DEPARTMENT OF THE INTERIOR
OFFICE OF INDIAN AFFAIRS
BAD RIVER BAND OF CHIPPEWA
BAD RIVER RESERVATION
RATIFIED MAY 21, 1938
GOVERNMENT PRINTING OFFICE
CORPORATE CHARTER OF THE BAD RIVER BAND OF
CHIPPEWA INDIANS OF THE BAD RIVER
A FEDERAL CORPORATION CHARTERED UNDER THE ACT OF
JUNE 18, 1934
Whereas, the Bad River Band of the Lake Superior
Tribe of Chippewa Indians of the Bad River Reservation in Wisconsin is
a recognized Indian tribe organized under a Constitution and By-laws ratified
by the Band on May 23, 1936 and approved by the Secretary of the Interior
on June 20, 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 Band have petitioned that a charter of incorporation be granted to such Band, subject to ratification by a vote of the adult Indians living on the Reservation;
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 Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation to be effective from and after such time as it may be ratified by a majority vote, in an election in which at least 30 per cent of the adult Indians living on the Reservation shall vote.
|Corporate Existence.||1. In order to further the economic development of the Bad River Band of Chippewa Indians of the Bad River Reservation in Wisconsin by conferring upon the said Band certain corporate rights, powers, privileges and immunities; to secure for the members of the Band the means of an assured economic independence; and to provide for the proper exercise by the Band of various functions heretofore performed by the Department of the Interior, the aforesaid Band is hereby chartered as a body politic and corporate of the United States of America, under the corporate name "'The Bad River Band of Chippewa Indians."|
|Perpetual Succession Membership.||2. The Bad River Band of Chippewa Indians shall, as a Federal Corporation, have perpetual succession.|
|Membership.||3. The Bad River Band of Chippewa Indians shall be a membership corporation. Its members shall consist of all persons now or hereafter members of the Band, as provided by its duly ratified and approved Constitution and By-laws.|
|Management.||4. The Tribal Council of the Bad River Band of Chippewa Indians established in accordance with the said Constitution and By-laws of the Band, shall exercise all the corporate powers hereinafter enumerated.|
|Corporate Powers.||5. The Band, subject to any restrictions contained in the Constitution
and laws of the United States, or in the Constitution and By-laws of the
said Band, 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.
|Termination of Supervisory Powers.||6. Upon the request of the Tribal Council 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 9 of this Charter, the Secretary of the Interior, if he shall approve such request, shall thereupon submit the question of such termination to the Band for referendum. The termination shall be effective upon ratification by a majority vote at an election in which at least 30 per cent of the adult members of the Band residing on the Reservation shall vote. If at any time after five 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 90 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 Council to popular referendum of the adult members of the Band actually living within the Reservation and if the termination is approved by two-thirds of the eligible voters it shall be effective.|
|Corporate Property.||7. No property rights of the Bad River Band of Chippewa Indians as
heretofore constituted, shall be in any way impaired by anything contained
in this Charter, and 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 Band shall
not be subject to any corporate debts or liabilities, without such owners
consent. Any existing lawful debts of the Band shall
continue in force, except as such debts may be satisfied or cancelled pursuant to law.
|Reserve Fund.||8. Forty per cent of net income from corporate enterprises shall be placed in a reserve fund, annually, until said reserve fund equals not less than 25 percent of the capital investment in such corporate enterprise. Thereafter the amount of net income to be devoted to the reserve fund may be optional, except that amounts expended therefrom shall be replaced in the same manner that the fund was created. This fund shall be used only for repairs, replacements, improvements, and expansion of corporate enterprises.|
|Corporate Dividends.||9. The Band may issue to each of its members a nontransferable certificate of interest in corporate property and corporate enterprises evidencing the equal share of each of such members of the Band in the corporate assets of the Band and may make a dividend distribution among such members of profits of corporate enterprises over and above all sums which may be devoted to the establishment of a reserve fund, the construction of public works, the cost of public enterprise, the expenses of tribal government, the needs of charity, or other corporate purposes. No such distribution of profits shall be made amounting to a distribution of more than one-half of the accrued surplus without the approval of the Secretary of the Interior. No distribution of the financial assets of the Band shall be made except as provided herein or as authorized by Congress.|
|Corporate Accounts.||10. The officers of the Band shall maintain accurate and complete public accounts of the financial affairs of the Band, 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.|
|Amendments.||11. This Charter shall not be revoked or surrendered except by Act of Congress, but amendments may be proposed by resolutions of the Tribal Council which, if approved by the Secretary of the Interior, shall be effective when ratified by a majority vote of the adult members of the Band residing on the Reservation at a popular referendum in which at least 30 per cent of the eligible voters shall vote.|
|Ratification.||12. This Charter shall be effective from and after the date of its ratification by a majority vote of the adult memhers of the Bad River Band of Chippewa Indians residing on the Bad River Reservation, provided at least 30 per cent of the eligible voters shall vote, such ratification to be formally certified by the Superintendent of the Great Lakes Agency and the Chairman and Secretary of the Tribal Council.|
Submitted by the Assistant Secretary of the Interior
for ratification by the Bad River Band of Chippewa Indians.
OSCAR L. CHAPMAN,
Assistant Secretary of the Interior.
WASHINGTON, D. C., April 6, 1988.
Pursuant to section 17 of the Act of June 18, 1934
(48 Stat. 984), this Charter, issued on April 5, 1938 by the Assistant
Secretary of the Interior to the Bad River Band of the Lake Superior Tribe
of Chippewa Indians of the State of Wisconsin, was duly submitted for ratification
to the adult Indians living on the reservation and was on May 21, 1938
duly adopted by a vote of 105 for, and 80 against, in an election in which
over 30 per cent of those entitled to vote cast their ballots.
GEORGE P. PARKER,
Chairman of the Tribal Council.
FRANK G. SMART,
Secretary of the Tribal Council.
J. C. CAVILL,
Superintendent, Great Lakes Agency.