DEPARTMENT OF THE INTERIOR
OFFICE OF INDIAN AFFAIRS
PORT GAMBLE BAND OF CLALLAM
PORT GAMBLE INDIAN COMMUNITY
RATIFIED APRIL 5, 1941
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1941
CORPORATE CHARTER OF THE PORT GAMBLE BAND OF
CLALLAM INDIANS OF THE PORT GAMBLE INDIAN
A FEDERAL CORPORATION CHARTERED UNDER THE ACT OF
JUNE 18, 1934
Whereas, the Port Gamble Band of Clallam Indians of the Port Gamble Indian Community in Washington is a recognized Indian Tribe organized under a Constitution and Bylaws ratified by the Band on August 5, 1939, and approved by the Secretary of the Interior on September 7, 1939, 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 Port Gamble Band of Clallam Indians of the Port
Gamble Indian Community 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
percent of the adult Indians living on the reservation shall vote.
1. In order to further the economic development of the Port Gamble Band of Clallam Indians of the Port Gamble Indian Community in Washington 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 Port Gamble Band of Clallam Indians".
2. The Port Gamble Band of Clallam Indians shall, as a Federal Corporation, have perpetual succession.
3. The Port Gamble Band of Clallam 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 Bylaws.
4. The Community Council of the Port Gamble Band of Clallam Indians established in accordance with the said Constitution and Bylaws 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 Bylaws of the said Band, shall have the following corporate powers, in addition to all powers already conferred or guaranteed by the tribal Constitution and Bylaws:(a) To adopt, use, and alter at its pleasure a corporate seal.
|Termination of Supervisory Powers
6. Upon the request of the Port Gamble Community Council 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 Band for referendum. The termination shall be effective upon ratification by a majority vote at an election in which at least 30 percent of the adult members of the Band residing on the reservation shall vote. If at any time after ten years from the effective date of this Charter, such request shall be made and the Secretary shall disapprove or fail to approve or disapprove it within ninety days after its receipt, it may then be submitted by the Secretary of the Interior or by the Community Council to popular referendum of the adult members of the Band actually living within the reservation, and if approved by two-thirds of the eligible voters shall be effective.
7. No property rights of the Port Gamble Band of Clallam Indians, 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 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 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, the construction of public works, the costs of public enterprises, the expenses of tribal 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 of the accrued surplus, shall be made without the approval of the Secretary of the Interior. No distribution of the financial assets of the Band shall be made except as provided herein or as authorized by Congress.
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 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 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 Port Gamble Band of Clallam Indians living in the Port Gamble Indian Community, provided at least 30 percent of the eligible voters shall vote, such ratification to be formally certified by the Superintendent of the Tulalip Agency and the Chairman and Secretary of the Community Council of the Port Gamble Band of Clallam Indians.
OSCAR L. CHAPMAN,
WASHINGTON, D. C., March 4, 1941.
Pursuant to section 17 of the Act of June 18, 1934 (48 Stat. 984), this Charter, issued on March 4, 1941, by the Assistant Secretary of the Interior to the Port Gamble Band of Clallam Indians of the Port Gamble Indian Community in Washington, was duly submitted for ratification to the adult members of the Community living on the reservation and was on April 5, 1941, duly ratified by a vote of 36 for, and 0 against, in an election in which over 30 percent of those entitled to vote cast their ballots.
MRS. CARL SPARKS,
O. C. UPCHURCH,
Superintendent, Tulalip Agency.