DEPARTMENT OF THE INTERIOR
OFFICE OF INDIAN AFFAIRS
UPPER LAKE POMO INDIAN COMMUNITY
RATIFIED FEBRUARY 15, 1942
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1942
CORPORATE CHARTER OF THE UPPER
LAKE POMO INDIAN COMMUNITY
A FEDERAL CORPORATION CHARTERED UNDER THE ACT OF JUNE 18, 1934
Whereas, the people, of the Upper Lake Band of Pomo Indians of the Upper Lake Rancheria in the State of California ratified a Constitution and By-laws on November 30, 1935, which was approved by the Secretary of the Interior on January 15, 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, amendments to said Constitution and By-laws were approved on November 5, 1941, to include the Indians of the Pomo Reservation, and to establish a legal community organization to be known as the Upper Lake Pomo Indian Community, and
Whereas, more than 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 in the Community
Now, therefore, I, Oscar L. Chapman, Assistant Secretary
of the Interior, by virtue of the authority conferred upon me by Section
17 of the said Act of June 18, 1934, do hereby issue and submit this Charter
of Incorporation to be effective from and after such time as it may be
ratified by a majority vote of the adult Indians of the Upper Lake Pomo
1. In order to further the economic well-being and independence of the members of the Upper Lake Pomo Indian Community, the Community is hereby chartered as a body politic and corporate of the United States of America, under the corporate name, Upper Lake Pomo Indian Community.
2. The Upper Lake Pomo Indian Community shall, as a federal corporation, have perpetual succession.
3. The members of the corporation shall be all persons now or hereafter members of the Community, as provided by its duly ratified and approved Constitution and By-laws.
4. The Executive Committee of the Upper Lake Pomo Indian Community established in accordance with the said Constitution and By-laws, shall exercise all the corporate powers hereinafter enumerated.
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 Community, shall have the following corporate powers, in addition to all powers already conferred or guaranteed by its Constitution and. By-laws:(a) To adopt, use, and alter a corporate seal.
|Termination of Supervisory Powers.||
6. Upon request of the Executive Committee of the Upper Lake Pomo Indian Community 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), 5 (g), 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 ratification by the Community. The termination shall be effective upon ratification by majority vote of the adult members of the Community residing in the Community, at an election in which at least 30 percent of the eligible voters vote. If at any time after ten years from the date of approval of this Charter, the Secretary of the Interior shall disapprove a request for the termination of any such power; or fall to approve or disapprove it within 90 days after its receipt, the question of its termination may then be submitted by the Secretary or by the Executive Committee to popular referendum of the adult members of the Community actually living within the Community, and if the termination is approved by two-thirds of the eligible voters, it shall be effective.
7. No property rights of the members of the Upper Lake Pomo Indian Community 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 owned property of members of the Community shall not be subject to any corporate debts or liabilities without such owners' consent.
8. The Community 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 Community and may distribute per capita, among recognized members of the Community, all income of the Community over and above all sums necessary to defray corporate obligations to members of the Community or to other persons and over ,and above all sums which may be devoted to the establishment of a reserve fund, the construction of public works, the cost of public enterprises, the expenses of Community government, the needs of charity, or other corporate purposes. Any such distribution of 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 financial assets of the Community shall be distributed except as provided herein.
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 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 Executive Committee which, if approved by the Secretary of the Interior, shall be effective when ratified by a majority vote at a popular referendum in which at least 30 percent of the adult members living in the Community vote.
11. This Charter shall be effective from and after the date of its ratification by a majority vote at a popular referendum in which at least 30 percent of the adult members of the Community living in the Upper Lake Pomo Indian Community shall vote, the ratification of this Charter to be formally certified by the Superintendent of the Sacramento Agency and the Chairman and Secretary of the Executive Committee of the Upper Lake Pomo Indian Community.
[SEAL] OSCAR L. CHAPMAN,
WASHINGTON, D. C., January 21, 1942.
CERTIFICATION OF RATIFICATION
Pursuant to an order approved January 21, 1942, by the Assistant Secretary of the Interior, the attached Charter for the Upper Lake Pomo Indian Community was submitted for ratification to the qualified voters of the Community and on February 16, 1942, was duly ratified by a vote of 30 for, and 0 against, in an election in which over thirty percent of those entitled to vote cast their ballots, in accordance with Section 17 of the Indian Reorganization Act of June 18, 1934 (48 Stat. 984) as amended by the Act of June 15, 1935 (49 Stat. 378).
JOHN G. ROCKWELL,
Field Representative in Charge, Sacramento Agency.