§ 712b. — Organization of 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: 25USC712b]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XXX-B--COW CREEK BAND OF UMPQUA TRIBE OF OREGON
Sec. 712b. Organization of tribe
(a) Organization and organic governing document
The tribe may organize for its common welfare and adopt an
appropriate instrument, in writing, to govern the affairs of the tribe
when acting in its governmental capacity. The tribe shall file with the
Secretary of the Interior a copy of its organic governing document and
any amendments thereto.
(b) New governing document or amendments or revisions of interim
governing document; tribal election
Not less than one year following October 26, 1987, the tribe's
governing body may propose a new governing document or amendments or
revisions to the interim governing document, and the Secretary shall
conduct a tribal election as to the adoption of that proposed document
within one hundred twenty days from the date it is submitted to the
Bureau of Indian Affairs.
(c) Approval of new governing document
The Secretary shall approve the new governing document if approved
by a majority of the tribal voters unless he or she determines that such
document is in violation of any laws of the United States.
(d) Interim governing document pending approval
Until the tribe adopts and the Secretary approves a new governing
document, its interim governing document shall be the tribal bylaws
entitled ``By-Laws of Cow Creek Band of Umpqua Tribe of Indians'' which
bear an ``approved'' date of ``9-10-78,''.
(e) Governing body pending adoption of final document
Until the tribe adopts a final governing document, the tribe's
governing body shall consist of its current board of directors elected
at the tribe's annual meeting of August 10, 1986, or such new board
members as are selected under election procedures of the interim
governing document identified at subsection (d) of this section.
(Pub. L. 97-391, Sec. 4, Dec. 29, 1982, 96 Stat. 1961; Pub. L. 100-139,
Sec. 7(a), Oct. 26, 1987, 101 Stat. 828.)
Amendments
1987--Pub. L. 100-139 amended section generally. Prior to amendment,
section read as follows: ``The tribe may organize for its common welfare
and adopt an appropriate instrument, in writing, to govern the affairs
of the tribe when acting in its governmental capacity. The tribe shall
file with the Secretary of the Interior a copy of its organic governing
document and any amendments thereto.''
Section Referred to in Other Sections
This section is referred to in section 712c of this title.
