DEPARTMENT OF THE INTERIOR
OFFICE OF INDIAN AFFAIRS
CONFEDERATED TRIBES OF THE
GRAND RONDE COMMUNITY
RATIFIED AUGUST 22, 1936
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1936
CORPORATE CHARTER OF THE CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY
A FEDERAL CORPORATION CHARTERED UNDER THE ACT OF JUNE 18, 1934
Whereas, the Confederated Tribes of the Grand Ronde Community in Oregon is a recognized Indian tribe organized under a constitution and by-laws ratified by the Community on April 4, 1936, and approved by the Secretary of the Interior on May 13, 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 Grand Ronde Pteservation;
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 Confederated Tribes of the Grand Ronde 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 thirty per cent of the adult Indians living on the Grand Ronde Reservation shall vote.
Corporate Existence and Purposes.
1. In order to further the economic development of the Confederated Tribes of the Grand Ronde Community in Oregon 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 Confederated Tribes of the Grand Ronde Community."
2. The Confederated Tribes of the Grand Ronde Community shall, as a Federal Corporation, have perpetual succession.
3. The Confederated Tribes of the Grand Ronde 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.
4. The Grand Ronde Business Committee of the Confederated Tribes of the Grand Ronde Community 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 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 Community of any land, or interests in land, including water power sites, water rights, oil, gas and other other mineral rights, now or hereafter held by the Community within the boundaries of the Grand Ronde Reservation.
(2) No mortgage may be made by the Community of any standing timber on any land now or hereafter held by the Community within the boundaries of the Grand Ronde Reservation.
(3) No leases, permits (which terms shall not include land assignments to members of the Community) or timber sale contracts covering any land or inteerests in land now or hereafter held by the Community within the boundaries of the Grand Ronde Reservation shall be made by the Community 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 representatitve; but oil and gas leases, water power leases, or any leases requiring substantial improvements of the land may be made for longer periods when authorized by law.
(4) No action shall be taken by or in behalf of the Community which in any way operates to destroy or injure the tribal grazing lands, timber, or other natural resources of the Grand Ronde Reservation. All leases, permits, and timber sale contracts relating to the use of tribal grazing or timber lands shall conform to regulations of the Secretary of the Interior authorizedby section 6 of the Act of June 18, 1934, with respect to range carrying capacity, sustained yield forestry management; and other matters therein specified. Conformity to such regulations shall be made a condition of an such lease, permit, or timber sale contract, 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.
(c) To issue interests in corporate property in exchange for restricted Indian lands, the forms for such interests to be approved by 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 Community, 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 Community: Provided, That the amount of indebtedness to which the Community may subject itself, other than indebtedness to the Indian Credit Fund, shall not exceed 3,500 dollars, 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 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 persons, association, or corporation with any municipality or any county, or with the United States or the State of Oregon, including agreements with the State of Oregon for the rendition of public services: 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 Community: Provided, That such agreements of pledge or assignment, other than an agreement with the United States, shall not extend more than five years from the date of execution and shall not cover more than one-half the net tribal income from any one source: 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 corporation.
(i) To sue and to be sued in courts of competent jurisdiction 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 said Community or by the United States to the levy of any judgment, lien or attachment upon the property of the Community other than income or chattels 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 the request of the Grand Ronde Business Committee 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 a referendum vote. 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 Community residing on the reservation shall vote. If at an time after five 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 ninety 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 Business Committee 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 Confederated Tribes of the Grand Ronde Community, 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 Community shall not be subject to any corporate debts or liabilities, without such owner's consent.
8. The Community 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 Community and may distribute per capita, among the recognized members of the Community, 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 the accrued surplus, shall be made without the approval of the Secretary of the Interior. No distribution of the financial assets of the Community shall be made except as provided herein or as authorized by Congress.
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 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 Confederated Tribes of the Grand Ronde Community living on the Grand Ronde Reservation, provided at least 30 per cent of the eligibile voters shall vote, such ratification to be formerly certified by the Superintendent of the Salem Indian School and the Chairman and Secretary of the Grand Ronde Business Committee.
Submitted by the Secretary of the Interior for ratification by the Confederated Tribes of the Grand Ronde Community of the Grand Ronde Reservation in a popular referendum to be held on August 22, 1936.
HAROLD L. ICKES,
Secretary of the Interior.
WASHINGTON, D. C., August 15, 1936.
Pursuant to section 17 of the Act of June 18, 1934 (48 Stat. 984), this charter, issued on August 15, 1936, by the Secretary of the Interior to the Confederated Tribes of the Grand Ronde Community, was duly submitted for ratification to the adult Indians living on the reservation and was on August 22nd, 1936, duly accepted by a vote of 52 for and 1 against, in an election in which over thirty per cent of those entitled to vote cast their ballots.
A. J. HUDSON,
Chairman of the Business Committee.
PAUL T. JACKSON,
Superintendent Indian School, Chemawa, Oregon.