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U.S. Code as of:
01/19/04
Section 640d-1. Negotiating teams
(a) Appointment; time; membership and certification; nature of
authority
Within thirty days after December 22, 1974, the Secretary shall
communicate in writing with the tribal councils of the tribes
directing the appointment of a negotiating team representing each
tribe. Each negotiating team shall be composed of not more than
five members to be certified by appropriate resolution of the
respective tribal council. Each tribal council shall promptly fill
any vacancies which may occur on its negotiating team.
Notwithstanding any other provision of law, each negotiating team,
when appointed and certified, shall have full authority to bind its
tribe with respect to any other matter concerning the joint use
area within the scope of this subchapter.
(b) Failure to select and certify
In the event either or both of the tribal councils fail to select
and certify a negotiating team within thirty days after the
Secretary communicates with the tribal council under subsection (a)
of this section or to select and certify a replacement member
within thirty days of the occurrence of a vacancy, the provisions
of section 640d-3(a) (!1) of this title shall become effective.
(c) First negotiating session; time and place; chairman;
suggestions for procedure, agenda, and resolution of issues in
controversy
Within fifteen days after formal certification of both
negotiating teams to the Mediator, the Mediator shall schedule the
first negotiating session at such time and place as he deems
appropriate. The negotiating sessions, which shall be chaired by
the Mediator, shall be held at such times and places as the
Mediator deems appropriate. At such sessions, the Mediator may, if
he deems it appropriate, put forward his own suggestions for
procedure, the agenda, and the resolution of the issues in
controversy.
(d) Failure to attend two consecutive sessions or bargain in good
faith
In the event either negotiating team fails to attend two
consecutive sessions or, in the opinion of the Mediator, either
negotiating team fails to bargain in good faith or an impasse is
reached, the provisions of section 640d-3(a) (!1) of this title
shall become effective.
(e) Disagreements within team
In the event of a disagreement within a negotiating team the
majority of the members of the team shall prevail and act on behalf
of the team unless the resolution of the tribal council certifying
the team specifically provides otherwise.
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