DEPARTMENT OF THE INTERIOR
OFFICE OF INDIAN AFFAIRS
KALISPEL INDIAN COMMUNITY
RATIFIED MAY 28,1938
GOVERNMENT PRINTING OFFICE
CORPORATE CHARTER OF THE KALISPEL INDIAN
COMMUNITY OF THE KALISPEL RESERVATION
A FEDERAL CORPORATION CHARTERED UNDER THE ACT OF
Whereas, the Kalispel Indian Community of the Kalispel
Reservation in the State of Washington constitutes a recognized Indian
tribe organized under a constitution and by-laws adopted by the members
of the Kalispel Band of Indians on February 26, 1938, and approved by the
Secretary of the Interior on March 24, 1938, 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 Community have petitioned that a charter of incorporation be granted to such community, 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 Kalispel Indian Community of the Kalispel 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 30 per cent of the eligible voters vote.
1. In order to further the economic development of the Kalispel Indian Community of the Kalispel Reservation in the State of Washington by conferring upon the said Community certain corporate rignts, powers, privileges and immunities; to secure for the members of the Community assured economic independence; and to provide for the proper exercise by the Community of various functions heretofore performed by the Department of the Interior, the aforesaid Kalispel Indian Community is hereby chartered as a body politic and corporate of the United States of America, under the corporate name "The Kalispel Indian Community of the Kalispel Reservation."
2. The Kalispel Indian Community of the Kalispel Reservation shall, as a Federal corporation, have perpetual succession.
3. The Kalispel Indian Community of the Kalispel Reservation 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.
4. The Kalispel Community Council established in accordance with the said Constitution and By-laws of the Kalispel lndian Community, shall exercise all the corporate powers hereinafter enumerated.
5. The Kalispel Indian 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 Kalispel Indian Community, 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 request by the Kalispel Community Council for the termination of any supervisory power reserved to the Secretary of the Interior under Sections 5 (b) (2), 5 (c), 5 (d), 5 (f ), 5 (g), 5 (h), 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 Community. The termination shall be effective upon ratification by a majority vote of the adult members of the Community residing on the Reservation, at an election in which at least 30 per cent of the eligible voters vote. If at any time after ten years from the date of ratification 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 or by the Community Council to popular referendum of the adult members of the Community 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 Kalispel Indian Community shall be in anyway impaired by anything contained in this Charter, and the Community 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 Community shall not be subject to any corporate debts or liabilities, without such owners' consent. Any existing lawful debts of the Community shall continue in force, except as such debts may be satisfied or cancelled pursuant to law.
8. The Community 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 community and may distribute per capita, among the recognized members of the community, all income of the community over and above sums necessary to defray corporate obligations to members of the community or to other persons 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 tribal government, the needs of charity or other corporate purpose. 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 Community shall be distributed except as provided herein.
9. The officers of the Community shall maintain accurate and complete public accounts of the financial affairs of the Community, 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 Community 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 Community Council which, if approved by the Secretary of the Interior, shall be effective when ratified by a majority vote of the adult members living on the reservation at a popular referendum in which at least 30 per cent 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 Kalispel Indian Community living on the Kalispel Reservation, provided at least 30 per cent of the eligible voters shall vote, such ratification to be formally certified by the Superintendent of the Northern Idaho Consolidated Agency and the Chairman and Secretary of the Kalispel Community Council
Submitted b the Assistant Secretary of the Interior
for ratification by the Kalispel Indian Community of the Kalispel Reservation.
OSCAR L. CHAPMAN,
Assistant Secretary of the Interior.
WASHINGTON, D. C., April 19, 1938.
Pursuant. to section 17 of the Act of June 18, 1934
(48 Stat. 984), this Charter, issued on April 19, 1938 by the Assistant
Secretary of the Interior to the Kalispel Indian Community of the State
of Washington, was duly submitted for ratification to the adult Indians
living on the reservation and was on May 28, 1938 duly ratified by a vote
of 21 for, and 1 against in an election in which over 30 per cent of those
entitled to vote cast their ballots.
Chairman of the Kalispel Community Council.
Secretary of the Kalispel Community Council.
A. G. WILSON,
Superintendent, Northern Idaho Consolidated Agency.