Page:United States Statutes at Large Volume 110 Part 5.djvu/497

 PUBLIC LAW 104-297—OCT. 11, 1996 110 STAT. 3571 (1) by striking "subsection (b)(2)" in paragraphs (1)(C) and (3), and inserting in both places "paragraphs (2) and (5)"; (2) by striking the last sentence in paragraph (3) and inserting the following: "Any term in which an individual was appointed to replace a member who left office during the term shall not be counted in determining the number of consecutive terms served by that Council member."; and (3) by striking paragraph (5) and inserting after paragraph (4) the following: " (5)(A) The Secretary shall appoint to the Pacific Coiuicil one representative of an Indian tribe with Federally recognized fishing rights from California, Oregon, Washington, or Idaho from a list of not less than 3 individuals submitted by the tribal governments. The Secretary, in consultation with the Regulations. Secretary of the Interior and tribal governments, shall establish by regulation the procedure for submitting a list under this subparagraph. "(B) Representation shall be rotated among the tribes taking into consideration— "(i) the qualifications of the individuals on the list referred to in subparagraph (A), "(ii) the various rights of the Indian tribes involved and judicial cases that set forth how those rights are to be exercised, and "(iii) the geographic area in which the tribe of the representative is located. "(C) A vacancy occurring prior to the expiration of any term shall be filled in the same manner as set out in subparagraphs (A) and (B), except that the Secretary may use the list from which the vacating representative was chosen. "(6) The Secretary may remove for cause any member of a Council required to be appointed by the Secretary in accordance with paragraphs (2) or (5) if— "(A) the Council concerned first recommends removal by not less than two-thirds of the members who are voting members and submits such removal recommendation to the Secretary in writing together with a statement of the basis for the recommendation; or "(B) the member is found by the Secretary, after notice and an opportunity for a hearing in accordance with section 554 of title 5, United States Code, to have committed an act prohibited by section 307(l)(O).". (c) Section 302(d) (16 U.S.C. 1852(d)) is amended in the first sentence— (1) by striking "each Council," and inserting "each Council who are required to be appointed by the Secretary and"; and (2) by striking "shall, until January 1, 1992," and all that follows through "(JS-16" and inserting "shall receive compensation at the daily rate for GS-15, step 7". (d) Section 302(e) (16 U.S.C. 1852(e)) is amended by adding at the end the following: "(5) At the request of any voting member of a Council, the Council shall hold a roll call vote on any matter before the Council. The official minutes and other appropriate records of any Council meeting shall identify all roll call votes held, the name of each voting member present during each roll call vote, and how each member voted on each roll call vote.".

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