Title 42 Tribal Land, Buildings, Property, and Works
Chapter 1 The Sharon Indian School Foundation, Inc. Reorganization Act of 2024
100 Short Title
This enactment shall be known as, the "The Sharon Indian School Foundation, Inc. Reorganization Act of 2024" ("Act").
101 Purpose
The purpose of this Act is to authorize and direct the reorganization of the Sharon Indian School Foundation, Inc. ("SISF") including the selection of a Board of Directors, an update of the Articles of Incorporation, and the development of corporate Bylaws, in accordance with the corporate articles for the benefit of the citizens of the Tribe.
102 Findings
The Council hereby finds and declares that:
(A) On June 14, 1976, upon the approval of the Articles of Incorporation ("Articles"), the Upper Mattaponi Indian Tribal Association, Inc. was incorporated under Virginia state law as a non-stock (non-profit) corporation (the "Tribal Association") for the benefit of the Upper Mattaponi People.
(B) In April 2016, the People created the "Constitution and By-Laws of the Upper Mattaponi Indian Tribe", which acted as a corporation known as the Upper Mattaponi Indian Tribe, Inc., a non-profit corporation organized under the laws of the Commonwealth of Virginia, in conjunction with the Tribe.
(C) On January 9, 2018, the United States officially recognized the Upper Mattaponi Tribe when it enacted the Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2017.
(D) On October 8, 2020, the Upper Mattaponi Indian Tribe, Inc. was renamed as the "Sharon Indian School Foundation, Inc." ("SISF" or "Foundation"), which became the successor corporation.
(E) On July 22, 2023, the voters approved the new Constitution of the Upper Mattaponi Tribe ("New Constitution"). The New Constitution expressly replaced the 2016 Constitution and By-Laws.
(F) The Board of Directors of the Foundation consists of five Members, whose terms of office as Board Members coincided with the terms of office of officials of the Tribe, which were altered and reset as a result of the approval of the New Constitution.
(G) The Council has identified the need to clarify the qualifications, requirements, terms of office, and process to select and install Board Members of the Foundation, and to direct the development of a formal process to address Board Member vacancies in the future.
(H) The Articles are silent on the issue of the expiration of Board Members' terms of office or the process to fill any Board Member vacancies.
(I) The 2023 Annual Report of the Foundation ("Annual Report") filed with the State Corporation Commission listed five Directors and officers.
103 Board of Directors of the Foundation
(A) The Council hereby authorizes and directs the five Directors and officers listed in the 2023 Annual Report and who are still serving on the Board of Directors to officially modify the Articles of the Foundation to set new requirements for including: (1) at least three Board Members with all Members serving four-year, staggered terms of office; (2) Board Members selected upon appointment by the Chief and confirmation by the Council; and, (3) Board Member vacancies filled upon nomination by the Chief and confirmation by the Council.
(1) The initial terms of office for Board Members shall begin upon the approval of the modified Articles of the Foundation and the installation of a newly seated Board of Directors.
(2) The Articles of the Foundation shall include a requirement that a majority of the Members of the Board of Directors must be citizens of the Tribe.
(B) The Council hereby authorizes and directs the five Directors and officers listed in the 2023 Annual Report and who are still serving on the Board of Directors to officially adopt Bylaws for the Foundation.
Chapter 2 Land Financing Act of the Upper Mattaponi Tribe
200 Title
This chapter shall be known as the "Land Financing Act of the Upper Mattaponi Tribe."
201 Authority
This chapter is enacted pursuant to the inherent sovereign authority of the Upper Mattaponi Tribe (also referred to herein as "Tribe") and pursuant to the Constitution of the Upper Mattaponi Tribe, which confers all Legislative power of the Upper Mattaponi Tribe in the Council of the Upper Mattaponi Tribe.
202 Purpose
This chapter is enacted to authorize the Chief or his designee to obtain financing for the purchase of land.
203 Effective Date
The provisions of this chapter shall be effective upon the date signed by the Chief of the Upper Mattaponi Tribe, or upon the date of a veto override by the Council.
204 Interpretation
The provisions of this chapter shall be interpreted to be in accordance with tribal customary law. Whenever there is uncertainty or a question as to the interpretation of certain provisions of this chapter, tribal law and custom shall be controlling, and where appropriate, may be based on the written or oral testimony of a qualified tribal elder, tribal historian, or tribal representative. If the traditions and customs of the Tribe are inconclusive in any matter, the Court shall construe it consistently with applicable textual tribal law. In the absence of applicable tribal customary law or textual tribal law, the Court shall construe it consistently with applicable law of other jurisdictions.
205 Severability and non-liability
If any section, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
206 Authority
(A) Purchase of Land. Within budgetary constraints, the Chief is hereby authorized to purchase land within five miles of the current tribal headquarters in King William.
(B) Line of Credit. The Chief or his designee is authorized to obtain a line of credit which may be used to finance the acquisition of land.
(C) Waiver of Immunity. If necessary, the Chief is authorized to pledge as collateral for securing such line of credit, and the Chief is authorized to waive the sovereign immunity of the Tribe up to the amount of the line of credit and as it relates to the collateral specified above, for solely the purpose of ensuring the repayment of the line of credit.
207 Reporting
The Chief shall report each month to the Council on the amount drawn or repaid under the line of credit, and what land, if any has been purchased since the last report.
Chapter 3 Trust Land Acquisition Statute of 2024
300 Title
This Code shall be known as the "Trust Land Acquisition Statute of 2024"
301 Authority
This Code is enacted pursuant to the inherent sovereign authority of the Upper Mattaponi Tribe (also referred to herein as "Tribe") and pursuant to the Constitution of the Upper Mattaponi Tribe, which confers all Legislative power of the Upper Mattaponi Tribe in the Council of the Upper Mattaponi Tribe.
302 Purpose
The purpose of this chapter is to authorize and direct the Chief to acquire additional lands for housing and economic development purposes for the benefit of the Tribe and the People.
303 Effective Date
The provisions of this code shall be effective upon the date signed by the Chief of the Upper Mattaponi Tribe, or upon the date of a veto override by the Council.
304 Interpretation
The provisions of this Code shall be interpreted to be in accordance with tribal customary law. Whenever there is uncertainty or a question as to the interpretation of certain provisions of this Code, tribal law and custom shall be controlling, and where appropriate, may be based on the written or oral testimony of a qualified tribal elder, tribal historian, or tribal representative. If the traditions and customs of the Tribe are inconclusive in any matter, the Court shall construe it consistently with applicable textual tribal law. In the absence of applicable tribal customary law or textual tribal law, the Court shall construe it consistently with applicable federal or state law.
305 Severability and Non-Liability
If any section, provision, or portion of this Code is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Code shall not be affected thereby.
306 Authorization to Purchase
The Council hereby authorizes the Chief or his designee or a Tribally Owned Corporation to purchase or acquire land subject to appropriation for such purposes. In making such appropriations, the Council may make restrictions on the total amount expended for a particular tract of land, including price per acre limitations on the amount expended. In the process of purchasing such land, an attorney must be consulted, and before the land can be purchased the attorney shall state in writing to the Council and the Chairman that:
(A) Title to be conveyed to the Upper Mattaponi Tribe is sufficient to satisfy the United States in an action under 25 U.S.C. part 151;
(B) a phase 1 environmental review reveals no impairments to the land to be purchased; and
(C) the other requirements of 25 U.S.C. part 151 likely can be met when the Upper Mattaponi Tribe seeks to put the land into trust.
307 Duty to Apply for Trust Status
Within 180 days of acquiring title of property purchased under this chapter, the Chief or his designee shall take the necessary steps to take the land into trust.
