DEPARTMENT OF THE INTERIOR
OFFICE OF INDIAN AFFAIRS
OMAHA TRIBE OF NEBRASKA
RATIFIED AUGUST 22, 1936
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1936
CORPORATE CHARTER OF THE OMAHA TRIBE OF NEBRASKA
A FEDERAL CORPORATION CHARTERED UNDER THE ACT OF JUNE 18, 1934
Whereas, the Omaha Tribe of Nebraska is a recognized Indian tribe organized under a constitution and by-laws ratified by the tribe on February 15, 1936, and approved by the Secretary of the Interior on March 30, 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 Omaha Tribe of the Omaha Reservation in Nebraska
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 thirty percent of the eligible voters vote.
1. In order to further the economic development of the Omaha Tribe of the Omaha Reservation in Nebraska 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 Omaha Tribe of Nebraska."
2. The Omaha Tribe of Nebraska shall, as a Federal Corporation, have perpetual succession.
3. The Omaha Tribe of Nebraska 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 Tribal Council of the Omaha Tribe 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, or in this charter, 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 after at its pleasure a corporate seal.
|Termination of Supervisory Powers.||
6. At any time after twenty years from the effective date of this charter, the Tribal Council of the Omaha Tribe of Nebraska may request the Secretary of the Interior for the termination of any supervisory power reserved to the Secretary of the Interior under sections 5b (2), 5c, 5d, 5f, 5g, 5h, and section 8 of this charter. If the Secretary of the Interior shall approve such termination it 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 per cent of the eligible voters vote. If the Secretary shall disapprove such termination, or fail to approve or disapprove it within ninety days after its receipt, it 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 approved by two-thirds of the eligible voters, shall be effective.
7. No property rights of the Omaha Tribe of Nebraska, as heretofore constituted, 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 Tribe shall not be subject to any corporate debts or liabilities, without such owners' consent. Any existing lawful debts of the tribe shall continue in force, except as such debts may be satisfied or canceled pursuant to law.
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 after ten years from the ratification of this charter may distribute per capita, among the recognized members of the Tribe, all income or profits of corporate enterprises and activities over and above sums necessary to defray corporate obligations 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 income or 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 distribution of the financial assets of the tribe among its members on a per capita or pro rata basis shall be made except as provided in this section or as authorized by Congress.
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. The Treasurer of the Tribe shall be the custodian of all moneys which come under the jurisdiction or control of the Tribal Council. He shall pay out money in accordance with the orders and resolutions of the Council, and no disbursements shall be made without the signature or written approval of the Treasurer and of the Chairman of the Tribal Council. He shall keep accounts of all receipts and disbursements and shall make written reports of same to the Tribal Council at each regular and special meeting.
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, to be effective shall be ratified by a majority vote of the adult members living on the reservation at a popular referendum in which, at least thirty 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 Omaha Tribe of Nebraska living on the Omaha Reservation, provided at least thirty percent of the eligible voters shall vote, such ratification to be formally certified by the Superintendent of the Winnebago Agency and the Chairman of the Tribal Council of the Omaha Tribe.
HAROLD L. ICKES,
WASHINGTON, D. C., July 28, 1936.
Pursuant to section 17 of the Act of June 18, 1934 (48 Stat. 984), this charter, issued on July 28, 1936, by the Secretary of the Interior to the Omaha Tribe of Nebraska, was duly submitted for ratification to the adult Indians living on the Omaha Reservation and was on August 22, 1936, duly ratified by a vote of 221 for and 14 against, in an election in which over thirty percent of those entitled to vote cast their ballots.
GABE E. PARKER,
Superintendent, Winnebago Agency.