Page 309 TITLE 25—INDIANS § 766

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, §5, Apr. 3, 1980, 94 Stat. 319; Pub.

L. 96–88, title V, §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.

§ 765. Tribal constitution and bylaws

(a) Election; time and preconditions

Upon the written request of the Interim Council, the Secretary shall conduct an election by

secret ballot, pursuant to the provisions of section 476 of this title, for the purpose of adopting

a constitution and bylaws for the tribe. The

election shall be held within sixty days after the

Secretary has—

(1) reviewed and updated the final membership roll for accuracy, in accordance with sections 763(a), 763(b)(1), and 763(c)(1) of this title,

(2) made a final determination of all appeals

filed under section 763(c)(2) of this title, and

(3) published in the Federal Register a certified copy of the membership roll of the tribe.

(b) Pre-election duties and functions of Interim

Council

The Interim Council shall draft and distribute

to each member described in section 763(d) of

this title, no later than thirty days before the

election under subsection (a) of this section, a

copy of the proposed constitution and bylaws of

the tribe, as drafted by the Interim Council,

along with a brief and impartial description of

the proposed constitution and bylaws. The members of the Interim Council may freely consult

with members of the tribe concerning the text

and description of the constitution and bylaws,

except that such consultation may not be carried on within fifty feet of the polling places on

the date of the election.

(c) Majority vote for adoption

In any election held pursuant to subsection (a)

of this section, a vote of a majority of those actually voting shall be necessary and sufficient

for the adoption of a tribal constitution and bylaws.

(d) Election of tribal officials pursuant to constitution and bylaws; ballot requirements

Not later than one hundred and twenty days

after the tribe adopts a constitution and bylaws,

the Interim Council shall conduct an election by

secret ballot for the purpose of electing the individuals who will serve as tribal officials as provided in the tribal constitution and bylaws. For

the purpose of this election and notwithstanding

any provision in the tribal constitution and bylaws to the contrary, absentee balloting shall be

permitted.

(Pub. L. 96–227, §6, Apr. 3, 1980, 94 Stat. 319.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 763, 764, 766 of

this title.

§ 766. Tribal reservation

(a) Transfer of real property to Secretary; existing rights applicable and status of property

subsequent to transfer; taxation

The Secretary, within one year following April

3, 1980, shall accept the real property of members of the tribe or bands if conveyed or otherwise transferred to him, and real property held

for the benefit of members of the tribe or bands

if conveyed or otherwise transferred to him by

the owner or owners of such land held for the

benefit of the bands. Such property shall be subject to all valid existing rights including, but

not limited to, liens, outstanding taxes (local

and State), and mortgages. The land transferred

to the Secretary pursuant to this subsection

shall be subject to foreclosure or sale pursuant

to the terms of any valid existing obligation in

accordance with the laws of the State of Utah.

Subject to the conditions imposed by this subsection, the land transferred shall be taken in

the name of the United States in trust for the

tribe or bands to be held as Indian lands are

held, and shall be part of their reservation. The