Laws: Cases and Codes : U.S. Code : Title 25 : Section 642


   
U.S. Code as of: 01/19/04
Section 642. Powers of Tribal Council

      The Hopi Tribal Council shall have the following powers:
    (a) Sale of lands
      To sell any part of the lands within the Hopi Industrial Park.
    (b) Mortgages or deeds of trust; law governing mortgage foreclosure
      or sale; United States as party; removal of cases; appeals
      To execute mortgages upon, or deeds of trust to, the lands within
    said Hopi Industrial Park. Such lands shall be subject to
    foreclosure or sale pursuant to the terms of such mortgage or deed
    to trust in accordance with the laws of the State of Arizona. The
    United States shall be an indispensable party to, and may be joined
    in, any such proceeding involving said lands with the right to
    remove the action to the United States district court for the
    district in which the land is situated, according to the procedure
    in section 1446 of title 28, and the United States shall have the
    right to appeal from any order of remand entered in such action.
    (c) Pledge of revenue or other income to secure indebtedness for
      development of park; law governing action to enforce pledge;
      United States as party
      To pledge any revenue or other income from lands within said Hopi
    Industrial Park, and the improvements situated thereon, and any
    other revenue or income that may be available to the Hopi Tribe
    without regard to source, to secure any indebtedness of the Hopi
    Tribe incurred in the development of said Hopi Industrial Park, and
    any action to enforce said pledge shall be in accordance with the
    laws of the State of Arizona, and the United States shall be an
    indispensable party thereto to the same extent and under the same
    conditions as hereinbefore provided in the case of mortgage
    foreclosures.
    (d) Issuance of bonds and payment of costs thereof; sale of bonds
      at public or private sale
      To issue bonds for and on behalf of the Hopi Tribe, and pay the
    costs thereof, to accomplish the purposes of this subchapter, in
    one or more series, in such denomination or denominations, maturing
    at such time or times, and in such amount or amounts, bearing
    interest at such rate or rates, in such form either coupon or
    registered, to be executed in such manner, payable in such medium
    of payment, at such place or places, subject to such terms of
    redemption, with or without premium, and containing such other
    restrictive terms as may be provided by tribal ordinance. Such
    bonds may be sold at not less than par at either public or private
    sale and shall be fully negotiable.
    (e) Appointment of bank or trust company as trustee for purposes of
      authorization and creation of issue of bonds; authority to
      commence action to enforce obligations to tribe without joining
      United States as party
      To appoint a bank or trust company with its home office in the
    State of Arizona having an officially reported combined capital,
    surplus, undivided profits and reserves aggregating not less than
    $10,000,000 as trustee for all of the purposes provided in the
    ordinance authorizing and creating any issue of bonds. Any trustee
    so appointed may be authorized to commence an action for and on
    behalf of, or on relation of, the Hopi Tribe to enforce any
    obligation to the tribe pledged to secure payment of the bonds
    without joining the United States as a party thereto.
    (f) Entering business ventures as shareholder, or as limited
      partner with corporation, firm or person operating within park
      To enter into any business venture as a shareholder of a
    corporation issuing nonassessable stock, or as a limited partner
    with any corporation, firm or person operating within said Hopi
    Industrial Park.
    (g) Lease of lands and improvements thereon
      To lease lands within the Hopi Industrial Park, any other tribal
    lands, and the improvements thereon, in accordance with the
    provisions of Federal laws.



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