Page 291 TITLE 25—INDIANS § 713e

(B) With respect to any contractual right established and any obligation entered into by the

Interim Council, such Council shall 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 six

months beginning on the date such tribal governing body first convenes.

(d) Vacancy on Interim Council

Within thirty 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 shall

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 713e(d) of this title at least ten days

before each such general meeting or election.

(Pub. L. 98–165, §5, Nov. 22, 1983, 97 Stat. 1065.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 713, 713a, 713e of

this title.

§ 713d. Tribal constitution and bylaws; tribal governing body

(a) Adoption of proposed constitution and bylaws; election: time and procedure

(1) The Interim Council shall be responsible

for preparing the tribal constitution and bylaws

which shall provide for, at a minimum, the establishment of a tribal governing body and tribal membership qualifications. Such proposed

constitution and bylaws shall be adopted by the

Interim Council no later than six months after

November 22, 1983.

(2) Upon the adoption of the proposed tribal

constitution and bylaws by the Interim Council,

the Council shall request the Secretary, in writing, to schedule an election to approve or disapprove the adoption of such constitution and

bylaws. The Secretary shall conduct an election

by secret ballot in accordance with section 476

of this title.

(b) Notice and consultation

Not less than thirty days before any election

scheduled pursuant to subsection (a) of this section, a copy of the proposed tribal constitution

and bylaws, as adopted by the Interim Council,

along with a brief and impartial description of

the proposed constitution and bylaws shall be

sent to each member eligible to participate in

such election under section 713e(d) of this title.

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 such election.

(c) Majority vote for adoption; procedure in

event of failure to adopt proposed constitution

(1) 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 approval of the adoption of the tribal

constitution and bylaws.

(2) If in any such election such majority does

not approve the adoption of the proposed tribal

constitution and bylaws, the Interim Council

shall be responsible for preparing another tribal

constitution and other bylaws in the same manner provided in this section for the first proposed constitution and bylaws. Such new proposed constitution and bylaws shall be adopted

by the Interim Council no later than six months

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 Interim Council shall

be conducted in the same manner provided in

subsection (a)(2) of this section for the election

on the first proposed constitution and bylaws.

(d) Election of tribal governing body

Not later than one hundred and twenty days

after the tribe approves the adoption of the tribal constitution and bylaws and subject to the

approval of the Secretary, the Interim Council

shall conduct an election, by secret ballot, to

elect the tribal governing body established

under such constitution and bylaws. Notwithstanding any provision of the tribal constitution

and bylaws, absentee and write-in balloting

shall be permitted in an election under this subsection.

(Pub. L. 98–165, §6, Nov. 22, 1983, 97 Stat. 1066.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 713, 713a, 713c,

713e of this title.

§ 713e. Membership rolls; voting rights of member

(a) Membership roll established and opened

The membership roll of the tribe is established

and open.

(b) Criteria governing eligibility

(1) Until the first election of the tribal governing body is held pursuant to section 713d(d) of

this title, any living individual may be enrolled

on the membership roll of the tribe if—

(A) that individual’s name was listed on the

final membership roll of the tribe published on

April 6, 1956, in volume 20, number 101, Federal

Register, pages 3636 through 3642;

(B) that individual was entitled to be on the

membership roll of the tribe on August 13,

1954, but was not listed; or

(C) that individual is a descendant of an individual, living or dead, described in subparagraph (A) or (B) and possesses at least onefourth degree of blood of members of the tribe,

living or dead, or individuals who are or would

have been eligible to be members under this

paragraph.

(2) After the first election of the tribal governing body is held pursuant to section 713d(d) of

this title, the provisions of the constitution and

bylaws adopted in accordance with section

713d(a) of this title shall govern membership in

the tribe.

(c) Procedures for verification of eligibility

(1) Before the election of the members of the

Interim Council is held pursuant to section

713c(b) of this title, verification of (A) descend-