Sec. 5. Interim council
472 words·~2 min read·
/bill/113/hr/5215/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
There is established an Interim Council of the tribe which shall be composed of nine members. The Interim Council shall— represent the tribe and its members in the implementation of this Act; and be the governing body of the tribe until the tribal governing body convenes. Not later than 45 days after the date of the enactment of this Act, 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 not later than 15 days after such announcement. Not later than 45 days after the general council meeting held under paragraph (1), the Secretary shall hold an election by secret ballot to elect the members of the Interim Council from among the members nominated in the general council meeting. Absentee and write-in balloting shall be permitted. The Secretary shall approve the results of the Interim Council election conducted pursuant to this subsection if the Secretary is satisfied that the requirements of this section relating to the nomination and the election processes have been met.
If the Secretary is not so satisfied, the Secretary shall— call for another general council meeting to be held not later than 60 days after such election to nominate candidates for election to the Interim Council; and hold another election within 45 days of such meeting. The Secretary shall take any action necessary to ensure that each member described in section 7(d) is given notice of the time, place, and purpose of each meeting and election held pursuant to this subsection not less than 10 days before the general meeting or election.
The Interim Council shall— have no powers other than those given it under this Act; with respect to any Federal service or benefit for which the tribe or any member is eligible, have full authority and capacity to receive grants and to enter into contracts; except as provided in subsection (d), terminate on the date that the tribal governing body first convenes; and with respect to any contractual right established and any obligation entered into by the Interim Council, have the authority and capacity to bind the tribal governing body, as the successor in interest to the Interim Council, for a period of not more than 6 months beginning on the date such tribal governing body first convenes.
Not later than 30 days after a vacancy occurs on the Interim Council and subject to the approval of the Secretary, the Interim Council shall hold a general council meeting to nominate a candidate for election to fill such vacancy and hold such election. The Interim Council shall provide notice of the time, place, and purpose of such meeting and election to members described in section 7(d) not less than 10 days before each general meeting or election.