DEPARTMENT OF THE INTERIOR
OFFICE OF INDIAN AFFAIRS
CACHIL DEHE BAND OF WINTUN INDIANS
COLUSA INDIAN COMMUNITY
RATIFIED NOVEMBER 23, 1941
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1942
CORPORATE CHARTER OF THE CACHIL DEHE BAND OF WINTUN
INDIANS OF THE COLUSA INDIAN COMMUNITY
A FEDERAL CORPORATION CHARTERED UNDER THE ACT OF JUNE 18, 1934
Whereas, the Cachil Dehe Band of Wintun Indians of the Colusa Indian Community in the State of California constitutes a recognized Indian band organized under a Constitution and By-laws ratified by the members of the Cachil Dehe Band of Wintun Indians on November 23, 1941, and approved by the Secretary of the Interior on October 17, 1941, 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 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 this Charter of Incorporation
to be effective from and after such time as it may be ratified by the adult
Indians of the Colusa IndianCommunity, provided, that a Constitution and
By-laws has previously been adopted by a vote of the said Indian Community.
1. In order to further the economic well-being and independence of the Cachil Dehe Band of Wintun Indians of the Colusa Indian Community, the Community is hereby chartered as a body politic and corporate of the United States of America, under the corporate name, Colusa Indian Community.
2. The Colusa 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 Colusa Indian Community Council 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 Colusa Indian Community Council 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 fail 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 Community Council 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 Cachil Dehe Band of Wintun Indians 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 corporated debts or liabilities without such owners' consent.
8. The Community may issue to each of its members a non-transferable certificate of rnembership 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 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 purpose. 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.
10. This Charter shall not be revoked or surrendered except by Act of Congress, but amendments may be proposed by resolutions of the Community Council which, if approved by the Secretary of the Interior, shall be effective when ratified by a majority vote of the adult members living in the Community at a popular referendum in which at least 30 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 Community living in the Colusa Indian Community, provided at least 30 percent of the eligible voters shall vote, and provided further that the Constitution and By-laws has been duly ratified, the ratification of said Constitution and By-laws and of this Charter to be formally certified by the Superintendent of the Sacramento Agency and the chairman and secretary of the Election Board of the Colusa Indian Community.
OSCAR L. CHAPMAN,
WASHINGTON, D. C., October 17, 1941.
Pursuant to section 17 of the Act of June 18, 1934 (48 Stat. 984), this Charter, issued on October 17, 1941, by the Assistant Secretary of the Interior to the Cachil Dehe Band of Wintun Indians of the Colusa Indian Community in California, was duly submitted for ratification to the adult members of the Community residing in the Colusa Indian Community and was on November 23, 1941, duly ratified by a vote of 24 for, and 1 against, in an election in which over 30 percent of those entitled to vote cast their ballots.
Chairman, Election Board.
F. R. GONZALES,
Secretary, Election Board.
JOHN G. ROCKWELL
Field Representative in