Page:United States Statutes at Large Volume 104 Part 2.djvu/189

 PUBLIC LAW 101-484—OCT. 31, 1990 104 STAT. 1169 Interim Council shall include on the membership roll any such individual that the Secretary determines in such an appeal to be eligible for membership in the Tribe. (c) After adoption of a tribal constitution in accordance with section 8, the constitution of the Tribe shall govern membership in the Tribe. TRIBAL CONSTITUTION SEC. 8. (a) Upon the completion of the tribal membership roll and 25 USC 983f. upon the written request of the Interim Council, the Secretary shall conduct, by secret ballot, an election to adopt a constitution for the Tribe. Such constitution shall be submitted by the Interim Council to the Secretary no later than 1 year following the date of enactment of this Act. Absentee balloting shall be permitted regardless of voter residence. In every other regard, the election shall be held according to section 16 of the Indian Reorganization Act of June 18, 1934 (48 Stat. 984), as amended. (b) Not later than 120 days after the Tribe adopts a tribal constitution, the Secretary shall conduct an election by secret ballot for the purpose of electing tribal officials as provided in the constitution. Said election shall be conducted according to the procedures stated in subsection (a) of this section except to the extent that said procedures conflict with the tribal constitution. (c) Notwithstanding any other provision of law, the governing body of the Tribe established under the constitution of the Tribe that is adopted under subsection (a) shall be treated as an Indian tribal government for purposes of the Internal Revenue Code of 1986. REGULATIONS SEC. 9. The Secretary shall prescribe such regulations as may be 25 USC 983g. necessary to carry out the provisions of this Act. ECONOMIC DEVEIX)PMENT PLAN SEC. 10. (a) The Secretary shall— 25 USC 983h. (1) enter into negotiations with the governing body of the Tribe to establish a plan for economic development for the Tribe; (2) in accordance with this section, establish such a plan; and (3) upon the approval of such plan by the governing body of the Tribe (and after consultation with the State and local officials pursuant to subsection (b)), shall submit such plan to the Congress by no later than the date that is 2 years after the date of enactment of this Act. (b)(1) To ensure that legitimate State and local interests are not prejudiced by the economic development plan established under subsection (a), the Secretary shall notify and consult with the appropriate officials of the State and all appropriate local governmental officials in the State with respect to the proposed economic development plan. The Secretary shall provide complete information on the proposed economic development plan to such officials, including the restrictions imposed on such plan by subsection (c). (2) During any consultation by the Secretary under this subsection, the Secretary shall provide such information as the Secretary

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