Page:United States Statutes at Large Volume 102 Part 3.djvu/986

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 2938

PUBLIC LAW 100-581—NOV. 1, 1988

Public Law 100-581 100th Congress An Act Nov. 1, 1988 [H.R. 2677]

To establish procedures for review of tribal constitutions and bylaws or amendments thereto pursuant to the Act of June 18, 1934 (48 Stat. 987).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I—INDIAN REORGANIZATION ACT AMENDMENTS SEC. 101. Section 16 of the Act of June 18, 1934 (48 Stat. 984; 25 U.S.C. 476) is amended to read as follows: "SEC. 16. (a) Any Indian tribe shall have the right to organize for its common welfare, and may adopt an appropriate constitution and bylaws, and any amendments thereto, which shall become effective when— (1) ratified by a majority vote of the adult members of the tribe or tribes at a special election authorized and called by the Secretary under such rules and regulations as the Secretary may prescribe; and (2) approved by the Secretary pursuant to subsection (d) of this section. Ob) Any constitution or bylaws ratified and approved by the Secretary shall be revocable by an election open to the same voters and conducted in the same manner as provided in subsection (a) for the adoption of a constitution or bylaws. (c)(l) The Secretary shall call and hold an election as required by subsection (a)— (A) within one hundred and eighty days after the receipt of a tribal request for an election to ratify a proposed constitution and bylaws, or to revoke such constitution and bylaws; or (B) within ninety days after receipt of a tribal request for election to ratify an amendment to the constitution and bylaws. (2) During the time periods established by paragraph (1), the Secretary shall— (A) provide such technical advice and assistance as may be requested by the tribe or as the Secretary determines may be needed; and (B) review the final draft of the constitution and bylaws, or amendments thereto to determine if any provision therein is contrary to applicable laws. (3) After the review provided in paragraph (2) and at least thirty days prior to the calling of the election, the Secretary shall notify the tribe, in writing, whether and in what manner the Secretary has found the proposed constitution and bylaws or amendments thereto to be contrary to applicable laws. (d)(1) If an election called under subsection (a) results in the adoption by the tribe of the proposed constitution and bylaws or amendments thereto, the Secretary shall approve the constitution and bylaws or amendments thereto within forty-five days after the