Page:United States Statutes at Large Volume 91.djvu/1451

 PUBLIC LAW 95-195—NOV. 18, 1977

91 STAT. 1417

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. (h) The Interim Council shall represent the tribe and its members in the implementation of this Act and shall be the acting tribal governing body until tribal officials are elected pursuant to section 6(c) and shall have no powers other than those given to it in accordance with this Act. 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, Education, and Welfare 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 Act shall be effective except to such extent or in such amounts as are provided in advance in appropriation Acts. (c) 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 4(d) 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. SEC. 6. (a) Upon the written request of the Interim Council, the Secretary shall conduct an election by secret ballot, pursuant to the provisions of section 16 of the Act of June 18, 1934 (48 Stat. 987), for the purpose of adopting a constitution and bylaws for the tribes. The election shall be held within sixty days after the Secretary has— (1) reviewed and updated the final membership roll for accuracy, in accordance with sections 4(a), 4(b)(1),and4(c)(1), (2) made a final determination of all appeals filed under section 4(c)(2), and (3) published in the Federal Register a certification copy of the membership roll of the tribe. (b) The Interim Council shall draft and distribute to each member described in section 4(d), no later than thirty days before the election under subsection (a), a copy of the proposed constitution and bylaws of the tribe, as drafted by the Interim Council, along with a brief, impartial description of the proposed constitution and bylaws. The members of the Interim Council may freely consult with members of the tribe concerning the text and description of the constitution and bylaws, except that such consultation may not be carried on within fifty feet of the polling places on the date of the election, (c) In any election held pursuant to subsection (a), the vote of a majority of those actually voting shall be necessary and sufficient for the adoption of a tribal constitution and bylaws. (d) Not later than one hundred and twenty days after the tribe adopts a constitution and bylaws, the Interim Council shall conduct an election by secret ballot for the purpose of electing the individuals who will serve as tribal officials as provided in the tribal constitution and

Interim Council. Functions.

Services and benefits, grantii and contracts.

Council vacancies. Election, notice.

Constitution and bylaws, adoption. Secret ballot, request. 25 USC 71 Id. 25 USC 476. Roll, review.

Certified copy, publication in Federal Register. Copies and description, distribution. Consultation.

Tribal officials, election by secret ballot.

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