§ 640d-1. — Negotiating teams.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC640d-1]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XXII--NAVAJO AND HOPI TRIBES: SETTLEMENT OF RIGHTS AND
INTERESTS
Sec. 640d-1. Negotiating teams
(a) Appointment; time; membership and certification; nature of authority
Within thirty days after December 22, 1974, the Secretary shall
communicate in writing with the tribal councils of the tribes directing
the appointment of a negotiating team representing each tribe. Each
negotiating team shall be composed of not more than five members to be
certified by appropriate resolution of the respective tribal council.
Each tribal council shall promptly fill any vacancies which may occur on
its negotiating team. Notwithstanding any other provision of law, each
negotiating team, when appointed and certified, shall have full
authority to bind its tribe with respect to any other matter concerning
the joint use area within the scope of this subchapter.
(b) Failure to select and certify
In the event either or both of the tribal councils fail to select
and certify a negotiating team within thirty days after the Secretary
communicates with the tribal council under subsection (a) of this
section or to select and certify a replacement member within thirty days
of the occurrence of a vacancy, the provisions of section 640d-3(a) \1\
of this title shall become effective.
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\1\ See References in Text note below.
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(c) First negotiating session; time and place; chairman; suggestions for
procedure, agenda, and resolution of issues in controversy
Within fifteen days after formal certification of both negotiating
teams to the Mediator, the Mediator shall schedule the first negotiating
session at such time and place as he deems appropriate. The negotiating
sessions, which shall be chaired by the Mediator, shall be held at such
times and places as the Mediator deems appropriate. At such sessions,
the Mediator may, if he deems it appropriate, put forward his own
suggestions for procedure, the agenda, and the resolution of the issues
in controversy.
(d) Failure to attend two consecutive sessions or bargain in good faith
In the event either negotiating team fails to attend two consecutive
sessions or, in the opinion of the Mediator, either negotiating team
fails to bargain in good faith or an impasse is reached, the provisions
of section 640d-3(a) \1\ of this title shall become effective.
(e) Disagreements within team
In the event of a disagreement within a negotiating team the
majority of the members of the team shall prevail and act on behalf of
the team unless the resolution of the tribal council certifying the team
specifically provides otherwise.
(Pub. L. 93-531, Sec. 2, Dec. 22, 1974, 88 Stat. 1712.)
References in Text
Section 640d-3 of this title, referred to in subsecs. (b) and (d),
was amended by Pub. L. 98-620, title IV, Sec. 402(27), Nov. 8, 1984, 98
Stat. 3359, by striking out subsec. (b) and redesignating subsec. (a) as
the entire section.
Section Referred to in Other Sections
This section is referred to in sections 640d-2, 640d-3 of this
title.
