Laws: Cases and Codes : U.S. Code : Title 25 : Section 713c


   
U.S. Code as of: 01/19/04
Section 713c. Interim Council

    (a) Establishment
      There is established an Interim Council of the tribe which shall
    be composed of nine members. The Interim Council shall represent
    the tribe and its members in the implementation of this subchapter
    and shall be the governing body of the tribe until the tribal
    governing body established in accordance with section 713d of this
    title first convenes.
    (b) Nomination and election of Interim Council members
      (1) Within forty-five days after November 22, 1983, 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 fifteen days of such
    announcement.
      (2) Within forty-five days after such general council meeting,
    the Secretary shall hold an election by secret ballot to elect the
    members of the Interim Council from among the members nominated in
    such general council meeting. Absentee and write-in balloting shall
    be permitted.
      (3) The Secretary shall approve the results of the Interim
    Council election conducted pursuant to this section if he is
    satisfied that the requirements of this section relating to the
    nomination and the election processes have been met. If he is not
    satisfied, he shall call for another general council meeting to be
    held within sixty days after such election to nominate candidates
    for election to the Interim Council and shall hold another election
    within forty-five days of such meeting.
      (4) The Secretary shall take any action necessary to ensure that
    each member described in section 713e(d) of this title is given
    notice of the time, place, and purpose of each meeting and election
    held pursuant to this subsection at least ten days before such
    general meeting or election.
    (c) Authority and capacity; termination
      (1) The Interim Council shall have no powers other than those
    given it under this subchapter.
      (2) With respect to any Federal service or benefit for which the
    tribe or any member is eligible, the Interim Council shall have
    full authority and capacity to receive grants and to enter into
    contracts.
      (3)(A) Except as provided in subparagraph (B), the Interim
    Council and such Council's authority and capacity under this
    section shall cease to exist on the date the tribal governing body
    first convenes.
      (B) With respect to any contractual right established and any
    obligation entered into by the Interim Council, such Council shall
    have the authority and capacity to bind the tribal governing body,
    as the successor in interest to the Interim Council, for a period
    of not more than six months beginning on the date such tribal
    governing body first convenes.
    (d) Vacancy on Interim Council
      Within thirty days after a vacancy occurs on the Interim Council
    and subject to the approval of the Secretary, the Interim Council
    shall hold a general council meeting to nominate a candidate for
    election to fill such vacancy and shall hold such election. The
    Interim Council shall provide notice of the time, place, and
    purpose of such meeting and election to members described in
    section 713e(d) of this title at least ten days before each such
    general meeting or election.



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