DEPARTMENT OF THE INTERIOR
OFFICE OF INDIAN AFFAIRS
SHIVWITS BAND OF PAIUTE INDIANS
RATIFIED AUGUST 30, 1941
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1942
CORPORATE CHARTER OF THE SHIVWITS BAND OF PAIUTE
INDIANS OF THE SHIVWITS RESERVATION, UTAH
A FEDERAL CORPORATION CHARTERED UNDER THE ACT OF JUNE 18, 1934
Whereas, the Shivwits Band of Paiute Indians of the Shivwits Indian Reservation in Utah is a recognized Indian Tribe organized under a constitution and by-laws ratified by the Band on February 10, 1940, and approved by the Assistant Secretary of the Interior on March 21, 1940, 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 Band have petitioned that a charter of incorporation be granted to such Band, subject to ratification by a vote of the adult Indians living on the reservation;
Now, therefore, I, Oscar L. Chapman, 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 Shivwits Band of Paiute Indians of the Shivwits
Indian Reservation, to be effective from and after such time as it may
be ratified by a majority vote in an election at which at least thirty
percent of the adult Indians living on the reservation shall vote.
1. In order to further the economic development of the Shivwits Band of Paiute Indians of the Shivwits Indian Reservation in the State of Utah by conferring upon the said Band certain corporate rights, powers, privileges and immunities; to secure for the members of the Band, an assured economic independence; and to provide for the proper exercise by the Band of various functions heretofore performed by the Department of the Interior, the aforesaid Band is hereby chartered as a body politic and corporate of the United States of America, under the corporate name "The Shivwits Band of Paiute Indians."
2. The Shivwits Band of Paiute Indians shall, as a Federal Corporation, have perpetual succession.
3. The Shivwits Band of Paiute Indians shall be a membership corporation. Its members shall consist of all persons now or hereafter members of the Band, as provided, by its duly ratified and approved Constitution and By-laws.
4. The Shivwits Business Council established in accordance with the said Constitution and By-laws of the Band, shall exercise all the corporate powers hereinafter enumerated.
5. The Band, subject to any restrictions contained in the Constitution and laws of the United States, or in the Constitution and By-laws of the said Band, 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.
(b) To purchase, take by gift, bequest, or otherwise, own, hold, manage, operate, and dispose of property of every description, real and personal, subject to the following limitations:
(1) No sale or mortgage may be made by the Band of any land or interest in land, including mineral rights, now or hereafter held by the Band within the boundaries of the Shivwits Indian Reservation.(c) To issue interests in corporate property in exchange for restricted Indian lands, the forms or such interests to be approved by the Secretary of the Interior.
(2) No leases or permits (which term shall not include land assignments to members of the Band) covering any land or interests in land now or hereafter held by the Band within the boundaries of the Shivwits Indian Reservation, shall be made by the Band for a longer term than five years, and all such leases, permits or contracts must be approved by the Secretary of the Interior or by his duly authorized representative; but mineral leases or any leases requiring substantial improvements of the land may be made for longer periods when authorized by law.
(3) No action shall be taken by or in behalf of the Band which in any way operates to destroy or injure the tribal grazing lands or other natural resources of the Shivwits Indian Reservation. All leases or permits relating to the use of tribal grazing lands shall conform to regulations of the Secretary of the Interior authorized by Section 6 of the Act of June 18, 1934, with respect to range carrying capacity and other matters therein specified. Conformity to such regulations shall be made a condition of any such lease or permit whether or not such agreement requires the approval of the Secretary of the Interior, and violation of such condition shall render the agreement revocable, in the discretion of the Secretary of the Interior.
(d) To borrow money from the Indian Credit Fund in accordance with the terms of Section 10 of the Act of June 18, 1934 (48 Stat. 984), or from any other governmental agency, or from any member or association of members of the Band, and to use such funds directly for productive tribal enterprises, or to loan money thus borrowed to individual members or associations of members of the Band: Provided, That the amount of indebtedness to which the Band may subject itself, aside from loans from the Indian Credit Fund, shall not exceed $3,000, except with the express approval of the Secretary of the Interior.
(e) To engage in any business that will further the economic well-being of the members of the Band, or to undertake any activity of any nature whatever, not inconsistent with law or with any provisions of this Charter.
(f) To make and perform contracts and agreements of every description, not inconsistent with law or with any provisions of this Charter, with any person, association, or corporation, with any municipality or any county, or with the United States or the State of Utah, including agreements with the State of Utah for the rendition of public service: Provided, That any contract involving payment of money by the corporation in excess of $300 in any one fiscal year shall be subject to the approval of the Secretary of the Interior or his duly authorized representative.
(g) To pledge or assign chattels or future tribal income due or to become due, to the Band: Provided, That such agreements of pledge or assignment, other than an agreement with the United States, shall not extend more than ten years from the date of execution and shall not cover more than one-half of the net tribal income in the preceding year: And provided further, That any such agreement shall be subject to the approval of the Secretary of the Interior or his duly authorized representative.
(h) To deposit corporate funds, from whatever source derived, in any national or state bank to the extent that such funds are insured by the Federal Deposit Insurance Corporation, or secured by a surety bond, or other security, approved by the Secretary of the Interior; or to deposit such funds in the Postal Savings Bank or with a bonded disbursing officer of the United States to the credit of the Band.
(i) To sue and to be sued in courts of competent jurisdictions within the United States; but the grant or exercise of such power to sue and to be sued shall not be deemed a consent by the Band or by the United States to the levy of any judgment, lien, or attachment upon the property of the Band other than income or chattel specially pledged or assigned.
(j) To exercise such further incidental powers, not inconsistent
with law, as may be necessary to the conduct of corporate business.
|Termination of Supervisory Powers.||
6. Upon request by the Shivwits Business Council for the termination of any supervisory power reserved to the Secretary of the Interior under Sections 5 (b) (2), 5 (c), 5 (d), 5 (f), 5 (g), 5 (h), 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 Band. The termination shall be effective upon ratification by the majority vote of the adult members of the Band residing on the Reservation at an election in which at least thirty percent of the eligible voters vote. If at any time after ten years from the date of ratification of this Charter such request shall be made and the Secretary shall disapprove it or fail to approve or disapprove it within ninety days after its receipt, the question of the termination of any such power may then be submitted by the Secretary or by the Business Council to popular referendum of the adult members of the Band actually living within the reservation, and if the termination is approved by two-thirds of the eligible voters, it shall be effective.
7. No property rights of the Shivwits Band of Paiute Indians 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 Band shall not be subject to any corporate debts or liabilities, without such owners' consent. Any existing lawful debts of the Band shall continue in force, except as such debts may be satisfied or canceled pursuant to law.
8. The Band 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 Band and may distribute per capita, among the recognized members of the Band, all income of the Band over and above all sums necessary to defray corporate obligations to members of the Band 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 costs of public enterprises, the expenses of tribal 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 Band shall be distributed except as provided herein.
9. The officers of the Band shall maintain accurate and complete public accounts of the financial affairs of the Band, 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 Band 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 Business Council which, if approved by the Secretary of the Interior, shall be effective when ratified by a majority vote of the adult members living on the reservation at a popular referendum in which at least thirty 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 Shivwits Band of Paiute Indians living on the Shivwits Indian Reservation, provided at least thirty percent of the eligible voters shall vote, such ratification to be formally certified by the Superintendent of the Uintah and Ouray Agency and the Chairman and the Secretary of the Shivwits Business Council.
OSCAR L. CHAPMAN,
WASHINGTON, D. C., August 12, 1941.
Pursuant to Section 17 of the Act of June 18, 1934 (48 Stat. 984), this Charter, issued on August 12, 1941, by the Assistant Secretary of the Interior to the Shivwits Band of Paiute Indians of the Shivwits Reservation in Utah, was duly submitted for ratification to the adult Indians residing on the reservation and was on August 30, 1941, duly ratified by a vote 34 for, and 2 against, in an election in which over 30 percent of those entitled to vote cast their ballots.
C. C. WRIGHT,
Superintendent, Uintah and Ouray Agency.