DEPARTMENT OF THE INTERIOR
OFFICE OF INDIAN AFFAIRS
MOAPA BAND OF PAIUTE INDIANS
MOAPA RIVER RESERVATION, NEVADA
RATIFIED MAY 3, 1942
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1943
CORPORATE CHARTER OF THE MOAPA BAND OF PAIUTE
INDIANS OF THE MOAPA RIVER RESERVATION, NEVADA
A FEDERAL CORPORATION CHARTERED UNDER THE ACT OF JUNE 18, 1934
Whereas, the Moapa Band of Paiute Indians residing on the Moapa River Reservation in the State of Nevada constitutes a recognized Indian tribe organized under a Constitution and By-laws ratified by the members of the Moapa Band of Paiute Indians on March 15, 1942, and approved by the Secretary of the Interior on April 17, 1942, 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 Moapa Band of Paiute Indians have petitioned that a charter of incorporation be granted to such Band, subject to ratification by a vote of the adult Indians living on the Moapa River 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 (49 Stat. 984), do hereby issue and submit this Charter
of incorporation to the Moapa Band of Paiute Indians of the Moapa River
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 percent of the eligible voters vote.
1. In order to further the economic development of the Moapa Band of Paiute Indians of the Moapa River Reservation in the State of Nevada by conferring upon the said Band certain corporate rights, powers, privileges, and immunities; to secure for the members of the Band an assured economic independence; and to provide for the proper exercise by the Band of various functions heretofore performed by the Department of the Interior, the aforesaid Band is hereby chartered as a body politic and corporate of the United States of America, under the corporate name "The Moapa Band of Paiute Indians".
2. The Moapa Band of Paiute Indians shall, as a federal corporation, have perpetual succession.
3. The Moapa Band of Paiute Indians shall be a membership corporation. Its members shall consist of all persons now or hereafter members of the Moapa Band of Paiute Indians, as provided by its duly ratified and approved Constitution and By-laws.
4. The Moapa Business Council established in accordance with the said Constitution and By-laws of the Moapa Band of Paiute Indians shall exercise all the corporate powers hereafter enumerated.
5. The Moapa Band of Paiute Indians, subject to any restrictions contained in the Constitution and laws of the United States, or in the Constitution and By-laws of the Band, 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 Moapa Business Council for the termination of any supervisory power reserved to the Secretary of the Interior under Sections 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 Band. The termination shall be effective upon ratification by a majority vote of the adult members of the Band residing on the Reservation, at an election in which at least 30 percent 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 Business Council, to popular referendum of the adult members of the Band 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 Moapa Band of Paiute Indians 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 Band shall not be subject to any corporate debts or liabilities, without such owners' consent. Any existing lawful debts of the Band shall continue in force, except as such debts may be satisfied or canceled pursuant to law.
8. The Moapa Band of Paiute Indians 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 Moapa Band of Paiute Indians and may distribute per capita, among the recognized members of the Band, all income of the Band over and above sums necessary to defray corporate obligations to members of the Band 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 purposes. No such distribution of profits in any one year amounting to a distribution of more than one-half of the accrued surplus, shall be made without the approval of the Secretary of the Interior. No financial assets of the Band shall be distributed except as provided herein.
9. The officers of the Band shall maintain accurate and complete public accounts of the financial affairs of the Band 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 Band 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 Moapa Business 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 Moapa River Reservation, provided at least 30 percent of the eligible voters shall vote, such ratification to be formally certified by the Superintendent of the Carson Indian Agency and the Chairman and Secretary of the Moapa Business Council.
OSCAR L. CHAPMAN,
WASHINGTON, D. C., April 17, 1942.
Pursuant to an order approved April 17, 1942, by the Assistant Secretary of the Interior, the attached Charter for the Moapa Band of Paiute Indians of the Moapa River Reservation was submitted for ratification to the qualified members of the Moapa River Reservation and on May 3, 1942, was duly ratified by a vote of 43 for, and 1 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).
DON C. FOSTER,
Superintendent, Carson Agency.