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    Title 25 USC 14 Subchapter LXXX Sec. 1300i-8. - Recognition and organization of the Yurok Tribe (a) Yurok Tribe (1) Those persons on the Settlement Roll who
    Message 1 of 1 , Mar 2, 2003
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      FW: sound familiar? Title 25 USC 14 Subchapter LXXX



      Sec. 1300i-8. - Recognition and organization of the Yurok Tribe (a) Yurok
      Tribe

      (1)

      Those persons on the Settlement Roll who made a valid election pursuant to
      subsection (c) of section 1300i-5
      <http://www4.law.cornell.edu/uscode/25/1300i-5.html>  of this title shall
      constitute the base membership roll for the Yurok Tribe whose status as an
      Indian tribe, subject to the adoption of the Interim Council resolution as
      required by subsection (d)(2) of this section, is hereby ratified and
      confirmed. (2)

      The Indian Reorganization Act of June 18, 1934 (48 Stat. 984; 25
      <http://www4.law.cornell.edu/uscode/25/index.html>  U.S.C. 461
      <http://www4.law.cornell.edu/uscode/25/461.html>  et seq.), as amended, is
      hereby made applicable to the Yurok Tribe and the tribe may organize under
      such Act as provided in this section. (3)

      Within thirty days (30)

      after October 31, 1988, the Secretary, after consultation with the
      appropriate committees of Congress, shall appoint five (5) individuals who
      shall comprise the Yurok Transition Team which, pursuant to a budget
      approved by the Secretary, shall provide counseling and assistance, shall
      promote communication with potential members of the Yurok Tribe concerning
      the provisions of this subchapter, and shall study and investigate programs,
      resources, and facilities for consideration by the Interim Council. The
      Yurok Transition Team may receive grants and enter into contracts for the
      purpose of carrying out this section and section 1300i-9
      <http://www4.law.cornell.edu/uscode/25/9.html> (a) of this title. Such
      grants and contracts shall be transferred to the Yurok Interim Council upon
      its organization. Any property acquired for or on behalf of the Yurok
      Transition Team shall be held in the name of the Yurok Tribe. (b) Interim
      Council; establishment

      There shall be established an Interim Council of the Yurok Tribe to be
      composed of five members. The Interim Council shall represent the Yurok
      Tribe in the implementation of provisions of this subchapter, including the
      organizational provisions of this section, and subject to subsection (d) of
      this section shall be the governing body of the tribe until such time as a
      tribal council is elected under a constitution adopted pursuant to
      subsection (e) of this section. (c) General council; election of Interim
      Council

      (1)

      Within 30 days after the date established pursuant to section 1300i-5
      <http://www4.law.cornell.edu/uscode/25/5.html> (a)(4) of this title, the
      Secretary shall prepare a list of all persons eighteen years of age or older
      who have elected the Yurok Tribal Membership Option pursuant to section
      1300i-5 <http://www4.law.cornell.edu/uscode/25/5.html> (c) of this title,
      which persons shall constitute the eligible voters of the Yurok Tribe for
      the purposes of this section, and shall provide written notice to such
      persons of the date, time, purpose, and order of procedure for the general
      council meeting to be scheduled pursuant to paragraph (2) for the
      consideration of the nomination of candidates for election to the Interim
      Council. (2)

      Not earlier than 30 days before, nor later than 45 days after, the notice
      provided pursuant to paragraph (1), the Secretary shall convene a general
      council meeting of the eligible voters of the Yurok Tribe on or near the
      Yurok Reservation, to be conducted under such order of procedures as the
      Secretary determines appropriate, for the nomination of candidates for
      election of members of the Interim Council. No person shall be eligible for
      nomination who is not on the list prepared pursuant to this section. (3)

      Within 45 days after the general council meeting held pursuant to paragraph
      (2), the Secretary shall hold an election by secret ballot, with absentee
      balloting and write-in voting to be permitted, to elect the five members of
      the Interim Council from among the nominations submitted to him from such
      general council meeting. The Secretary shall assure that notice of the time
      and place of such election shall be provided to eligible voters at least
      fifteen days before such election. (4)

      The Secretary shall certify the results of such election and, as soon as
      possible, convene an organizational meeting of the newly-elected members of
      the Interim Council and shall provide such advice and assistance as may be
      necessary for such organization. (5)

      Vacancies on the Interim Council shall be filled by a vote of the remaining
      members. (d) Interim Council; authorities and dissolution

      (1)

      The Interim Council shall have no powers other than those given to it by
      this subchapter. (2)

      The Interim Council shall have full authority to adopt a resolution - (i)

      waiving any claim the Yurok Tribe may have against the United States arising
      out of the provision of this subchapter, and (ii)

      affirming tribal consent to the contribution of Yurok Escrow monies to the
      Settlement Fund, and for their use as payments to the Hoopa Tribe, and to
      individual Hoopa members, as provided in this subchapter, and (iii)

      to receive grants from, and enter into contracts for, Federal programs,
      including those administered by the Secretary and the Secretary of Health
      and Human Services, with respect to Federal services and benefits for the
      tribe and its members. (3)

      The Interim Council shall have such other powers, authorities, functions,
      and responsibilities as the Secretary may recognize, except that any
      contract or legal obligation that would bind the Yurok Tribe for a period in
      excess of two years from the date of the certification of the election by
      the Secretary shall be subject to disapproval and cancellation by the
      Secretary if the Secretary determines that such a contract or legal
      obligation is unnecessary to improve housing conditions of members of the
      Yurok Tribe, or to obtain other rights, privileges or benefits that are in
      the long-term interest of the Yurok Tribe. (4)

      The Interim Council shall appoint, as soon as practical, a drafting
      committee which shall be responsible, in consultation with the Interim
      Council, the Secretary and members of the tribe, for the preparation of a
      draft constitution for submission to the Secretary pursuant to subsection
      (e) of this section. (5)

      The Interim Council shall be dissolved effective with the election and
      installation of the initial tribe [1]
      <http://www4.law.cornell.edu/uscode/25/1300i-8.html#FN1>  governing body
      elected pursuant to the constitution adopted under subsection (e) of this
      section or at the end of two years after such installation, whichever occurs
      first. (e) Organization of Yurok Tribe

      Upon written request of the Interim Council or the drafting committee and
      the submission of a draft constitution as provided in paragraph (4) of
      subsection (d) of this section, the Secretary shall conduct an election,
      pursuant to the provisions of the Indian Reorganization Act of June 18, 1934
      (25 <http://www4.law.cornell.edu/uscode/25/index.html>  U.S.C. 461
      <http://www4.law.cornell.edu/uscode/25/461.html>  et seq.) and rules and
      regulations promulgated thereunder, for the adoption of such constitution
      and, working with the Interim Council, the election of the initial tribal
      governing body upon the adoption of such constitution

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