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Jacobson, Buffalo, Schoessler & Mi‘ _auson, Ltd.
Attorneys at Law
810 Lumber Exchange Building
Ten South Fifth Street
Minneapolis, Minnesota 55402
John E. Jacobson
Henry M. Buffalo, Jr.*
James M. Schoessler
Tel: (612) 339-2071
Mary B. Magnuson
Fax: (612) 349-6254
;
Mark A. Anderson
*Also admitted in Wisconsin
Steven G. Thorne
March 22, 1996
Joseph F. Halloran
Norman
Deschampe
President
The
Minnesota Chippewa Tribe
P.O. Box 217
Minnesota 56633-0217
Cass Lake,
Re:
Minnesota Chippewa Tribe Corporate Charter
Dear
President Deschampe:
As you recall,
we have been trying to revoke the "Corporate Charter" of the Minnesota Chippewa
Tribe, issued
originally in 1937 pursuant to section 17 of the Indian Reorganization Act. The
TEC passed a
resolution asking Congress to accept its "surrender" of the Charter. Our goal was
to include a
congressional acceptance of the surrender in the Indian "Technical Corrections" bill
moving
slowly through Congress this session.
The
Technical Corrections bill (HR 2726; PL 104-109) was passed by Congress in February.
Included as
section 13 of the bill is the following language:
The request of the Minnesota Chippewa Tribe to surrender the
charter of incorporation issued to that tribe on September 17, 1937,
pursuant to section 17 of the Act of June 18, 1934, commonly
known as the "Indian Reorganization Act" (48 Stat. 988, chapter
576; 25 U.S.C. 477) is hereby accepted and that charter of
incorporation is hereby revoked.
You may now
put a large "REVOKED" sign across your copy of the MCT Corporate Charter.
Very truly yours,
Wm
es M. Schoessler
cc: TEC
Members
Frazer
Gary


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THE CORPORATE CHARTER
OF THE
MINNESOTA CHIPPEWA TRIBE
WAS RECINDED BY THE
TRIBAL EXECUTIVE COMMITTEE
ON MAY 19, 1995
THE MINNESOTA CHIPPEWA TRIBE
PART VII: CORPORATE CHARTER OF THE MINNESOTA CHIPPEWA TRIBE
OF THE
CONSOLIDATED CHIPPEWA AGENCY


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UNITED STATES
DEPARTMENT OF THE INTERIOR
OFFICE OF INDIAN AFFAIRS
CORPORATE CHARTER
OF THE
MINNESOTA CHIPPEWA TRIBE OF THE
CONSOLIDATED CHIPPEWA AGENCY
RATIFIED NOVEMBER 13, 1937


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CORPORATE CHARTER OF THE MINNESOTA CHIPPEWA
TRIBE OF THE CONSOLIDATED CHIPPEWA AGENCY
A FEDERAL CORPORATION CHARTERED UNDER THE ACT OF
JUNE 18, 1934
Whereas, the Minnesota Chippewa Tribe is a recognized Indian tribe organized under a constitution
and by-laws ratified by the Tribe on June 20, 1936, and approved by the Secretary of the Interior on July
24, 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
reservations of the Minnesota Chippewa Tribe, namely: the White Earth, Leech Lake, Fond du Lac, Bois
Forte, Grand Portage and Mille Lac Reservations.
Now, therefore, 1, 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 Minnesota Chippewa Tribe to be effective from and after such time as it may be
ratified by a majority vote at an election in which at least thirty per cent of the adult Indians living on the
,
above-named reservations shall vote.
Corporate 1, In order to further the economic development of the Minnesota
Existence Chippewa Tribe by conferring upon the said tribe certain corporate
and rights, powers, privileges and immunities; to secure for the members
Purposes. 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 Minnesota Chippewa
Tribe.”
Perpetual 2. The Minnesota Chippewa Tribe shall, as a Federal Corporation,
Succession. have perpetual succession.
Membership 3. The Minnesota Chippewa Tribe shall be a membership
corporation. Its members shall consist of all persons now or
hereafter enrolled as members of the Tribe, as provided by its duly
ratified and approved Constitution and By-laws.
Management 4. The Tribal Executive Committee of the Minnesota Chippewa
Tribe established in accordance with the said constitution and by-
laws of the Tribe, shall exercise all the corporate powers hereinafter
enumerated.
Corporate 5. The Tribe, subject to any restrictions contained in the
Powers 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.


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(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 Tribe of any land,
or interests in land, including water power sites, water rights,
oil, gas, and other mineral rights, now or hereafter held by the
Tribe within the boundaries of any reservation of the Minnesota
Chippewa Tribe.
(2) No mortgage may be made by the Tribe of any standing
timber on any land now or hereafter held by the Tribe within the
boundaries of any reservation of the Minnesota Chippewa
Tribe.
(3) No leases, permits (which terms shall not include land
assignments to members of the Tribe) or timber sale contracts
covering any land or interests in land now or hereafter held by
the Tribe within the boundaries of any reservation of the
Minnesota Chippewa Tribe shall be made by the Tribe for a
longer term than ten years, and all such leases and permits,
except to members of the Tribe, and all such contracts must be
approved by the Secretary of the Interior or by his duly
authorized representative; 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 Tribe which
in any way operates to destroy or injure tribal grazing lands,
timber, or other natural resources of any reservation of the
Minnesota Chippewa Tribe.
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 authorized by 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 any 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.
To borrow money from the Indian Credit Fund in accordance
(4)
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 Tribe, or from any
other source, 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 Tribe: Provided,
that the amount of indebtedness to which the Tribe may subject
itself, other than indebtedness to the Indian Credit Fund, shall


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not exceed $150,000, 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 Tribe 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 any county, or with the United States or the
State of Minnesota including agreements with the State of
Minnesota for the rendition of public services: Provided, that
any contract involving payment of money by the corporation in
excess of $5,000 in any one fiscal year 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 tribe or
by the United States to the levy of any judgement, lien or
attachment upon the property of the Tribe 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 or corporate business.
Termination 6. Upon the request of the Tribal Executive Committee for the
of Supervisory termination of any supervisory power reserved to the Secretary of
Powers. 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 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 reservations of the Minnesota Chippewa Tribe 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 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 Tribal Executive
Committee to popular referendum of the adult members of the Tribe
actually living within the reservations of the Minnesota Chippewa
Tribe and if the termination is approved by two-thirds of the eligible
voters, shall be effective.


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7. No property rights of the Minnesota Chippewa Tribe, as
Corporate
heretofore constituted, shall be in any way impaired by anything
Property.
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 cancelled pursuant to law.
8. The Tribal Executive Committee shall set aside annually twenty-
Corporate
five per cent of the profits of corporate enterprises for the
Profits.
establishment and building up of a reserve fund which shall be used
for the undertaking, construction, operation and improvement of
corporate enterprises. The Tribal Executive Committee may devote
the remainder of such profits, and any other tribal income remaining
after the payment of indebtedness and expenses, to such purposes
for the benefit of the Tribe as it may think best not inconsistent with
this Charter and the tribal constitution and by-laws.
9. The officers of the Tribe shall maintain accurate and complete
public accounts of the financial affairs of the Tribe which shall
Corporate
Accounts.
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. The Treasurer of
the Tribe shall be the custodian of all moneys which come under the
jurisdiction or control of the Tribal Executive Committee. He shall
keep accounts of all receipts and disbursements and shall make
written reports of same to the Tribal Executive Committee at each
regular and special meeting. The books of the Treasurer shall be
audited at the direction of the Committee or of the Commissioner of
Indian Affairs, and shall be open to inspection by members of the
Tribe or duly authorized representatives of the Government at all
reasonable times.
10. This Charter shall not be revoked or surrendered except by Act
Amendments.
of Congress, but amendments may be proposed by resolutions of the
Tribal Executive Committee which, when approved by the Secretary
of the Interior, to be effective shall be ratified by a majority vote of
the adult members living on the reservations of the Minnesota
Chippewa Tribe 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.
ratification by a majority vote of the adult members of the
Minnesota Chippewa Tribe living on the following reservations:
White Earth, Leech Lake, Fond du Lac, Bois Forte, Grand Portage
and Mille Lac, provided at least 30 per cent of the eligible voters
shall vote, such ratification to be formally certified by the
Superintendent of the Consolidated Chippewa Agency and the
Tribal President and Tribal Secretary of the Tribal Executive
Committee of the Tribe.


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Submitted by the Assistant Secretary of the Interior for ratification by the Minnesota Chippewa Tribe of
the above-named reservations in a popular referendum to be held on November 13, 1937.
Oscar L. Chapman
Assistant Secretary of the Interior
(Seal)
Washington, D.C., September 17, 1937
CERTIFICATION
Pursuant to section 17 of the Act of June 18, 1934 (48 Stat. 984), this Charter, issued on September 17,
1937 by the Assistant Secretary of the Interior to the Minnesota Chippewa Tribe of the Consolidated
Chippewa Agency in Minnesota, was duly submitted for ratification to the adult members of the Tribe
living on the reservations of the Tribe and was on November 13, 1937 duly adopted by a vote of 1,480 for,
and 610 against, in an election in which over 30 per cent of those entitled to vote cast their ballots.
John L. Pemberton, President
The Minnesota Chippewa Tribe