Laws: Cases and Codes : U.S. Code : Title 25 : Section 711c


   


U.S. Code as of: 01/19/04
Section 711c. Interim Council

    (a) Nomination and election of members; notice; meetings; ballot
      requirements; approval by Secretary
      Within forty-five days after November 18, 1977, the Secretary
    shall announce the date of a general council meeting of the tribe
    to nominate candidates for election to the Interim Council. Such
    general council meeting shall be held within sixty days after
    November 18, 1977. Within forty-five days after such general
    council meeting the Secretary shall hold an election by secret
    ballot, absentee balloting to be permitted, to elect nine members
    of the tribe to the Interim Council from among the nominees
    submitted to him from such general council meeting. The Secretary
    shall assure that notice of the time, place, and purpose of such
    meeting and election shall be provided to members described in
    section 711b(d) of this title at least fifteen days before such
    general meeting and election. The ballot shall provide for write-in
    votes. The Secretary shall approve the Interim Council elected
    pursuant to this section if he is satisfied that the requirements
    of this section relating to the nominating and election process
    have been met. If he is not so satisfied, he shall hold another
    election under this section, with the general council meeting to
    nominate candidates for election to the Interim Council to be held
    within sixty days after such election.
    (b) Powers of Council
      The Interim Council shall represent the tribe and its members in
    the implementation of this subchapter and shall be the acting
    tribal governing body until tribal officials are elected pursuant
    to section 711d(c) of this title and shall have no powers other
    than those given to it in accordance with this subchapter. The
    Interim Council shall have full authority and capacity to receive
    grants from and to make contracts with the Secretary and the
    Secretary of Health and Human Services with respect to Federal
    services and benefits for the tribe and its members and to bind the
    tribal governing body as the successor in interest to the Interim
    Council for a period extending not more than six months after the
    date on which the tribal governing body takes office. Except as
    provided in the preceding sentence, the Interim Council shall have
    no power or authority after the time when the duly-elected tribal
    governing body takes office: Provided, That no authority to make
    payments under this subchapter shall be effective except to such
    extent or in such amounts as are provided in advance in
    appropriation Acts.
    (c) Council vacancies; notice; meeting; election
      Within thirty days after receiving notice of a vacancy on the
    Interim Council, the Interim Council shall hold a general council
    meeting for the purpose of electing a person to fill such vacancy.
    The Interim Council shall provide notice of the time, place, and
    purpose of such meeting and election to members described in
    section 711b(d) of this title at least ten days before such general
    meeting and election. The person nominated to fill such vacancy at
    the general council meeting who received the highest number of
    votes in the election shall fill such vacancy.



Previous [Notes] Next

Related Resources

American Indian Law Guide

American Indian Lands Summary

American Indian Law Articles and Documents

American Indian Law Discussion


Ads by FindLaw