§ 941f TITLE 25—INDIANS Page 330

the Executive Committee under rules made by

the Executive Committee in consultation with

the Secretary. Such an appeal may be filed by a

Member with respect to the inclusion of any

name on the proposed final base membership

roll and by any person with respect to the exclusion of his or her name from the final base membership roll. The Executive Committee shall review such appeals and render a decision, subject

to the Secretary’s approval. If the Executive

Committee and the Secretary disagree, the Secretary’s decision will be final. All such appeals

shall be resolved within 90 days following publication of the proposed roll. The final base membership roll of the Tribe shall then be published

in the Federal Register, and in three newspapers

of general circulation in the Tribe’s service

area, and shall be final for purposes of the distribution of funds from the Per Capita Trust

Fund established under section 941i(h) of this

title.

(d) Future membership in Tribe

The Tribe shall have the right to determine

future membership in the Tribe; however, in no

event may an individual be enrolled as a tribal

member unless the individual is a lineal descendant of a person on the final base membership roll and has continued to maintain political

relations with the Tribe.

(Pub. L. 103–116, §7, Oct. 27, 1993, 107 Stat. 1124.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 941f, 941i of this

title.

§ 941f. Transitional and provisional government

(a) Future tribal government

The Tribe shall adopt a new constitution within 24 months after the effective date of this subchapter.

(b) Executive Committee as transitional body

(1) Until the Tribe has adopted a constitution,

the existing tribal constitution shall remain in

effect and the Executive Committee is recognized as the provisional and transitional governing body of the Tribe. Until an election of tribal

officers under the new constitution, the Executive Committee shall—

(A) represent the Tribe and its Members in

the implementation of this subchapter; and

(B) during such period—

(i) have full authority to enter into contracts, grant agreements and other arrangements with any Federal department or agency; and

(ii) have full authority to administer or

operate any program under such contracts

or agreements.

(2) Until the initial election of tribal officers

under a new constitution and bylaws, the Executive Committee shall—

(A) determine tribal membership in accordance with the provisions of section 941e of this

title; and

(B) oversee and implement the revision and

proposal to the Tribe of a new constitution

and conduct such tribal meetings and elections as are required by this subchapter.

(Pub. L. 103–116, §8, Oct. 27, 1993, 107 Stat. 1125.)

§ 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, §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,