DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
SAN CARLOS APACHE TRIBE
Ratified March 7, 1955
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1957
AMENDED CORPORATE CHARTER
SAN CARLOS APACHE TRIBE, ARIZONA
Whereas, the Council of the San Carlos Apache Tribe as expressed in its Resolution No. 51-54 which was adopted on December 8, 1954, deems it desirable to propose certain amendments to the Corporate Charter of the San Carlos Apache Tribe which was issued to the Tribe by Acting Assistant Secretary W. C. Mendenhall on September 27, 1940, by virtue of the authority conferred upon him by the act of June 18, 1934 (48 Stat. 984), and which was subsequently ratified by the adult members of the Tribe on October 16, 1940, by a vote of 588 for, and 399 against, in an election in which over thirty percent of the tribal members entitled to vote cast their ballots,
Now, therefore, I, ORME LEWIS, Assistant Secretary
of the Interior, by virtue of the authority conferred upon me by the said
Act of June 18, 1934, supra, and in accordance with Section 9 of the San
Carlos Corporate Charter which was ratified by the San Carlos Apache Tribe
on October 16, 1940, do hereby present the following revised Corporate
Charter which I have approved for ratification by a majority vote of the
adult members living on the San Carlos reservation at an election in which
at least thirty percent of the eligible voters vote. This revised Corporate
Charter shall 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 bylaws 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 bylaws 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 bylaws.A. To adopt, use and alter a corporate seal.
6. No property rights of the San Carlos Tribe, 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 the owner's consent.
7. 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 obligations 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 other than money that may be recovered on tribal claims against the government.
8. 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 through the tribal council at a general meeting of the tribe.
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 amended 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 vote, such ratification to be formally certified by the Superintendent of the San Carlos Apache Agency and the Chairman of the San Carlos Apache Tribe.
Amended Corporate Charter of the San Carlos Apache Tribe, Arizona
The amended Corporate Charter of the San Carlos Apache Tribe is herewith approved and submitted for ratification by the adult members of the Tribe living on the San Carlos Reservation, in accordance with Section 9 of the Charter and pursuant to the authority vested in the Secretary of the Interior by the Act of June 18, 1934 (48 Stat. 984).
Acting Commissioner of Indian Affairs
CERTIFICATE OF RATIFICATION
Pursuant to Section 17 of the Act of June 18, 1934 (48 Stat. 984), the foregoing amended Corporate Charter issued on January 26, 1955, by the 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 March 7, 1955, ratified by a vote of 522 for and 158 against, in an election in which at least 30 percent of those entitled to vote cast their ballots.
JESS J. STEVENS
Superintendent, San Carlos Agency