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UNITED STATES

DEPARTMENT OF THE INTERIOR

OFFICE OF INDIAN AFFAIRS
 
 
 
 

CORPORATE CHARTER

OF THE

SHOSHONE-PAIUTE TRIBES

OF THE DUCK VALLEY RESERVATION

IDAHO AND NEVADA
 
 
 
 

RATIFIED AUGUST 22, 1936
 
 
 
 
 
 
 
 
 
 
 

UNITED STATES

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.
 
Corporate Existence
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."
Perpetual Succession.
2. The Shoshone-Paiute Tribes of the Duck Valley Reservation shall, as a Federal corporation, have perpetual succession.
Membership.
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.
Management.
 
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.
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 Constitution and By-laws of the Tribe:
(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, except for governmental purposes, may be made by the Tribe of any land, or interests in land, now or hereafter held by the Tribe.

2. No leases or permits (which terms shall not include land assignments to members of the Tribe) covering any land or interests in land now or hereafter held by the tribe within the boundaries of the Duck Valley Reservation shall be made by the Tribe for a longer term than ten years, except that oil and gas leases or leases of mineral rights may be made for longer periods as authorized by law. All leases or permits herein authorized must be approved by the Secretary of the Interior or by his duly authorized representative.

3. 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 the Duck Valley Reservation. 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 Interior, and violation of such condition shall render the agreement revocable, in the discretion of the Secretary of the Interior.

(c) 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, 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, aside from loans from the Indian Credit Fund, shall not exceed twenty-five thousand dollars, except with the express approval of the Secretary of the Interior.

(d) 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 provisions of this charter.

(e) 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 municipality or any county, or with the United States or the State of Nevada, including agreements with the State of Nevada for the rendition of public services: Provided, That any contract involving payment of money by the corporation in excess of $2,000 shall be subject to the approval of the Secretary of the Interior or his duly authorized representative.

(f) To pledge or assign chattels or future income due or to become due to the Tribe under any notes, leases, or other contracts, or from any other source, whether or not such notes, leases on contracts are in existence at the time: Provided, That such agreements of pledge or assignment, other than agreements with the United States, shall not extend more than ten years from the date of execution and shall not cover more than one-half the income from any 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.

(g) 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.

(h) 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 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 chatters specially pledged or assigned.

(i) 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 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.
Corporate Property
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.
Corporate Dividends.
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.
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.
Amendments.
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.
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 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.
    Submitted by the Secretary of the Interior for ratification by the Shoshone-Paiute Tribes of the Duck Valley Reservation in a popular referendum to be held on August 22, 1936.

                                                                                                                                                          HAROLD L. ICKES,

Secretary of the Interior.
                                                                                                                                                                       [SEAL]

    WASHINGTON, D. C., July 18, 1936.

CERTIFICATION

    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.

                                                                                                                                     THOMAS PREMO,

Chairman of the Western Shoshone Business Council.

    E. E. McNEILLY,
            Superintendent of the Western Shoshone Agency.