DEPARTMENT OF THE INTERIOR
OFFICE OF INDIAN AFFAIRS
OF THE DUCK VALLEY RESERVATION
IDAHO AND NEVADA
RATIFIED AUGUST 22, 1936
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1936
CORPORATE CHARTER OF THE SHOSHONE-PAIUTE
TRIBES OF THE DUCK VALLEY RESERVATION
A FEDERAL CORPORATION CHARTERED UNDER THE ACT OF JUNE 18, 1934
Whereas, the Shoshone-Paiute Tribes of the Duck Valley Reservation in Idaho and Nevada constitute a recognized Indian Tribe organized under a constitution and by-laws ratified by the Tribe on March 21, 1935, and approved by the Secretary of the Interior on April 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 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 reservation;
Now, therefore, I, Harold L. Ickes, 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 Shoshone-Paiute Tribes of the Duck Valley Reservation
to be effective from and after such time as it may be ratified by a majority
vote of the adult Indians living on the reservation, at an election in
which at least thirty percent of the eligible voters vote.
1. In order to further the economic development of the Shoshone-Paiute Tribes of the Duck Valley Reservation by conferring upon 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 Shoshone-Paiute Tribes of the Duck Valley Reservation."
2. The Shoshone-Paiute Tribes of the Duck Valley Reservation shall, as a Federal corporation, have perpetual succession.
3. The Shoshone-Paiute Tribes of the Duck Valley Reservation shall be a membership corporation. Its members shall consist of all persons now or hereafter members of the Tribe, as provided by its duly ratified and approved Constitution and By-laws.
4. The Western Shoshone Business Council, established in accordance with the said Constitution and By-laws of the Tribe, shall exercise all of the corporate powers hereinafter enumerated.
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 Constitution and By-laws of the Tribe:(a) To adopt, use, and alter at its pleasure a corporate seal.
|Termination of Supervisory Powers.||
6. Upon the request of the Western Shoshone Business Council for the termination of any supervisory power reserved to the Secretary of the Interior under sections 5b (2), 5c, 5e, 5f, 5g, 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 for ratification by the Tribe. The termination shall be effective upon ratification by a majority vote of the adult members of the Tribe residing on the reservation, at an election in which at least thirty per cent of the eligible voters vote. If, at any time after July 1, 1940, the Secretary shall disapprove a request for the termination of any such power, or fail to approve or disapprove it within ninety days after its receipt, the question of its termination may then be submitted by the Secretary or by the Western Shoshone Business Council to popular referendum of the adult members of the Tribe actually living within the reservation, and if the termination is approved by two-thirds of the eligible voters, it shall be effective.
7. No property rights of the Shoshone-Paiute Tribes of the Duck Valley Reservation or of the original tribes which have united to form this Tribe, 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 Tribe shall not be subject to any corporate debts or liabilities, without such owner's consent. Any existing lawful debts of the Tribe shall continue in force, except as such debts may be satisfied or canceled pursuant to law.
8. The Tribe may issue to each of its members a non-transferable certificate of membership evidencing the equal share of each member in the assets of the Tribe and may distribute per capita, among the recognized members of the Tribe, all income of the Tribe over and above sums necessary to defray corporate obligations and over and above all sums which may be devoted to the establishment of a reserve fund, the construction of public works, the costs of public enterprises, the expenses of the tribal government, the needs of charity, or other corporate purposes. Any such distribution of profits in any one year, amounting to a distribution of more than one-half of the accrued surplus, shall not be made without the approval of the Secretary of the Interior. No financial assets of the Tribe shall be distributed except as herein provided.
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.
10. This charter shall not be revoked or surrendered except by act of Congress, but amendments may be proposed by resolutions of the Western Shoshone Business Council which if a proved by the Secretary of the Interior, to be effective shall be ratified by a majority vote of the adult members of the Tribe living on the reservation at a popular referendum in which at least 30 percent of the eligible voters vote.
11. This charter shall be effective from and after the date of its ratification by a majority vote of the adult members of the Shoshone-Paiute Tribes of the Duck Valley Reservation living on the Reservation, provided at least 30 percent of the eligible voters shall vote, such ratification to be formally certified by the Superintendent of the Western Shoshone Agency and the Chairman of the Western Shoshone Business Council.
HAROLD L. ICKES,
WASHINGTON, D. C., July 18, 1936.
Pursuant to section 17 of the Act of June 18, 1934 (48 Stat. 984), this charter, issued on July 18, 1936, by the Secretary of the Interior to the Shoshone-Paiute Tribes of the Duck Valley Reservation, was duly submitted for ratification to the adult Indians living on the reservation and was on August 22, 1936, duly ratified by a vote of 145 for and 5 against, in an election in which over thirty percent of those entitled to vote cast their ballots.
E. E. McNEILLY,
Superintendent of the Western Shoshone Agency.