate. The defeated candidate receiving the next largest number of votes, is designated the third alternate.
When there is a vacancy on the Tribal Council, the Tribal Council shall appoint the designated alternate to serve for the remainder of the unexpired term of that office. The alternates shall retain their designations for two years only.
I, Casimir L. LeBeau, Acting Area Director, Minneapolis Area, Bureau of Indian Affairs, by virtue of the authority granted to me by delegated authority from the Commissioner of Indian Affairs dated March 4, 1972, do hereby approve Amendment No. XXI to the Constitution and Bylaws of the Bad River Band of Lake Superior Chippewa Indians of Wisconsin. Acting Area Director Minneapolis, Minnesota Date: January 11, 1978
AMENDMENT XXII Section 1, Article V - REMOVAL shall be amended to read as follows:
ARTICLE V - REMOVAL
Section 1. Upon receipt of a petition signed by 30 percent of the eligible resident voters calling for the recall of any member of the Council, the Tribal Council shall conduct an open hearing within five days at which the accused member shall face the petitioners and show just cause why the petition should be set aside.
The accused shall be entitled to counsel at their own expense. The petitioners shall be entitled to counsel at their own expense.
The band members shall vote by a show of hands. Upon failure to show just cause, it shall be the duty of the Tribal Council who shall have no recourse but to call a recall election.
No member may be recalled in any such election unless at least 30 percent of the eligible resident voters shall vote at such recall election.
(a) Resident voter, for recall petition and recall election only, shall mean any member of the Bad River Band of Chippewas, who maintains a continuous residence within the exterior boundary of the Bad River Reservation for 60 days.
I, Casimir L. LeBeau, Acting Area Director, Minneapolis Area, Bureau of Indian Affairs, by virtue of the authority granted to me by delegated authority from the Commissioner of Indian Affairs dated March 4, 1972, do hereby approve Amendment No. XXII to the Constitution and Bylaws of the Bad River Band of Lake Superior Chippewa Indians of Wisconsin. Acting Area Director Minneapolis, Minnesota Date: January 11, 1978
AMENDMENT XXIII Section 2, Article V - REMOVAL shall be deleted completely and amended to read as follows:
ARTICLE V - REMOVAL
Section 2. Any vacancy that occurs because of death, prolonged illness, prolonged absence, removal through recall, expelled by Tribal Council action, or by resignation, shall be filled by a designated alternate for the unexpired term of office only. All Tribal vacancies shall be filled by the appointment of a designated alternate in their priority, as was determined by popular vote at the last annual election. All appointments shall be made by the Tribal Council.
I, Casimir L. LeBeau, Acting Area Director, Minneapolis Area, Bureau of Indian Affairs, by virtue of the authority granted to me by delegated authority from the Commissioner of Indian Affairs dated March 4, 1972, do hereby approve Amendment No. XXIII to the Constitution and Bylaws of the Bad River Band of Lake Superior Chippewa Indians of Wisconsin. Minneapolis, Minnesota Date: January 11, 1978
AMENDMENT XXIV Article V - REMOVAL shall be amended by adding a new section (4) which shall read as follows:
ARTICLE V - REMOVAL
Section 4. The position of any Tribal Council member who leaves the Reservation for any reason, except Tribal business, for a period of 45 days shall be deemed to be vacant.
Any Tribal Council member who neglects to attend two consecutive meetings without good cause or without first notifying the Chairperson or Vice-Chairperson, will be deemed to be derelict in their duty and so subject to recall and removal, and the position to be filled by appointment of the proper designated alternate. Shall any member of the Tribal Council be found guilty of a felony or misdemeanor involving dishonesty in any Indian, State, or Federal Court, the Tribal Council shall declare the position vacant and fill by appointment of the proper designated alternate.
The position of any Tribal Council member who is recalled in a recall election, shall be declared vacant and filled by appointment of the proper designated alternate. The position of any Tribal Council member who cannot attend meetings or Tribal business because of prolonged illness, shall be declared vacant and filled by appointment of the proper designated alternate.
I, Casimir L. LeBeau, Acting Area Director, Minneapolis Area, Bureau of Indian Affairs, by virtue of the authority granted to me by delegated authority from the Commissioner of Indian Affairs dated March 4, 1972, do hereby approve Amendment No. XXIV to the Constitution and Bylaws of the Bad River Band of Lake Superior Chippewa Indians of Wisconsin. Acting Area Director Minneapolis, Minnesota Date: January 11, 1978
AMENDMENT XXV Section 1 (d), Article VI - POWERS shall be amended to read as follows:
ARTICLE VI - POWERS
Section 1 (d) To advise with the Secretary of the Interior with regard to all appropriations, estimates or federal projects for the benefit of the Band prior to the submission of such estimates to the Office of Management and Budget and to Congress.
I, Casimir L. LeBeau, Acting Area Director, Minneapolis Area, Bureau of Indian Affairs, by virtue of the authority granted to me by delegated authority from the Commissioner of Indian Affairs dated March 4, 1972, do hereby approved Amendment No. XXV to the Constitution and Bylaws of the Bad River Band of Lake Superior Chippewa Indians of Wisconsin. Acting Area Director Minneapolis, Minnesota Date: January 11, 1978
AMENDMENT XXVI Section 1 (j) Article VI - POWERS shall be amended to read as follows:
ARTICLE VI - POWERS
Section 1 (j) To regulate by enactment of ordinances the conduct of business within the exterior boundaries of the Bad River Reservation including the power to impose taxes and license fees upon members and non-members doing business within the Bad River Reservation.
I, Casimir L. LeBeau, Acting Area Director, Minneapolis Area, Bureau of Indian Affairs, by virtue of the authority granted to me by delegated authority from the Commissioner of Indian Affairs dated March 4, 1972, do hereby approve Amendment No. XXVI to the Constitution and Bylaws of the Bad River Band of Lake Superior Chippewa Indians of Wisconsin. Acting Area Director Minneapolis, Minnesota Date: January 11, 1978
AMENDMENT XXVII Section 1, Article VI - POWERS shall be amended by adding a new subsection (x) to read as follows:
ARTICLE VI - POWERS
Section 1 (x) To authorize the Tribal Council to bring suit in any State or Federal Court to collect judgments or fines that are assessed against a defendant by the Tribal Court.
I, Casimir L. LeBeau, Acting Area Director, Minneapolis Area, Bureau of Indian Affairs, by virtue of the authority granted to me by delegated authority from the Commissioner of Indian Affairs dated March 4, 1972, do hereby approve Amendment No. XXVII to the Constitution and Bylaws of the Bad River Band of Lake Superior Chippewa Indians of Wisconsin. Acting Area Director Minneapolis, Minnesota Date: January 11, 1978
AMENDMENT XXVIII Section 1, Article IV - MEETINGS - BYLAWS shall be amended to read as follows:
ARTICLE VI - MEETINGS - BYLAWS
Section 1. Regular meetings of the Tribal Council shall be held on the first Wednesday of each month, and at such other times as the Tribal Council may by resolution provide. Called meetings shall be held at the discretion of the Chairman or upon request of three members of the Tribal Council. Three days written notice shall be given to all Council members. All Tribal Council meetings shall be posted at least three days prior to a meeting. Signs to be placed in all public places within the exterior boundaries of the Bad River Reservation.
I, Casimir L. LeBeau, Acting Area Director, Minneapolis Area, Bureau of Indian Affairs, by virtue of the authority granted to me by delegated authority from the Commissioner of Indian Affairs dated March 4, 1972, do hereby approve Amendment No. XXVIII to the Constitution and Bylaws of the Bad River Band of Lake Superior Chippewa Indians of Wisconsin. Acting Area Director Minneapolis, Minnesota Date: January 11, 1978
AMENDMENT XXIX AMENDMENT A
ARTICLE I - Territory shall be amended as set forth below and a new subsection shall be added to Section 1 of ARTICLE VI as set forth below:
ARTICLE I - TERRITORY AND JURISDICTION
Section 1. The territory of this Band shall extend to all lands embraced within the original boundary lines of the Bad River Reservation defined in the Treaty of September 30, 1854, and to land acquired or reserved within or without said boundary lines by or on behalf of the Bad River Band, except as otherwise provided by law.
Section 2. The jurisdiction of this Band shall extend to all lands as defined in Section 1 of this Article, and further, for the purposes of exercising and regulating the exercise of rights to hunt, fish, trap and gather, the jurisdiction of the Band shall extend to all lands wherein such rights are reserved by Treaties of July 29, 1837, October 4, 1842, and September 30, 1854.
ARTICLE VI - POWERS, Section 1
(y) To regulate by enactment of ordinances the exercise of rights to hunt, fish, trap and gather within the lands described in Article I, Section 2. |