|
U.S. Code as of:
01/19/04
Section 764. Interim Council
(a) Nomination and election of members; notice; meetings; ballot
requirements; approval by Secretary
Within forty-five days after April 3, 1980, 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 April
3, 1980. 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 six 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 763(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 and authorities
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 765(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: Provided, That no authority
to enter into contracts or 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. The Interim Council
shall have the authority 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.
(c) 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 763(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.
|
|