DEPARTMENT OF THE INTERIOR
OFFICE OF INDIAN AFFAIRS
RATIFIED JUNE 6,1938
GOVERNMENT PRINTING OFFICE
CORPORATE CHARTER OF THE FORT McDOWELL
A FEDERAL CORPORATION CHARTERED UNDER TIIE ACT OF
JUNE 18, 1934
Whereas, the Fort McDowell Mohave-Apache Community
of the Fort McDowell Indian Reservation is a recognized Indian tribe organized
under a constitution and by-laws ratified by the Community on October 3,
1936, and approved by the Secretary of the Interior on November 24, 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 thin 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 Fort McDowell Mohave-Apache Community of the Fort McDowell Indian Reservation to be effective from and after such time as it may be ratified by a majority vote at an election in which at least 30 per cent of the adult Indians living on the reservation shall vote.
|Corporaate Exostemce and Purpose.||1. In order to further the economic development of the Fort McDowell Mohave-Apache Community of the Fort McDowell Indian Reservation in Arizona by conferring upon the said Community certain corporate rights, powers, privileges and immunities; to secure for the members of the Community an 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 Community is hereby chartered as a body politic and corporate of the United States of America, under the corporate name "The Fort McDowell Mohave-Apache Indian Community."|
|Perpetual Succession.||2. The Fort McDowell Mohave-Apache Community shall, as a Federal Corporation, have perpetual succession|
|Membership.||3. The Fort McDowell Mohave-Apache Community 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.|
|Management.||4. The Council of the Fort McDowell Mohave-Apache Community established in accordance with the said constitution and by-laws of the Comniunity, shall exercise all the corporate powers hereinafter enumerated.|
|Corporate Powers.||5. The 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 Community, shall have the following
corporate powers, in addition to all Ipowers already conferred or guaranteed
by its constitution and by-laws:
(a) To adopt, use, and alter at its pleasure a corporate seal.
|Termination of Supervisory Powers.||6. Upon the request of the Community Council for the termination of any supervisory power reserved to the Secretary of the Interior under sections 5 (b), (2), 5 (c), 5 (e), 5 (f) and 5 (g), of this Charter, the Secretary of the Interior, if he shall approve such request shall thereupon submit the question of such termination to the Community for a referendum vote. The termination shall be effective upon ratification by a majority vote at an election in which at least 30 per cent of the adult members of the Community residing on the reservation shall vote. If at any time after ten years from the effective date of this Charter, such request shall be made and the Secretary shall disapprove such request 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 of the Interior 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.|
|Corporate Income.||7. No property rights of the Fort McDowell Mohave-Apache Community
as heretofore constituted, shall be in any way 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 ownedproperty of members of the Community shall not be subject to corporate debts or liabilities, without such owners' consent. Any existing lawful debts of the Comunity shall continue in force, except as such debts may be satisfied or cancelled pursuant to law.
|Corporate Dividends.||8. The Community may issue to each of its members a nontransferable certificate of membership evidencing the equal share of each member in the assets of the Community and may use all profits of corporate enterprises or income over and above sums necessary to defray corporate obligations for the establishment of a reserve fund, the construction of public enterprises, the expense of Community Government, the needs of charity, or other corporate purposes. No per capita distribution of any assets of the Community shall be made.|
|Corporate Accounts.||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 Comissiioner of Indian Affairs. The Treasurer of the Community shall be the custodian of all moneys which come under the jurisdiction or control of the Community Council. He shall pay out money in accordance with the orders and resolutions of the Council, and no disbursements shall be made without signature or approval of th Treasurer. He shall keep accounts of all receipts and disbursements and shall make written reports of same to the Community Council at each regular a meeting. He shall be bonded in such an amount as the Council by resolution shall provide, such bond to be approved by the Commissioner of Indian Affairs. The books of the Treasurer shall be audited at the direction of the Council or of the Commissioner of Indian Affairs, and shall be open to inspection by members of the Community or duly authorized representatives of the Government at all reasonable times.
|Amendments.||10. This Charter shall not be revoked or surrendered except by Act of Congress, but amendments may be proposed by resolutions of the Council which if approved by the Secretary of the Interior, shall be eiffective when ratified by a majority vote of the adult members living on the reservation at apopular referendum in which at least 30 per cent of the eligible voters vote.|
|Ratification.||11. This Charier shall be effective from and after the date of its ratification by a majority vote of the adult members of the Fort McDowell Mohave-Apache Community living on the Fort McDowell Indian Reservation provided at least 30 per cent of the eligible voters shall vote, such ratification to be formally certified by the Superintendent in charge of the Fort McDowell Indian Reservation and the President of the Fort McDowell Mohave-Apache Community.|
Submitted by the Assistant Secretary of the Interior
for ratifieation by the Fort McDowell Mohave-Apache Community of the Fort
McDowell Indian Reservation.
OSCAR L. CHAPMAN,
Assistant Secretary of the Interior.
WASHINGTON, D. C., April 26,1938.
Pursuant to section 17 of the Act of June 18, 1934
(48 Stat. 984), this Charter, issued on April 26, 1938 by the Assistant
Secretary of the Interior to the Fort McDowell Mohave-Apache Community
of the Fort McDowell Indian Reservation, was duly submitted for ratification
to the adult Indians living on the reservation and was on June 6, 1938
duly approved by a vote of 71 for, and 4 against, in an election in which
over 30 per cent of those entitled to vote cast their ballots.
President, Fort McDowell Mohave-Apache Community.
H. E. ROBINSON,
Superintendent, Pima Agency.