§ 764. — Interim Council.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC764]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XXXII-A--PAIUTE INDIANS OF UTAH: RESTORATION OF FEDERAL
SUPERVISION
Sec. 764. Interim Council
(a) Nomination and election of members; notice; meetings; ballot
requirements; approval by Secretary
Within forty-five days after April 3, 1980, the Secretary shall
announce the date of a general council meeting of the tribe to nominate
candidates for election to the Interim Council. Such general council
meeting shall be held within sixty days after April 3, 1980. Within
forty-five days after such general council meeting the Secretary shall
hold an election by secret ballot, absentee balloting to be permitted,
to elect six members of the tribe to the Interim Council from among the
nominees submitted to him from such general council meeting. The
Secretary shall assure that notice of the time, place, and purpose of
such meeting and election shall be provided to members described in
section 763(d) of this title at least fifteen days before such general
meeting and election. The ballot shall provide for write-in votes. The
Secretary shall approve the Interim Council elected pursuant to this
section if he is satisfied that the requirements of this section
relating to the nominating and election process have been met. If he is
not so satisfied, he shall hold 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.
(b) Powers and authorities
The Interim Council shall represent the tribe and its members in the
implementation of this subchapter and shall be the acting tribal
governing body until tribal officials are elected pursuant to section
765(c) of this title and shall have no powers other than those given to
it in accordance with this subchapter. 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 and Human Services with
respect to Federal services and benefits for the tribe and its members:
Provided, That no authority to enter into contracts or to make payments
under this subchapter shall be effective except to such extent or in
such amounts as are provided in advance in appropriation Acts. The
Interim Council shall have the authority 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.
(c) Vacancies; notice; meeting; election
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 763(d) of this
title 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.
(Pub. L. 96-227, Sec. 5, Apr. 3, 1980, 94 Stat. 319; Pub. L. 96-88,
title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)
Change of Name
``Secretary of Health and Human Services'' substituted for
``Secretary of Health, Education, and Welfare'' in subsec. (b), pursuant
to section 509(b) of Pub. L. 96-88 which is classified to section
3508(b) of Title 20, Education.
Section Referred to in Other Sections
This section is referred to in sections 761, 763 of this title.
