DEPARTMENT OF THE INTERIOR
OFFICE OF INDIAN AFFAIRS
SAN CARLOS APACHE TRIBE
RATIFIED OCTOBER 16, 1940
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1941
CORPORATE CHARTER OF THE SAN CARLOS APACHE
A FEDERAL CORPORATION CHARTERED UNDER THE ACT OF
JUNE 18, 1934
Whereas, the San Carlos Apache Indians of Arizona constitute a recognized Indian Tribe, organized under a constitution and by-laws, ratified by the tribe on October 19, 1935, and approved by the Acting Secretary of the Interior on January 17, 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 vote of the adult Indians living on the reservation;
Now, therefore, I, Dr. W. C, Mendenhall, the Acting
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 San Carlos Apache Tribe,
to be effective from and after such time as it may be ratified by the tribe
as herein provided.
|Corporate Existence and Purpose.||
1. In order to further the economic well-being and independence of the San Carlos Apache Tribe and its members by giving to the tribe certain corporate rights, powers, privileges and exemptions the aforesaid tribe is hereby chartered as a body politic and corporate of the United States of America, under the corporate name, "San Carlos Apache Tribe."
2. The San Carlos Apache Tribe shall as a Federal corporation have indefinite duration.
3. The San Carlos Apache Tribe shall be a membership corporation consisting of all members now or hereafter recognized as members of the tribe, as provided for in Article III of the Constitution. No person, except as provided in Article III of the Constitution, shall become a member of the Corporation.
4. The Tribal Council of the San Carlos Apache 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 the 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 the powers already conferred or guaranteed by the tribal constitution and by-laws.A. To adopt, use and alter a corporate seal.
|Termination of Supervisory Powers.||
6. At any time after ten years from the effective date of this charter, the Tribal Council may request termination of supervisory powers reserved to the Secretary of the Interior under sections 5(B-2), 5 (C), 5 (E), and 5 (F).
7. No property rights of the San Carlos Apache Tribe, as heretofore constituted, shall be in any way impaired by anything contained in this chapter, 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 the owner's consent.
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 use all profits of corporate enterprises or income, over and above sums necessary to defray corporate operations and over and above all sums which may be devoted to the establishment of a reserve fund, for public purposes of the tribe, including the construction of public works, the cost of public enterprises, the expense of tribal government, the needs of charity and the making of loans to members of the tribe, but no general distribution per capita of such profits or income shall be made.
8a. The tribe shall maintain accurate and complete accounts of the financial affairs of the tribe and shall furnish an annual balance sheet and report of the financial affairs of the tribe to the Commissioner of Indian Affairs.
9. 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, to be effective, shall be ratified by a majority vote of the adult members living on the reservation at an election in which at least thirty percent of the eligible voters vote.
10. This charter shall be effective from and after the date of its ratification by a majority vote of the adult members of the San Carlos Apache Tribe, provided at least thirty percent of the eligible voters shall voter such ratification to be formally certified by the Superintendent of the San Carlos Apache Agency and the Chairman of the San Carlos Apache Tribe.
W. C. MENDENHALL,
WASHINGTON, D. C., September 27, 1940.
Pursuant to section 17 of the Act of June, 18, 1934 (48 Stat, 984) this Charter, issued on September 27, 1940, by the Acting Assistant Secretary of the Interior to the San Carlos Apache Tribe of the State of Arizona, was duly submitted for ratification to the adult members of the tribe and was on October 16, 1940, duly ratified by a vote of 588 for, and 339 against, in an election in which over 30 percent of those entitled to vote cast their ballots.
ERNEST R. MCCRAY,
Superintendent, San Carlos Agency.