§ 711d TITLE 25—INDIANS Page 286

ing body until tribal officials are elected pursuant to section 711d(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 and

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:

Provided, That no authority 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.

(c) Council 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

711b(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. 95–195, §5, Nov. 18, 1977, 91 Stat. 1416;

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 711, 711b of this

title.

§ 711d. Tribal constitution and bylaws

(a) Election; time and procedure

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 tribes. 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 section 711b(a), (b)(1), and (c)(1) of this title,

(2) made a final determination of all appeals

filed under section 711b(c)(2) of this title, and

(3) published in the Federal Register a certification copy of the membership roll of the

tribe.

(b) Pre-election distribution of proposed constitution and bylaws and brief impartial description; consultation by Interim Council

with members of tribe

The Interim Council shall draft and distribute

to each member described in section 711b(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, 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 necessary for adoption of constitution and bylaws

In any election held pursuant to subsection (a)

of this section, the 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 provided for in

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. 95–195, §6, Nov. 18, 1977, 91 Stat. 1417.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 711b, 711c, 711e

of this title.

§ 711e. Reservation

(a) Establishment

Any reservation for the tribe shall be established by an Act of Congress enacted after November 18, 1977.

(b) Plan; negotiation with tribe; approval by tribal officials; submittal to Congress

Inasmuch as the reservation of the tribe has

been terminated, the Secretary shall negotiate

with the tribe, or with representatives of the

tribe chosen by the tribe, concerning the establishment of a reservation for the tribe and shall,

in accordance with subsections (c) and (d) of this

section and within two years after November 18,

1977, develop a plan for the establishment of a

reservation for the tribe. Upon approval of such

plan by the tribal officials elected under the

tribal constitution and bylaws adopted pursuant

to section 711d of this title, the Secretary shall

submit such plan, in the form of proposed legislation, to the Congress.

(c) Notification and consultation

To assure that legitimate State and local interests are not prejudiced by the creation of a