kingischrt

UNITED STATES
DEPARTMENT OF THE INTERIOR
OFFICE OF INDIAN AFFAIRS

CORPORATE CHARTER

OF THE

KING ISLAND NATIVE COMMUNITY
ALASKA

RATIFIED JANUARY 31, 1939

UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1940

CORPORATE CHARTER OF THE KING ISLAND NATIVE
COMMUNITY

A FEDERAL CORPORATION CHARTERED UNDER THE ACT OF JUNE 18,
1934, AS AMENDED BY THE ACT OF MAY 1, 1936

    Whereas, a group of Eskimos having a common bond of residence on King Island, Territory of Alaska, seek to organize under sections 16 and 17 of the Act of June 18,1934 (48 Stat. 984), and section 1 of the Act of May 1, 1936 (49 Stat. 1250), by ratification of a constitution and by-laws and a charter approved by the Secretary of the Interior, and
    Whereas, more than one-third of the adult Eskimos have petitioned that a charter of incorporation be granted to this group of Eskimos,
    Now, therefore, I, Oscar L. Chapman, Assistant Secretary of the Interior, by virtue of the authority conferred upon me by the above cited acts, do hereby issue and submit this Charter of incorporation to the group of Eskimos organizing as aforesaid, to be effective when duly ratified, provided that the said Constitution and By-laws have been duly ratified.

Purpose and Existence.
1.    In order to further the economic development of the Eskimos residing on King Island, Alaska, by conferring upon the King Island, Native Community certain corporate rights and powers; and to enable this Community and its members to undertake enterprises designed to secure for the members of the corporation an assured economic independence, the aforesaid Community is hereby chartered as a body corporate of the United States of America, under the corporate name of King Island Native Community, hereinafter called the Community.

Perpetual Succession. 2.    The Community shall, as a Federal Corporation, have perpetual succession.

Membership. 3.    The Community shall be a membership corporation. Its members shall consist of all persons now or hereafter members of the Community as provided by its duly ratified and approved Constitution and By-laws.

Management. 4.    The Council of the Community established in accordance with the said Constitution and By-laws of the Community, shall exercise all the corporate powers hereinafter enumerated.

Corporate Powers.
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 said 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.
    (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 nor mortgage may be made by the Community of any land, including water, fishing or mineral rights, held by the Community within any area which may be set aside by the Federal Government as a reserve for the use of the Community.
        2.    No leases, permits (which terms shall not include land assignments or fishing privileges granted to members of the Community) nor timber sale contracts covering any land or interests in land held by the Community within reserve set aside for the Community shall be made by the Community for a longer term than five years, and all such leases and permits, except to members of the Community, and all such contracts must be approved by the Secretary of the Interior or by his duly authorized representative: Provided, That leases requiring substantial improvements may be made for longer periods when authorized by law.
    (c)    To issue interests in corporate property in exchange for transfers of property by individual members of the Community.
    (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 source, and to use such funds directly for productive enterprises, or to advance money thus borrowed to individual members or groups of members of the Community for enterprises related to those of the Community.
    (e) To engage in any business that will further the economic well-being of the members of the Community 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 with the United States or the Territory of Alaska, including agreements with the said Territory for the rendition of public services.
    (g)    To pledge or assign chattels or future corporate income due, or to become due to the Community: Provided, That such assignments of corporate income, other than assignments to the United States, shall not extend for more than five years from the date of execution.
    (h)    To deposit corporate funds, from whatever source derived, in any National or Territorial bank to the extent that such funds are insured by the Federal Deposit Insurance corporation, or secured by a surety bond, other security, or to deposit such funds in the Postal Savings Bank or with a bonded disbursing officer of the Interior Department to the credit of the Corporation.
    (i)    To sue and be sued in courts of competent jurisdiction within the Territory of Alaska or the United States. To exercise such further incidental powers, not inconsistent with law, as may be necessary to the conduct of corporate business.

Corporate Property. 6. The individually-owned property of members of the corporation shall not be subject to any corporate debts or liabilities without such owners' consent.

Corporate Income. 7. The Community shall, at the end of its fiscal year, apply its income in excess of operating expenses during such fiscal year in the following order:
    First: To payment of any due indebtedness.
    Second: To creation of a fund for operation and for liquidation of indebtedness becoming due in the next operating period.
    Third: To creation of a reserve for depreciation of the physical property of the Community and the undertaking, construction, operation and improvement of corporate enterprises.
    Fourth: To utilization for such social, educational and relief purposes as the Community may determine.
    Fifth: To distribution as dividends to members of the Community.

Corporate Dividends. 8.    Dividends shall be distributed to members of the Community on the basis of their patronage of the Communitv according to an equitable system set forth in the regulations of the Community. Patronage shall include the sale of goods to, and the purchase of goods from, the Community and work done for the Community, but shall not include the salary paid to a manager nor business done with nonmembers of the Community. No dividends may be declared or paid while ths corporation is indebted to the Indian Credit Fund unless the operation and reserve funds provided for in section 8 are in an amount satisfac- tory to the Secretary of the Interior or his authorized representative.

Regulation of Payments. 9.    The Community may regulate the payment of dividends or other corporate property in order to safeguard the interests of any minor, incompetent or disabled member, the dependents of members who might become a public charge, and the heirs or devisees of deceased members.

Corporate Accounts. 10.    The officers of the Community shall maintain accurate and complete public accounts of the financial affairs of the corporation, 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 corporation to the Principal Teacher in King Island for inspection and forwarding to the Juneau Office of the Office of Indian Affairs.

Amendments.
11.    This Charter shall not be revoked or surrendered except by Act of Congress, but amendments may be proposed by resolutions of the Council or of the Community which amendments, if approved by the Secretary of the Interior, shall be effective when ratified by a majority vote of the adult members of the Community voting in a popular referendum called for the purpose by the Secretary of the Interior, provided that at least 30 per cent of the eligible voters vote in such an election.

Ratification.
12.    This Charter shall be effective from and after the date of its ratification by a majority of those voting in an election called for the purpose by the Secretary of the Interior, provided that at least 30 per cent of the eligible voters shall vote and provided that the Community has ratified a Constitution and By-laws approved by the Secretary of the Interior. The ratification of the Charter shall be formally certified by the Election Board. The persons entitled to vote are those Eskimos entitled to vote on the Constitution and By-laws for this Community.

    This Charter is herewith approved and issued by the Assistant Secretary of the Interior, the attached charter and submitted for ratification by the group of Eskimos having a common bond of residence on King Island, Territory of Alaska, in a popular referendum called and held under the Instructions of the Secretary of the Interior.
                                                                                            OSCAR L. CHAPMAN,
Assistant Secretary of the Interior.
                                                                                                          [SEAL]
WASHINGTON, D. C., September 17, 1938.

CERTIFICATION

    Pursuant to an order, approved September 17, 1938 by the Assistant Secretary of the Interior, the attached Charter was submitted for ratification to the group of Eskimos having a common bond of residence on King Island, Territory of Alaska, and was on January 31, 1939, duly ratified by a vote of 51 for and 3 against, in an election in which over 30 per cent of those entitled to vote cast their ballots, in accordance with the Alaska Act of May 1, 1936 (49 Stat. 1250), and section 17 of the Act of June 18, 1934 (48 Stat. 984), as amended by the Act of June 15, 1935 (49 Stat. 378).
The Election Board:
                                                                                            PETER MAYAC,
                                                                                            FRANK ILLANNA,
                                                                                            OALARANNA.

Purpose and Existence.	1. In order to further the economic development of the Eskimos residing on King Island, Alaska, by conferring upon the King Island, Native Community certain corporate rights and powers; and to enable this Community and its members to undertake enterprises designed to secure for the members of the corporation an assured economic independence, the aforesaid Community is hereby chartered as a body corporate of the United States of America, under the corporate name of King Island Native Community, hereinafter called the Community.
Perpetual Succession.	2. The Community shall, as a Federal Corporation, have perpetual succession.
Membership.	3. The Community shall be a membership corporation. Its members shall consist of all persons now or hereafter members of the Community as provided by its duly ratified and approved Constitution and By-laws.
Management.	4. The Council of the Community established in accordance with the said Constitution and By-laws of the Community, shall exercise all the corporate powers hereinafter enumerated.
Corporate Powers.	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 said 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. (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 nor mortgage may be made by the Community of any land, including water, fishing or mineral rights, held by the Community within any area which may be set aside by the Federal Government as a reserve for the use of the Community. 2. No leases, permits (which terms shall not include land assignments or fishing privileges granted to members of the Community) nor timber sale contracts covering any land or interests in land held by the Community within reserve set aside for the Community shall be made by the Community for a longer term than five years, and all such leases and permits, except to members of the Community, and all such contracts must be approved by the Secretary of the Interior or by his duly authorized representative: Provided, That leases requiring substantial improvements may be made for longer periods when authorized by law. (c) To issue interests in corporate property in exchange for transfers of property by individual members of the Community. (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 source, and to use such funds directly for productive enterprises, or to advance money thus borrowed to individual members or groups of members of the Community for enterprises related to those of the Community. (e) To engage in any business that will further the economic well-being of the members of the Community 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 with the United States or the Territory of Alaska, including agreements with the said Territory for the rendition of public services. (g) To pledge or assign chattels or future corporate income due, or to become due to the Community: Provided, That such assignments of corporate income, other than assignments to the United States, shall not extend for more than five years from the date of execution. (h) To deposit corporate funds, from whatever source derived, in any National or Territorial bank to the extent that such funds are insured by the Federal Deposit Insurance corporation, or secured by a surety bond, other security, or to deposit such funds in the Postal Savings Bank or with a bonded disbursing officer of the Interior Department to the credit of the Corporation. (i) To sue and be sued in courts of competent jurisdiction within the Territory of Alaska or the United States. To exercise such further incidental powers, not inconsistent with law, as may be necessary to the conduct of corporate business.
Corporate Property.	6. The individually-owned property of members of the corporation shall not be subject to any corporate debts or liabilities without such owners' consent.
Corporate Income.	7. The Community shall, at the end of its fiscal year, apply its income in excess of operating expenses during such fiscal year in the following order: First: To payment of any due indebtedness. Second: To creation of a fund for operation and for liquidation of indebtedness becoming due in the next operating period. Third: To creation of a reserve for depreciation of the physical property of the Community and the undertaking, construction, operation and improvement of corporate enterprises. Fourth: To utilization for such social, educational and relief purposes as the Community may determine. Fifth: To distribution as dividends to members of the Community.
Corporate Dividends.	8. Dividends shall be distributed to members of the Community on the basis of their patronage of the Communitv according to an equitable system set forth in the regulations of the Community. Patronage shall include the sale of goods to, and the purchase of goods from, the Community and work done for the Community, but shall not include the salary paid to a manager nor business done with nonmembers of the Community. No dividends may be declared or paid while ths corporation is indebted to the Indian Credit Fund unless the operation and reserve funds provided for in section 8 are in an amount satisfac- tory to the Secretary of the Interior or his authorized representative.
Regulation of Payments.	9. The Community may regulate the payment of dividends or other corporate property in order to safeguard the interests of any minor, incompetent or disabled member, the dependents of members who might become a public charge, and the heirs or devisees of deceased members.
Corporate Accounts.	10. The officers of the Community shall maintain accurate and complete public accounts of the financial affairs of the corporation, 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 corporation to the Principal Teacher in King Island for inspection and forwarding to the Juneau Office of the Office of Indian Affairs.
Amendments.	11. This Charter shall not be revoked or surrendered except by Act of Congress, but amendments may be proposed by resolutions of the Council or of the Community which amendments, if approved by the Secretary of the Interior, shall be effective when ratified by a majority vote of the adult members of the Community voting in a popular referendum called for the purpose by the Secretary of the Interior, provided that at least 30 per cent of the eligible voters vote in such an election.
Ratification.	12. This Charter shall be effective from and after the date of its ratification by a majority of those voting in an election called for the purpose by the Secretary of the Interior, provided that at least 30 per cent of the eligible voters shall vote and provided that the Community has ratified a Constitution and By-laws approved by the Secretary of the Interior. The ratification of the Charter shall be formally certified by the Election Board. The persons entitled to vote are those Eskimos entitled to vote on the Constitution and By-laws for this Community.