DEPARTMENT OF THE INTERIOR
OFFICE OF INDIAN AFFAIRS
PONCA TRIBE OF NATIVE AMERICANS
RATIFIED AUGUST 15, 1936
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1936
CORPORATE CHARTER OF THE PONCA TRIBE OF
A FEDERAL CORPORATION CHARTERED UNDER THE ACT
OF JUNE 18, 1934
Whereas, the Ponca Tribe of Native Americans of the Ponca Reservation in Nebraska constitute a recognized Indian tribe organized under a constitution and by-laws ratified by the tribe on February 29, 1936, and approved by the Secretary of the Interior on April 3, 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 tribe have petitioned that a charter of incorporation be granted to such tribe, subject to ratification by a vote of the adult Indians living on the reservation;
Now, therefore, I, Harold L. Ickes, 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 Ponca Tribe of the Ponca Reservation to be effective
from and after such time as it may be ratified by a majority vote of the
adult Indians living on the reservation at an election in which at least
thirty percent of the eligible voters vote.
1. In order to further the economic development of the Ponca Tribe of the Ponca Reservation in Nebraska by conferring upon the said tribe certain corporate rights, powers, privileges and immunities; to secure for the members of the tribe an assured economic independence; and to provide for the proper exercise by the tribe of various functions heretofore performed by the Department of the Interior, the aforesaid tribe is hereby chartered as a body politic and corporate of the United States of America, under the corporate name "The Ponca Tribe of Native Americans."
2. The Ponca Tribe of Native Americans shall, as a Federal Corporation, have perpetual succession.
3. The Ponca Tribe of Native Americans shall be a membership corporation. Its members shall consist of all persons now or hereafter members of the Tribe, as provided by its duly ratified and approved Constitution and By-laws.
4. The Board of Governors of the Tribe established in accordance with the said Constitution and By-laws of the Tribe, shall exercise all the corporate powers hereinafter enumerated.
5. The Tribe, subject to any restrictions contained in the Constitution and laws of the United States, or in the Constitution and By-laws of the said Tribe, 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.
|Termination of Supervisory Powers.||
6. Upon the request of the Board of Governors 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 to the tribe for referendum. The termination shall be effective upon ratification by a majority vote at an election in which at least thirty per cent of the adult members of the Tribe residing on the reservation shall vote.
7. No property rights of the Ponca Tribe of Native Americans 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 such owners' consent. Any existing lawful debts of the tribe shall continue in force, except as such debts may be satisfied or canceled pursuant to law.
8. 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 distribute per capita, among the recognized members of the Tribe, 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 anyone year amounting to a distribution of 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 Tribe shall be made except as provided herein or as authorized by Congress.
9. The officers of the Tribe shall maintain accurate and complete public accounts of the financial affairs of the Tribe, 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 Tribe 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 Board of Governors 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 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 Ponca Tribe of Native Americans living on the Ponca Reservation, provided at least 30 per cent of the eligible voters shall vote, such ratification to be formally certified by the Superintendent of the Winnebago Agency and the President of the Board of Governors of the Tribe.
HAROLD L. ICKES,
WASHINGTON, D. C., July 18, 1936.
Pursuant to section 17 of the Act of June 18, 1934 (48 Stat. 984), this charter, issued on July 18, 1936, by the Secretary of the Interior to the Ponca Tribe of Native Americans of the Ponca Reservation, was duly submitted for ratification to the adult Indians living on the reservation and was on August 15, 1936, duly ratified by a vote of 47 for and 1 against, in an election in which over thirty per cent of those entitled to vote cast their ballots.
JOSEPH J. PENISKA,
GABE E. PARKER,
Superintendent, Winnebago Agency.