DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
PONCA INDIAN TRIBE
RATIFIED SEPTEMBER 20, 1950
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1951
CORPORATE CHARTER OF THE PONCA INDIAN TRIBE
A FEDERAL CORPORATION CHARTERED UNDER THE ACT
OF JUNE 26, 1936
Whereas, the Ponca Indian Tribe of Oklahoma constitutes a recognized tribe of Indians residing in Oklahoma, organized under a Constitution and Bylaws approved by William E. Warne, Assistant Secretary of the Interior, and ratified by the Indians of the said tribe on September 20, 1950, pursuant to section 3 of the Oklahoma Indian Welfare Act of June 26, 1936 (49 Stat. 1967); and
Whereas, the said tribe, by resolution of the Ponca Business Committee duly authorized, has requested that a charter of incorporation be issued to the said tribe, subject to ratification by vote of the members of the tribe;
Now, therefore, I, William E. Warne, Assistant Secretary
of the Interior, by virtue of the authority conferred upon me by the said
Act of June 26, 1936, do hereby issue this Charter of Incorporation to
the Ponca Indian Tribe of Oklahoma, to be effective from and after such
time as it may be ratified by a majority vote of the adult members of the
Ponca Indian Tribe voting: Provided, however, That such election
shall be void unless the total vote cast be at least 30 percent of those
entitled to vote.
1. The corporate purposes of the Ponca Indian Tribe of Oklahoma shall be:(a) To define and safeguard the rights and powers of the Ponca Tribe of Oklahoma and its members.
|Name, Membership, and Organization||
2. The name of this corporation shall be the Ponca Indian Tribe of Oklahoma, as provided in the Constitution and Bylaws of the said tribe. The membership, the officers, and the organization of the incorporated tribe shall be as provided in the said Constitution and Bylaws.
3. The Ponca Indian Tribe of Oklahoma, subject to any restrictions contained in the Constitution and Laws of the United States or in the constitution and Bylaws of the tribe, and to the limitations of sections 4 and 5 of this Charter, shall have the following corporate powers as provided by section 3 of the Oklahoma Indian Welfare Act of June 26, 1936.(a) To have succession by its corporate name perpetually.
|Limitations of Corporate Powers||
4. The foregoing corporate powers shall be subject Corporate to the following limitations:(a) No tribal land or interest in land shall ever be sold or mortgaged.
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5. Until 10 years from the date of ratification of this Charter or such other date as may be fixed pursuant to section 6, the following corporate acts or transactions shall be valid only after approval by the Secretary of the Interior or his duly authorized representatives:(a) Any contract involving a payment by the tribe of more than a total sum of $3,000 or of more than $1,200 in anyone year.
|Extension and Termination of Supervisory Powers||
6. At any time within 10 years after the ratification of this charter, any power of approval established by section 5 may be terminated by the Secretary of the Interior with the consent of the Ponca Business Committee. At or before the expiration of this 10-year period, the Secretary may propose a further extension of this period. Such proposed extension shall be effective unless disapproved by a three-fourths vote of the Ponca Business Committee.
|Corporate Rights and Property||
7. Any rights and powers heretofore vested in the Ponca Indian Tribe of Oklahoma, not expressly referred to in the Constitution, Bylaws or Charter of the said tribe, shall not be abridged, but may be exercised by the people of the Ponca Indian Tribe of Oklahoma, through the adoption of appropriate additions and amendments to the Constitution and Bylaws or Charter of the said tribe. No property rights or claims of the Ponca Indian Tribe existing prior to the ratification of this Charter shall be in any way impaired by anything contained in this Charter. The tribal ownership of unallotted lands, whether or not occupied by any particular individual, 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 owners' consent.
8. This Charter shall not be revoked or surrendered except by an act of Congress, but amendments may be proposed by four affirmative votes of the Ponca Business Committee or by a petition signed by at least 25 percent of the adult members of the tribe. Such amendments, if approved by the Secretary of the Interior, shall be submitted to referendum vote of all adult members of the tribe, and shall be effective if approved by a majority of those voting: Provided, That at least 30 percent of the adult members participate in the election.
9. This Charter shall be effective from and after the date of its ratification by a majority vote of the adult members of the Ponca Indian Tribe of Oklahoma: Provided, That at least 30 percent of the eligible voters shall vote, and provided the tribe has ratified a Constitution and Bylaws approved by the Secretary of the Interior. The ratification of the Charter shall be formally certified by the Superintendent of the Western Oklahoma Consolidated Indian Agency and by the chairman and secretary-treasurer of the tribe.
WILLIAM E. WARNE,
WASHINGTON, D. C., May 23, 1950.
I, William E. Warne, Assistant Secretary of the Interior of the United States of America, by virtue of the authority granted me by the act of June 26, 1936 (49 Stat. 1967), do hereby approve the attached Charter of the Ponca Tribe of Indians of Oklahoma, subject to ratification by the tribe in the manner therein provided.
Upon ratification of this Charter all rules and regulations heretofore promulgated by the Interior Department or by the Bureau of Indian Affairs, so far as they may be incompatible with any of the provisions of the said Charter and the Constitution and Bylaws, approved by me on May 23, 1950, and duly ratified by the tribe on September 20, 1950, are declared inapplicable to the Ponca Tribe of Indians of Oklahoma.
All officers and employees of the Interior Department are ordered to abide by the provisions of the said Constitution and Bylaws, and the Charter if, and when, ratified by the tribe.
Approval recommended: January 18, 1950.
Assistant Commissioner of Indian Affairs.
WILLIAM E. WARNE,
WASHINGTON, D. C., May 23, 1950.
Pursuant to section 3 of the act of June 26, 1936 (49 Stat. 1967), this Charter, issued on May 23, 1950, by the Assistant Secretary of the Interior to the Ponca Tribe of Indians of Oklahoma was duly submitted for ratification to the adult members of the tribe, and was on September 20, 1950, duly ratified by a vote of 132 for, and 25 against, in an election in which over 30 percent of those entitled to vote cast their ballots.
Ponca Tribal Election Board.
DANA A. KNIGHT,
JOHN L. JOHNSON,
Western Oklahoma Consolidated Agency.