DEPARTMENT OF THE INTERIOR
OFFICE OF INDIAN AFFAIRS
LOWER SIOUX INDIAN COMMUNITY
RATIFIED JULY 17, 1937
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1937
CORPORATE CHARTER OF THE LOWER SIOUX INDIAN
COMMUNITY IN THE STATE OF MINNESOTA
A FEDERAL CORPORATION CHARTERED UNDER THE ACT OF JUNE 18, 1934
Whereas, the Lower Sioux Indian Community of the Lower Sioux Reservation in Minnesota is a recognized Indian Tribe organized under a constitution and bylaws ratified by the Community on May 16, 1936, and approved by the Secretary of the Interior on June 11, 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, 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 on the Reservation;
Now, therefore, I, Charles West, Acting 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 Lower Sioux Indian Community of the Lower Sioux
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 30 per cent
of the adult Indians living on the Reservation shall vote.
|Corporate Existence and Purposes.||
1. In order to further the economic development of the Lower Sioux Indian Community of the Lower Sioux Reservation in Minnesota by conferring upon the said community certain corporate rights, powers, privileges and immunities; to secure for the members of the Community an assured economic independence; and to provide for the proper exercise by the Community of various functions heretofore performed by the Department of the Interior, the aforesaid community is hereby chartered as a body politic and corporate of the United States of America, under the corporate name "The Lower Sioux Indian Community."
2. The Lower Sioux Indian Community shall, as a Federal Corporation, have perpetual succession.
3. The Lower Sioux Indian 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.
The Community Council of the Lower Sioux Reservation established in accordance with the said constitution and by-laws of the Community, 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 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 at its pleasure a a corporate seal.
|Termination of Supervisory Powers.||
6. Upon the request of the Community Council of the Lower Sioux Indian Reservation for the termination of any supervisory power reserved to the Secretary of the Interior under sections 5 (b) (3), 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 to the Community for referendum. The termination shall be effective upon ratification by a majority vote at an election in which at least 30 per cent of the adult members of the Community residing on the Reservation shall vote. If at any time after fifteen years from the effective date of this Charter, such request shall be made and the Secretary shall disapprove it or fail to approve or disapprove it within 90 days after its receipt, the question of the termination of any such power may then be submitted by the Secretary of the Interior or by the Community Council to popular referendum of the adult members of the Community actually living within the Reservation and if the termination is approved by two-thirds of the eligible voters, shall be effective.
7. No property rights of the Lower Sioux Indian Community, as heretofore constituted, shall be in any way impaired by anything contained in this Charter. The individually owned property of members of the Community shall not be subject to any corporate debts or liabilities, without such owners' consent. Any existing lawful debts of the Community shall continue in force, except as such debts may be satisfied or canceled pursuant to law.
8. The Community may distribute per capita, among its recognized members, all profits of corporate enterprises or income over and above sums necessary to meet corporate obligations 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 community government, the needs of charity, or other corporate purpose. No such distribution of profits or income in any one year amounting to more than one-half the accrued surplus, shall be made without the approval of the Secretary of the Interior.
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 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 on the reservation at a popular referendum in which at least 30 per cent 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 Lower Sioux Indian Community living on the Lower Sioux Reservation, provided at least 30 per cent of the eligible voters shall vote, such ratification to be formally certified by the Superintendent of the Pipestone Agency and the President of the Community Council of the Lower Sioux Indian Reservation.
WASHINGTON, D. C., June 19, 1937.
Pursuant to section 17 of the Act of June 18, 1934 (48 Stat. 984), this Charter, issued on June 19, 1937, by the Secretary of the Interior to the Lower Sioux Indian Community of the Lower Sioux Reservation, Minnesota, was duly submitted for ratification to the adult Indians living on the Reservation and was on July 17, 1937, duly adopted by a vote of 42 for, and 1 against, in an election in which over 30 per cent of those entitled to vote cast their ballots.