§ 941g. — Tribal constitution and governance.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 25USC941g]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XLIII-A--CATAWBA INDIAN TRIBE OF SOUTH CAROLINA; RESTORATION
OF FEDERAL TRUST RELATIONSHIP
Sec. 941g. Tribal constitution and governance
(a) Indian Reorganization Act
If the Tribe so elects, it may organize under the Act of June 18,
1934 (25 U.S.C. 461 et seq.; commonly referred to as the ``Indian
Reorganization Act''). The Tribe shall be subject to such Act except to
the extent such sections are inconsistent with this subchapter.
(b) Adoption of new tribal constitution
Within 180 days after the effective date of this subchapter, the
Executive Committee shall draft and distribute to each Member eligible
to vote under the tribal constitution in effect on the effective date of
this subchapter, a proposed constitution and bylaws for the Tribe
together with a brief, impartial description of the proposed
constitution and bylaws and a notice of the date, time and location of
the election under this subsection. Not sooner than 30 days or later
than 90 days after the distribution of the proposed constitution, the
Executive Committee shall conduct a secret-ballot election to adopt a
new constitution and bylaws.
(c) Majority vote for adoption; procedure in event of failure to adopt
proposed constitution
(1) The tribal constitution and bylaws shall be ratified and adopted
if--
(A) not less than 30 percent of those entitled to vote do vote;
and
(B) approved by a majority of those actually voting.
(2) If in any such election such majority does not approve the
adoption of the proposed constitution and bylaws, the Executive
Committee shall prepare another proposed constitution and bylaws and
present it to the Tribe in the same manner provided in this section for
the first constitution and bylaws. Such new proposed constitution and
bylaws shall be distributed to the eligible voters of the Tribe no later
than 180 days after the date of the election in which the first proposed
constitution and bylaws failed of adoption. An election on the question
of the adoption of the new proposal of the Executive Committee shall be
conducted in the same manner provided in subsection (b) of this section
for the election on the first proposed constitution and bylaws.
(d) Election of tribal officers
Within 120 days after the Tribe ratifies and adopts a constitution
and bylaws, the Executive Committee shall conduct an election by secret
ballot for the purpose of electing tribal officials as provided in the
constitution and bylaws. Subsequent elections shall be held in
accordance with the Tribe's constitution and bylaws.
(e) Extension of time
Any time periods prescribed in subsections (b) and (c) of this
section may be altered by written agreement between the Executive
Committee and the Secretary.
(Pub. L. 103-116, Sec. 9, Oct. 27, 1993, 107 Stat. 1125.)
References in Text
The Indian Reorganization Act, referred to in subsec. (a), 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.
For the effective date of this subchapter, referred to in subsec.
(b), see Effective Date note set out under section 941 of this title.
Section Referred to in Other Sections
This section is referred to in section 941h of this title.
