DEPARTMENT OF THE INTERIOR
OF INDIAN AFFAIRS
ANGOON COMMUNITY ASSOCIATION
RATIFIED NOVEMBER 15, 1939
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1940
CHARTER OF THE ANGOON COMMUNITY
FEDERAL CORPORATION CHARTERED UNDER THE ACT OF JUNE
18, 1934, AS AMENDED BY THE ACT OF MAY 1,1936
Whereas, a group of Indians having a common bond of residence in the neighborhood of Angoon, Territory of Alaska, seek to organize under sections 16 and 17 of the Act of June 18, 1934 (48 Stat. 984) and section 1 of the Act of May 1, 1936 (49 Stat. 1250), by ratification of a constitution and by-laws and a charter approved by the Secretary of the Interior, and
Whereas, more than one-third of the adult Indians have petitioned that a charter of incorporation be granted to this group of Indians,
Now, therefore, I, Oscar L. Chapman, Assistant Secretary of the Interior, by virtue of the authority conferred upon me by the above cited acts, do hereby issue and submit this charter of incorporation to the group of Indians organizing as aforesaid, to be effective when duly ratified, provided that the said constitution and by-laws have been duly ratified by them.
|Purpose and Existence||1. In order to further the economic development of and the Indians residing in the neighborhood of Angoon,Alaska, by conferring upon the Angoon Community Association corporate rights and powers, the afore said Community is hereby chartered as a body corporate of the United States of America, under the corporate name of Angoon Community Association, hereinafter called the Community|
|Perpetual Succession. Membership.||2.
The Community shall, as a Federal corporation, have perpetual succession.
3. The Community shall be a membership corporation. Its members shall consist of all persons now or hereafter members of the Community, as provided by its duly ratified and approved constitution and by-laws.
|Management||4. The Council of the Community, established in accordance with the said constitution and by-laws of the Community, shall exercise all the corporate powers hereinafter enumerated.|
The Community, subject to any restrictions contained in the Constitution
and laws of the United States, or in the Constitution and By-laws of the
said Community, shall have the following corporate powers, in addition
to all powers already conferred or guaranteed by its Constitution and By-laws:
(a) To adopt, use, and alter 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 nor mortgage may be made by the Community of any land, or interests in land including water, fishing or mineral rights, he1d by the Community within any area which may be set aside by the Federal Government as a reserve for the use of the Community.
2. No leases, permits (which terms shall not include land assignments or fishing privileges granted to members of the Community) nor timber sale contracts covering any land or interests in land held by the Community within any reserve set aside for the Community shall be made by the Community for a longer term than ten years, and all such permits and leases, except to members of the Community, and all such contracts must be approved by the Secretary of the Interior or by his duly authorized representative; Provided, That leases requiring substantial improvements may be made for longer periods when authorized by law.
(c) To issue interests in corporate property in exchange for transfers of property by individual members of the Community:
(d) To borrow money from the Indian Credit Fund in accordance with the terms of section 10 of the Act of June l8,l934 (48 Stat. 984)) or from any other source, and to use such funds directly for productive enterprises, or to advance money thus borrowed to individual members or groups of members of the Com munity forenterprises related to those of the Community.
(e) To engage in any business that will further the economic well-being of the members of the Community or to undertake any activity of any nature whatever, not inconsistent with law or with any provisions of this Charter.
(f) To make and 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 municpality or with the United States or the Territory of Alaska, in cluding agreements with said Territory for the rendition of public services.
(g) To pledge or assign chattels or future corporate income due, or to become due to the Community; Provided, That such assignments of corporate income, other than assignments to the United States, shall not extend for more than ten years from the date of execution.
(h) To deposit corporate funds, from whatever source derived, in any National or Territorial bank to the extent that such funds are insured by the Federal Deposit Insurance Corporation or secured by a surety bond, or other security, or to deposit such funds in the Postal Savings Bank or with a bonded disbursing officer of the Interior Department: to the credit of the corporation.
(i) To sue and be sued in courts of competent jurisdiction within the Territory of Alaska or the United States.
(j) To exercise such further incidental powers, not inconsistent with law, as may be necessary to the conduct of corporate business.
|Corporate Property||6. The individually owned property of members of the corporation shall not be subject to any corporate debts or liabilities without such owners' consent.|
|Corporate Income||7. The Community shall at the end of its fiscal year, apply its income
in excess of operating expenses during such fiscal year, apply its income
in excess of operating expenses during such fiscal year, in the follwoing
First: To payment of any due indebtedness.
Second: To creation of a fund for operation and for liquidation of indebtedness becoming due in the next operating period.
Third: To utilization for such social, educational and relief purposes as the Community may determine.
Fourth: To distribution as dividends to members of the Community.
|Corporate Dividends||8. Dividends shall be distributed to members of the Community on the basis of their patronage of the Community. No dividends may be declared or paid while this corporation is indebted to the Indian Credit Fund unless the operation and reserve funds provided for are in an amount satisfactory to the Secretary of the Interior or his authorized representative.|
|Regulation of Payments||9. The Community may regulate the payment of dividends or other corporate property in order to safeguard the interests of any incompetent or disabled members, and of the dependents of members who might become a public charge, and of the heirs or devisees of deceased members.|
|Corporate Accounts||10. The Officers of the Community shall maintain accurate and complete public accounts of the financial affairs of the corporation, which shall clearly show all credits, debts, pledges, and assignments, and shall furnish an annual balance sheet and re ort of the financial affairs of the corporation to the Juneau Office of the Office of Indian Affairs.|
This Charter shall not be revoked or surrendered except by Act of Congress,
but amendments may be proposed
by resolutions of the Council or of the Community which amendments, if approved by the Secretary of the Interior, shall be effective when ratified by a majority vote of the adult members of the Community voting in a popular referendum called for the by the Secretary of Interior: Provided, That at least 30 percent of the eligible voters vote in such election.
This Charter shall be effective from and after the date of its ratification
by a majority vote of those voting in an election by a majority vote
of those called for the purpose by the Secretary of the Interior: Provided,That
at least 30 percent of the eligible voters shall vote, and provided that
the Community has ratified a constitution and by-laws approved by the Secretary
of the Interior. The ratification of the Charter shall be formally certified
by the Election Board. The persons
eligible to vote are those Indians entitled to vote on the Constitution and By-laws for this Community.
This Charter is herewith approved and issued by the Assistant Secretary of the Interior and submitted for ratification by the group of Indians having a common bond of residence in the neighborhood of Angoon, Territory of Alaska, in a popular referendum called and held under the Instructions of the Secretary of the Interior.
Oscar L. Chapman,
Assistant Secretary of the Interior
WASHINOTON, D. C., May 10,1939
Pursuant to an order, approved May 10, 1939 by the Assistant Secretary of the Interior, the attached charter was submitted for ratification to the group of Indians having a common bond of residence in the neighborhood of Angoon, Territory of Alaska, and was on November 15, 1939 duly ratified by a vote of 72 for and 3 against, in an election in which over 30 per cent of those ent.itled to vote cast their ballots, in accordance with the Alaska Act of May 1, 1936 (49 Stat. 1250), and section 17 of the Act of June 18, 1934 (48 Stat. 984), as amended by the Act of June 15, 1935 (49 Stat. 378).
Chairnan, Elation, Board.
Secretary, Election Board.