DEPARTMENT OF THE INTERIOR
OFFICE OF INDIAN AFFAIRS
CORPORATE CHARTER OF THE
MAKAH INDIAN TRIBE OF
THE MAKAH INDIAN RESERVATION
RATIFIED FEBRUARY 27, 1937
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1937
CORPORATE CHARTER OF THE MAKAH INDIAN TRIBE
OF THE MAKAH INDIAN RESERVATION
A FEDERAL CORPORATION CHARTERED UNDER
THE ACT OF JUNE 18, 1934
Whereas, the Makah Indian Tribe of the Makah Indian Reservation in the State of Washington constitutes a recognized Indian Tribe organized under a Constitution and By-laws ratified by the members of the Makah Tribe on April 18, 1936, and approved by the Secretary of the Interior on May 16, 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 Makah Indian Tribe of the Makah 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 Makah Indian Tribe of the Makah Reservation in the State of Washington 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 Makah Indian Tribe."
2. The Makah Indian Tribe shall, as a Federal corporation, have perpetual succession.
3. The Makah Indian Tribe 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 Makah Indian 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 and By-laws:(a) To adopt, use, and alter at its pleasure a corporate seal.
|Termination of Supervisory Powers.||
6. Upon request of the Makah Indian 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 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 30 per cent of the eligible voters vote. If at any time after ten years from the date of approval of this Charter, the Secretary shall disapprove a request for the termination of any such power, or fail to approve or disapprove it within 90 days after its receipt, the question of its termination may then be submitted by the Secretary or by the Tribal 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 Makah Indian 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
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 in the form of special per capita benefits such as pensions for the old and disabled, death, hospital and sick benefits, as well as for any special needs that may develop, among the recognized members of the Tribe, such income of the Tribe over and above sums necessary to defray corporate obligations to members of the Tribe 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 Tribe shall be distributed except as provided herein.
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 resolution 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 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 Makah Indian Tribe living on the Makah Reservation, provided at least 30 per cent of the eligible voters shall vote, such ratification to be formally certified by the superintendent of the Taholah Agency and the chairman and secretary of the Makah Indian Tribal Council.
Submitted by the Secretary of the Interior for ratification by the Makah Indian Tribe of the Makah Reservation in a popular referendum to be held on February 27, 1937.
HAROLD L. ICKES,
WASHINGTON, D. C., February 8, 1937.
Pursuant to section 17 of the act of June 18, 1934 (48 Stat. 984), this Charter, issued on February 8, 1937, by the Secretary of the Interior to the Makah Indian Tribe of the Makah Indian Reservation, was duly submitted to the adult Indians living on the Reservation and was on February 27, 1937, duly ratified by a vote of 75 for and 2 against, in an election in which over 30 per cent of those entitled to vote cast their ballots.
LA VERNE ULMER,
NELS O. NICHOLSON,
Superintendent, Taholah Agency.