§ 1300i-8. — Recognition and organization of the Yurok Tribe.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1300i-8]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER LXXX--HOOPA-YUROK SETTLEMENT
Sec. 1300i-8. Recognition and organization of the Yurok Tribe
(a) Yurok Tribe
(1) Those persons on the Settlement Roll who made a valid election
pursuant to subsection (c) of section 1300i-5 of this title shall
constitute the base membership roll for the Yurok Tribe whose status as
an Indian tribe, subject to the adoption of the Interim Council
resolution as required by subsection (d)(2) of this section, is hereby
ratified and confirmed.
(2) The Indian Reorganization Act of June 18, 1934 (48 Stat. 984; 25
U.S.C. 461 et seq.), as amended, is hereby made applicable to the Yurok
Tribe and the tribe may organize under such Act as provided in this
section.
(3) Within thirty days (30) after October 31, 1988, the Secretary,
after consultation with the appropriate committees of Congress, shall
appoint five (5) individuals who shall comprise the Yurok Transition
Team which, pursuant to a budget approved by the Secretary, shall
provide counseling and assistance, shall promote communication with
potential members of the Yurok Tribe concerning the provisions of this
subchapter, and shall study and investigate programs, resources, and
facilities for consideration by the Interim Council. The Yurok
Transition Team may receive grants and enter into contracts for the
purpose of carrying out this section and section 1300i-9(a) of this
title. Such grants and contracts shall be transferred to the Yurok
Interim Council upon its organization. Any property acquired for or on
behalf of the Yurok Transition Team shall be held in the name of the
Yurok Tribe.
(b) Interim Council; establishment
There shall be established an Interim Council of the Yurok Tribe to
be composed of five members. The Interim Council shall represent the
Yurok Tribe in the implementation of provisions of this subchapter,
including the organizational provisions of this section, and subject to
subsection (d) of this section shall be the governing body of the tribe
until such time as a tribal council is elected under a constitution
adopted pursuant to subsection (e) of this section.
(c) General council; election of Interim Council
(1) Within 30 days after the date established pursuant to section
1300i-5(a)(4) of this title, the Secretary shall prepare a list of all
persons eighteen years of age or older who have elected the Yurok Tribal
Membership Option pursuant to section 1300i-5(c) of this title, which
persons shall constitute the eligible voters of the Yurok Tribe for the
purposes of this section, and shall provide written notice to such
persons of the date, time, purpose, and order of procedure for the
general council meeting to be scheduled pursuant to paragraph (2) for
the consideration of the nomination of candidates for election to the
Interim Council.
(2) Not earlier than 30 days before, nor later than 45 days after,
the notice provided pursuant to paragraph (1), the Secretary shall
convene a general council meeting of the eligible voters of the Yurok
Tribe on or near the Yurok Reservation, to be conducted under such order
of procedures as the Secretary determines appropriate, for the
nomination of candidates for election of members of the Interim Council.
No person shall be eligible for nomination who is not on the list
prepared pursuant to this section.
(3) Within 45 days after the general council meeting held pursuant
to paragraph (2), the Secretary shall hold an election by secret ballot,
with absentee balloting and write-in voting to be permitted, to elect
the five members of the Interim Council from among the nominations
submitted to him from such general council meeting. The Secretary shall
assure that notice of the time and place of such election shall be
provided to eligible voters at least fifteen days before such election.
(4) The Secretary shall certify the results of such election and, as
soon as possible, convene an organizational meeting of the newly-elected
members of the Interim Council and shall provide such advice and
assistance as may be necessary for such organization.
(5) Vacancies on the Interim Council shall be filled by a vote of
the remaining members.
(d) Interim Council; authorities and dissolution
(1) The Interim Council shall have no powers other than those given
to it by this subchapter.
(2) The Interim Council shall have full authority to adopt a
resolution--
(i) waiving any claim the Yurok Tribe may have against the
United States arising out of the provision of this subchapter, and
(ii) affirming tribal consent to the contribution of Yurok
Escrow monies to the Settlement Fund, and for their use as payments
to the Hoopa Tribe, and to individual Hoopa members, as provided in
this subchapter, and
(iii) to receive grants from, and enter into contracts for,
Federal programs, including those administered by the Secretary and
the Secretary of Health and Human Services, with respect to Federal
services and benefits for the tribe and its members.
(3) The Interim Council shall have such other powers, authorities,
functions, and responsibilities as the Secretary may recognize, except
that any contract or legal obligation that would bind the Yurok Tribe
for a period in excess of two years from the date of the certification
of the election by the Secretary shall be subject to disapproval and
cancellation by the Secretary if the Secretary determines that such a
contract or legal obligation is unnecessary to improve housing
conditions of members of the Yurok Tribe, or to obtain other rights,
privileges or benefits that are in the long-term interest of the Yurok
Tribe.
(4) The Interim Council shall appoint, as soon as practical, a
drafting committee which shall be responsible, in consultation with the
Interim Council, the Secretary and members of the tribe, for the
preparation of a draft constitution for submission to the Secretary
pursuant to subsection (e) of this section.
(5) The Interim Council shall be dissolved effective with the
election and installation of the initial tribe \1\ governing body
elected pursuant to the constitution adopted under subsection (e) of
this section or at the end of two years after such installation,
whichever occurs first.
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\1\ So in original. Probably should be ``tribal''.
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(e) Organization of Yurok Tribe
Upon written request of the Interim Council or the drafting
committee and the submission of a draft constitution as provided in
paragraph (4) of subsection (d) of this section, the Secretary shall
conduct an election, pursuant to the provisions of the Indian
Reorganization Act of June 18, 1934 (25 U.S.C. 461 et seq.) and rules
and regulations promulgated thereunder, for the adoption of such
constitution and, working with the Interim Council, the election of the
initial tribal governing body upon the adoption of such constitution.
(Pub. L. 100-580, Sec. 9, Oct. 31, 1988, 102 Stat. 2932; Pub. L. 101-
121, title III, Sec. 315, Oct. 23, 1989, 103 Stat. 744; Pub. L. 101-301,
Sec. 9(3), May 24, 1990, 104 Stat. 211.)
References in Text
The Indian Reorganization Act, referred to in subsecs. (a)(2) and
(e), is act June 18, 1934, ch. 576, 48 Stat. 984, as amended, which is
classified generally to subchapter V (Sec. 461 et seq.) of this chapter.
For complete classification of this Act to the Code, see Short Title
note set out under section 461 of this title and Tables.
Amendments
1990--Subsec. (a)(3). Pub. L. 101-301 substituted ``counseling and
assistance, shall'' for ``counseling,''.
1989--Subsec. (a)(3). Pub. L. 101-121 inserted provisions
authorizing the Yurok Transition Team to receive grants and enter into
contracts for the purpose of carrying out this section and section
1300i-9(a) of this title and directing that such grants and contracts be
transferred to the Yurok Interim Council upon its organization.
Section Referred to in Other Sections
This section is referred to in sections 1300i, 1300i-1, 1300i-5,
1300i-10, 1300i-11 of this title.
