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U.S. Code as of:
01/19/04
Section 941g. Tribal constitution and governance
(a) Indian Reorganization Act
If the Tribe so elects, it may organize under the Act of June 18,
1934 (25 U.S.C. 461 et seq.; commonly referred to as the "Indian
Reorganization Act"). The Tribe shall be subject to such Act except
to the extent such sections are inconsistent with this subchapter.
(b) Adoption of new tribal constitution
Within 180 days after the effective date of this subchapter, the
Executive Committee shall draft and distribute to each Member
eligible to vote under the tribal constitution in effect on the
effective date of this subchapter, a proposed constitution and
bylaws for the Tribe together with a brief, impartial description
of the proposed constitution and bylaws and a notice of the date,
time and location of the election under this subsection. Not sooner
than 30 days or later than 90 days after the distribution of the
proposed constitution, the Executive Committee shall conduct a
secret-ballot election to adopt a new constitution and bylaws.
(c) Majority vote for adoption; procedure in event of failure to
adopt proposed constitution
(1) The tribal constitution and bylaws shall be ratified and
adopted if -
(A) not less than 30 percent of those entitled to vote do vote;
and
(B) approved by a majority of those actually voting.
(2) If in any such election such majority does not approve the
adoption of the proposed constitution and bylaws, the Executive
Committee shall prepare another proposed constitution and bylaws
and present it to the Tribe in the same manner provided in this
section for the first constitution and bylaws. Such new proposed
constitution and bylaws shall be distributed to the eligible voters
of the Tribe no later than 180 days after the date of the election
in which the first proposed constitution and bylaws failed of
adoption. An election on the question of the adoption of the new
proposal of the Executive Committee shall be conducted in the same
manner provided in subsection (b) of this section for the election
on the first proposed constitution and bylaws.
(d) Election of tribal officers
Within 120 days after the Tribe ratifies and adopts a
constitution and bylaws, the Executive Committee shall conduct an
election by secret ballot for the purpose of electing tribal
officials as provided in the constitution and bylaws. Subsequent
elections shall be held in accordance with the Tribe's constitution
and bylaws.
(e) Extension of time
Any time periods prescribed in subsections (b) and (c) of this
section may be altered by written agreement between the Executive
Committee and the Secretary.
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