UNITED STATES
DEPARTMENT OF THE INTERIOR
OFFICE OF INDIAN AFFAIRS
CORPORATE CHARTER
OF THE
MINNESOTA CHIPPEWA TRIBE OF THE
CONSOLIDATED CHIPPEWA AGENCY
RATIFIED NOVEMBER 13, 1937
UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1938
CORPORATE CHARTER OF THE MINNESOTA
CHIPPEWA
TRIBE OF THE CONSOLIDATED CHIPPEWA AGENCY
A FEDERAL CORPORATION CHARTERED UNDER THE ACT OF JUNE
18, 1934
Whereas, the Minnesota Chippewa Tribe
is a recognized
Indian tribe organized under a constitution and by-law ratified by the
Tribe on June 20, 1936, and approved by the Secretary of the Interior
on
July 24, 1936, pursuant to section 16 of the Act of June 18, 1934 (48
Stat.
984), as amended by the Act of June 15, 1935 (49 Stat., 378); and
Whereas, more than one-third of the
adult members
of the Tribe have petitioned that a charter of incorporation be granted
to such tribe, subject to ratification by a vote of the adult Indians
living
on the reservations of the Minnesota Chippewa Tribe, namely: the White
Earth, Leech Lake, Fond du Lac, Bois Fort, Grand Portage and Mille Lac
Reservations.
Now, therefore, I, Oscar L. Chapman,
Assistant Secretary
of the Interior, by virtue of the authority conferred upon me by the
said
Act of June 18, 1934 (48 Stat. 984), do hereby issue and submit this
Charter
of incorporation to the Minnesota Chippewa Tribe to be effective from
and
after such time as it may be ratified by a majority vote at an election
in which at least thirty per cent of the adult Indians living on the
above-named
reservations shall vote.
Corporate
Existence
and
Purposes. |
1. In order to further the economic
development of
the
Minnesota Chippewa Tribe by conferring upon and the said tribe certain
corporate rights, powers, privileges and immunities; to secure
for
the members of the Tribe an assured economic independence; and to
provide
for the proper exercise by the Tribe of various functions heretofore
performed
by the Department of the Interior, the aforesaid tribe is hereby
chartered
as a body politic and corporate of the United States of America, under
the corporate name "The Minnesota Chippewa Tribe."
|
Perpetual
Succession. |
2. The Minnesota Chippewa Tribe shall, as
a Federal
Corporation,
have perpetual succession.
|
Membership. |
3. The Minnesota Chippewa Tribe shall be
a membership
corporation.
Its members shall consist of all persons now or hereafter enrolled as
members
of the Tribe, as provided by its duly ratified and approved
Constitution
and By-laws.
|
Management. |
4. The Tribal Executive Committee of the
Minnesota
Chippewa
Tribe established in accordance with the said constitution and by-laws
of the Tribe, shall exercise all the corporate powers hereinafter
enumerated.
|
Corporate
Powers. |
5. The Tribe, subject to any restrictions
contained
in the
Constitution and laws of the United States, or in the Constitution and
By-laws of the said tribe, shall have the following corporate powers,
in
addition to all powers already conferred or guaranteed by the Tribal
Constitution
and By-laws:
(a) To adopt, use, and alter at
its pleasure
a corporate
seal.
(b) To purchase, take by gift, bequest,
or
otherwise, own, hold,
manage, operate, and dispose of property of every description, real and
personal, subject to the following limitations:
(1) No sale or mortgage mav be made
by the Tribe
of any land,
or interests in land, including water power sites, water rights, oil,
gas,
and other mineral rights, now or hereafter held by the Tribe within the
boundaries of any reservation of the Minnesota Chippewa Tribe.
(2) No mortgage may be made by the Tribe of
any standing
timber on any
land now or hereafter held by the Tribe within the boundaries of any
reservation
of the Minnesota Chippewa Tribe.
(3) No leases, permits (which terms shall
not include
land assignments
to members of the Tribe) or timber sale contracts covering any land or
interests in land now or hereafter held by the Tribe within the
boundaries
of any reservation of the Minnesota Chippewa Tribe shall be made by the
Tribe for a longer term than ten years, and all such leases and
permits,
except to members of the Tribe, and all such contracts must be approved
by the Secretary of the Interior or by his duly authorized
representative;
but oil and gas leases, water power leases, or any leases requiring
substantial
improvements of the land may be made for longer periods when authorized
by law.
(4) No action shall be taken by or in behalf
of the
Tribe which in any
way operates to destroy or injure the tribal grazing lands, timber, or
other natural resources of any reservation of the Minnesota Chippewa
Tribe.
All leases, permits, and timber sale contracts
relating
to the use of tribal grazing or timber lands shall conform to
regulations
of the Secretary of the Interior authorized by section 6 of the Act of
June 18, 1934, with respect to range carrying capacity, sustained yield
forestry management, and other matters therein specified. Conformity to
such regulations shall be made a condition of any such lease, permit,
or
timber sale contract whether or not such agreement requires the
approval
of the Secretary of the Interior, and violation of such condition shall
render the agreement revocable, in the discretion of the Secretary of
the
Interior.
(c) To issue interests in corporate property in exchange for
restricted
Indian lands, the forms for such interests to be approved by the
Secretary
of the Interior.
(d) To borrow money from the Indian
Credit Fund in
accordance
with the terms of section 10 of the Act of June 18, 1934 (48 Stat.
984),
or from any other governmental agency, or from any member or
association
of members of the Tribe, or from any other source, and to use such
funds
directly for productive tribal enterprises, or to loan money thus
borrowed
to individual members or associations of members of the Tribe: Provided,
That the amount of indebtedness to which the Tribe may subject itself,
other than indebtedness to the Indian Credit Fund, shall not exceed
$150,000,
except with the express approval of the Secretary of the Interior.
(e) To engage in any business that will
further the
economic
well-being of the members of the Tribe or to undertake any activity of
any nature whatever, not inconsistent with law or with any revisions of
this Charter.
(f) To make perform contracts and
agreements of
every description,
not inconsistent with law or with any provisions of this Charter, with
any person, association, or corporation, with any municipality or any
county,
or with the United States or the State of Minnesota including
agreements
with the State of Minnesota for the rendition of public services: Provided,
That any contract involving payment of money by the corporation in
excess
of $5,000 in any one fiscal year shall be subject to the approval of
the
Secretary of the Interior or his duly authorized representative.
(g) To pledge or assign chattels or
future tribal
income due
or to become due to the Tribe: Provided, That such agreements
of
pledge or assignment, other than on agreement with the United States,
shall
not extend more than five years from the date of execution and shall
not
cover more than forty per cent of the net tribal income from any one
source: And provided further, That any such agreement shall be
subject to
the approval of the Secretary of the Interior or his duly authorized
representative.
(h) To deposit corporate funds, from
whatever
source derived,
in any national or state bank to the extent that such funds are insured
by the Federal Deposit Insurance Corporation, or secured by a surety
bond,
or other security, approved by the Secretary of the Interior; or to
deposit
such funds in the Postal Savings Bank or with a bonded disbursing
officer
of the United States to the credit of the corporation.
(i) To sue and to be sued in courts of
competent
jurisdiction
within the United States; but the grant or exercise of such power to
sue
and to be sued shall not be deemed a consent by the said tribe or by
the
United States to the levy of any judgment, lien or attachment upon the
property of the Tribe other than income or chattels specially pledged
or
assigned.
(j) To exercise such further incidental
powers, not
inconsistent
with law, as may be necessary to the conduct of corporate business.
|
Termination
of
Supervisory Powers. |
6. Upon the request of the Tribal
Executive Committee
for the
termination of any supervisory power reserved to the Secretary of the
Interior
under sections 5 (b) 3, 5 (c), 5 (d), 5 (f),
5(g), 5 (h), and section 8 of this Charter, the Secretary
of the Interior, if he shall approve such request, shall thereupon
submit
the question of such termination to the tribe for referendum. The
termination
shall be effective upon ratification by a majority vote at an election
in which at least thirty per cent of the adult members of the Tribe
residing
on the reservations of the Minnesota Chippewa Tribe shall vote. If at
any
time after ten years from the effective date of this Charter, such
request
shall be made and the Secretary shall disapprove it or fail to approve
or disapprove it within ninety days after its receipt, the question of
the termination of any such power may then be submitted by the
Secretary
of the Interior or by the Tribal Executive Committee to popular
referendum
of the adult members of the Tribe actually living within the
reservations
of the Minnesota Chippewa Tribe and if the termination is approved by
two-thirds
of the eligible voters, shall be effective.
|
Corporate
Property. |
7. No property rights of the Minnesota
Chippewa
Tribe, as heretofore
constituted, shall be in any way impaired by anything contained in this
Charter, the tribal ownership of unallotted lands, whether or not
assigned
to the use of any particular individuals, is hereby expressly
recognized.
The individually owned property of members of the Tribe shall not be
subject
to any corporate debts or liabilities, without such owners' consent.
Any
existing lawful debts of the Tribe shall continue in force, except as
such
debts may be satisfied or cancelled pursuant to law.
|
Corporate
Profits. |
8. The Tribal Executive Committee shall
set aside
annually
twenty-five per cent of the profits of corporate enterprises for the
establishment
and building up of a reserve fund which shall be used for the
undertaking,
construction, operation and improvement of corporate enterprises. The
Tribal
Executive Committee may devote the remainder of such profits, and any
other
tribal income remaining after the payment of indebtedness and expenses,
to such purposes for the benefit of the Tribe as it may think best not
inconsistent with this Charter and the tribal constitution and by-laws.
|
Corporate
Accounts. |
9. The officers of the Tribe shall
maintain accurate
and complete
public accounts of the financial affairs of the Tribe, which shall
clearly
show all credits, debts, pledges, and assignments, and shall furnish an
annual balance sheet and report of the financial affairs of the Tribe
to
the Commissioner of Indian Affairs. The Treasurer of the Tribe shall be
the custodian of all moneys which come under the jurisdiction or
control
of the Tribal Executive Committee. He shall keep accounts of all
receipts
and disbursements and shall make written reports of same to the Tribal
Executive Committee at each regular and special meeting. The books of
the
Treasurer shall be audited at the direction of the Committee or of the
Commissioner of Indian Affairs, and shall be open to inspection by
members
of the Tribe or duly authorized representatives of the Government at
all
reasonable times.
|
Amendments. |
10. This Charter shall not be revoked or
surrendered
except
by Act of Congress, but amendments may be proposed by resolutions of
the
Tribal Executive Committee which, when approved by the Secretary of the
Interior, to be effective shall be ratified by a majority vote of the
adult
members living on the reservations of the Minnesota Chippewa Tribe at a
popular referendum in which at least 30 per cent of the eligible voters
vote.
|
Ratification. |
11. This Charter shall be effective from
and after
the date
of its ratification by a majority vote of the adult members of the
Minnesota
Chippewa Tribe living on the following reservations: White Earth, Leech
Lake, Fond du Lac, Bois Fort, Grand Portage and Mille Lac, provided at
least 30 per cent of the eligible voters shall vote, such ratification
to be formally certified by the Superintendent of the Consolidated
Chippewa
Agency and the Tribal President and Tribal Secretary of the Tribal
Executive
Committee of the Tribe.
|
Submitted by the Assistant Secretary of the Interior
for ratification by the Minnesota Chippewa Tribe of the above-named
reservations
in a popular referendum to be held on November 13, 1937.
OSCAR L. CHAPMAN,
Assistant Secretary of the Interior.
[SEAL]
WASHINGTON, D. C., September
17, 1937.
CERTIFICATION
Pursuant to section 17 of the Act of
June 18, 1934
(48 Stat. 984), this Charter, issued on September 17, 1937 by the
Assistant
Secretary of the Interior to the Minnesota Chippewa Tribe of the
Consolidated
Chippewa Agency in Minnesota, was duly submitted for ratification to
adult
members of the Tribe living on the reservations of the Tribe and was on
November 13, 1937 duly adopted by a vote of 1,480 for, and 610 against,
in an election in which over 30 per cent of those entitled to vote cast
their ballots.
JOHN L. PEMBERTON,
<> President, Tribal Executive, Committee
of
the Minnesota Chippewa Tribe. >
ARTHUR C. BEAULIEU,
Secretary, Tribal Executive Committee.
LOUIS BALSAM,
Superintendent, Consoliated Chippewa Agency.
|