DEPARTMENT OF THE INTERIOR
OFFICE OF INDIAN AFFAIRS
HUALAPAI TRIBE OF THE
RATIFIED JUNE 5, 1943
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1943
CORPORATE CHARTER OF THE HUALAPAI TRIBE
OF THE HUALAPAI RESERVATION, ARIZONA
A FEDERAL CORPORATION CHARTERED UNDER THE ACT OF JUNE
Whereas, the Hualapai Tribe of the Hualapai Reservation,
Arizona, is a recognized Indian Tribe organized under a Constitution and
By-laws ratified by the tribe on November 19,1938, and approved by the
Acting Secretary of the Interior on December 17, 1938, pursuant to Section
17 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 said Tribe, subject to ratification by a vote of the adult Indians living
on the Hualapai 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 Hualapai Tribe of the Hualapai 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 Hualapai Reservation at an election
in which at least 30 per cent of the eligible voters shall vote.
|Corporate Existence and Purposes.
1. In order to further the economic development of the Hualapai
Tribe of the Hualapai Reservation in Arizona 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 Hualapai Tribe of the Hualapai Reservation."
2. The Hualapai Tribe of the Hualapai Reservation shall, as
a Federal corporation, have perpetual succession.
3. The Hualapai Tribe of the Hualapai 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 Hualapai Tribal Council established in accordance with
the said constitution and by-laws of the Tribe shall exercise all 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 tribal constitution
(a) To adopt, use and alter at its pleasure a corporate seal.
(b) To purchase, take by gift, bequest or otherwise, own, hold,
operate, and dispose of property of every description, real and personal,
subject to the following limitations:
(1) No sale or mortgage may 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 the Hualapi Reservation.
(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 of 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 of 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 $2,000, exccept with the express approval
of the Secretary of the Interior.
(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 the
(3) No leases, permits (which terms shall not include land assignments
to members of the Tribe) or timber sales contracts covering any land or
interests in land now or hereafter held by the Tribe within the boundaries
of the Hualapai Reservation shall be made by the Tribe for a longer
term than ten years and all such leases, permits or contracts must be approved
by the Secretary of the Interior or by his duly authorized representative;
but oil and gas 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 the Hualapai Reservation. All leases, permits,
and timber sale contracts relating to the use of tribal grazing or timber
lands shall conform to the 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 lease, permit, or timber sale contract, whether or not
such agreement requires the approval of the Secretary of the Interior,
and violations of such condition shall render the agreement revocable,
in the discretion 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 Arizona, including
agreements with the State of Arizona for the rendition of public services:
any contract involving payment of money by the corporation of a value 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.
(f) 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 or extensions thereof other than an agreement 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 net tribal income
from any one source in any one year: 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 be sued in any 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 said Tribe or by the United States
to the levy of an judgment, lien or attachment upon the property of the
Tribe other than income or chattels especially pledged or assigned.
(i) To exercise such further incidental powers, not inconsistent with
law, as may be necessary to the conduct of corporate business.
6. No property rights of the Hualapai Tribe of the Hualapai
Reservation, 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 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 cancelled
pursuant to law.
7. The Tribe may issue to each of its members a non-transferable
certificate of membership, and may use all profits of corporate enterprises
or income, over and above sums necessary to defray corporate operations
and over and above all sums which may he devoted to the establishment of
a reserve fund, for public purposes of the Tribe, including the construction
of public works, the cost of public enterprises, the expenses of tribal
government, the needs of charity and the making of loans to members of
the Tribe but no general distribution per capita of such profits or income
shall be made.
8. 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, to be effective, shall
be ratified by a majority vote of the adult members living on the reservation
at a popular referendum in which at least thirty per cent of the eligible
9. This Charter shall be effective from and after the date of
its ratification by a majority vote of the members of the Hualapai Tribe
of the Hualapai Reservation living on the Reservation, provided that at
least thirty per cent of the eligible voters shall vote, such ratification
to be formally certified by the Superintendent of the Truxton Canon Agency
and the President of the Tribal Council of the Hualapai Tribe of the Hualapai
Submitted by the Assistant Secretary of the Interior
for ratification by the Hualapai Tribe of the Hualapai Reservation.
(Sgd.) OSCAR L. CHAPMAN
Assistant Secretary of the Interior.
WASHINGTON, D.C., Apr. 24, 1943.
Pursuant to an order approved April 24, 1943 by the
Assistant Secretary of the Interior, the attache dCharter for th hualapai
Tribe of the Hualapai Reservation, Arizona, was submitted for ratification
the the qualified members of the Hualapai Tribe and on June 5, 1943 was
duly rativied by a vote of 87 for, and 10 against, in an election in which
over thirty percent of those entitled to vote cast their ballots, in accordance
with Section 17 of the Indian Reorganization Act of June 18, 1934 (48 Stat.
984), as amended by the Act of June 15, 1935, (49 Stat. 378).
(Sgd.) GRANT TOPIJA,
Chairman, Hualapai Tribal Council.
(Sgd.) STERLING MAHONE,
Secretary, Hualapai Tribal Council.
(Sgd,) JOHN O. CROW,