DEPARTMENT OF THE INTERIOR
OFFICE OF INDIAN AFFAIRS
FLANDREAU SANTEE SIOUX TRIBE
RATIFIED OCTOBER 31, 1936
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1937
CORPORATE CHARTER OF THE FLANDREAU SANTEE SIOUX TRIBE
A FEDERAL CORPORATION CHARTERED UNDER THE ACT OF JUNE 18, 1934
Whereas, the Flandreau Santee Sioux Tribe in South
Dakota is a recognized Indian tribe organized under a Constitution and
By-laws ratified by the tribe on April 4, 1936, and approved by the Secretary of the Interior on April 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 than one-third of the adult members of the Tribe have petitioned that 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, T. A. Walters, Acting 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 Flandreau Santee Sioux Tribe to be effective from
and after such time as it may be ratified by a majority vote at an election
in which at least thirty per cent of the adult Indians living on the Reservation
1. In order to further the economic development of the Flandreau Santee Sioux Tribe in South Dakota 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 Flandreau Santee Sioux Tribe."
2. The Flandreau Santee Sioux Tribe shall, as a Federal Corporation, have perpetual succession.
3. The Flandreau Santee Sioux Tribe 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 General Business Council established in accordance with the said Constitution and By-laws of the Tribe, shall exercise all the corporate powers hereinafter enumerated or it may delegate to the Executive Committee elected under the said Constitution and By-laws any of such powers, reserving the right to review any action taken by virtue of such delegated powers.
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 alter at its pleasure a corporate seal.
|Termination of Supervisory Powers.||
6. Upon the request of the General Business Council 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, the Secretary of the Interior, if he shall approve such request, shall thereupon submit the question of such termination for referendum by the Tribe. The termination shall be effective upon ratification by a majority vote at an election in which at least thirty percent of the adult members of the Tribe vote.
7. No property rights of the Flandreau Santee Sioux Tribe as heretofore constituted, shall be in any way impaired by anything contained in this charter, and the tribal ownership of land purchased for the Tribe 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 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 distribute per capita among the recognized members of the Tribe, all profits of corporate enterprises or income 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. No such distribution of profits or income 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 distribution of the financial assets of the Tribe among its members shall be made except as provided in this section or as authorized by Congress.
9. The appropriate 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.
10. This Charter shall not be revoked or surrendered except by act of Congress, but amendments may be proposed by resolutions of the General Business Council which if approved by the Secretary of the Interior, to be effective shall be ratified by the adult members of the Tribe through a majority vote at a popular referendum in which at least 30 per cent 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 Flandreau Santee Sioux Tribe living on the reservation, provided at least 30 per cent of the eligible voters shall vote, such ratification to be formally certified by the Superintendent of the Flandreau Indian School and the President of the General Business Council of the Tribe.
T. A. WALTERS,
Acting Secretary of the Interior.
WASHINGTON, D. C., October 24, 1936.
Pursuant to Section 17 of the Act of June 18, 1934 (48 Stat. 984), this Charter, issued on October 24, 1936, by the Acting Secretary of the Interior to the Flandreau Santee Sioux Tribe of the Flandreau Reservation was duly submitted for ratification to the adult Indians living on the reservation and was on October 31, 1936, duly ratified by a vote of 42 for and one against, in an election in which over thirty per cent of those entitled to vote cast their ballots.
GEORGE EASTMAN, Sr.,
President, Flandreau Santee Sioux General Business Council.
GEORGE EASTMAN, Jr.,
Secretary, Flandreau Santee Sioux General Business Council.
BYRON J. BROPHY,
Superintendent, Flandreau Indian School.