Page:United States Statutes at Large Volume 98 Part 2.djvu/1092

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 2252

PUBLIC LAW 98-481—OCT. 17, 1984

(c) VERIFICATION OF ELIGIBILITY FOR ENROLLMENT; APPEAL; FINALITY OF DETERMINATION; POSSESSION OF ENROLLMENT RECORDS AND MATERIALS.—

(1) Prior to any election pursuant to section 6 of this Act, the Interim Council shall verify by tribal resolution the eligibility for enrollment and age of each member listed on the Tribe's membership roll, which resolution shall be forwarded to the Secretary. (2) With regard to the exclusion of any name from the tribal membership roll, any member may appeal to the Secretary, who shall make a final determination of each such appeal within ninety days after an appeal has been filed with him. The determination of the Secretary with respect to such an appeal shall be final. (d) FRANCHISEMENT.—A member who is eighteen years of age or older is entitled and eligible to be given notice of, attend, participate in, and vote at, general council meetings and to nominate candidates for, to run for any office in, and to vote in elections of members to the interim council and to other tribal councils. INTERIM COUNCIL

25 USC 714c.

SEC. 5. Until such time as a new tribal constitution and bylaws are adopted in accordance with section 6 of this Act, the Tribe shall be governed by an Interirri Council, the membership of which shall consist of the members of the current council of the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians, Incorporated or such new members as may be elected in accordance with election procedures followed by the tribal corporate body prior to the enactment of this Act. TRIBAL CONSTITUTION AND BYLAWS

25 USC 7i4d.

SEC. 6. (a) ELECTION; TIME AND PROCEDURE.—Upon the written request of the Interim Council, the Secretary shall conduct an election by secret ballot, pursuant to section 16 of the Act of June 18, 1934 (25 U.S.C. 476), for the purpose of adopting a constitution and bylaws for the Tribe. The election shall be held after such written request and within sixty days after the Secretary has published in appropriate local media a certification copy of the Tribe's membership roll. (b) PRELECTION 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 4(d) of this Act, 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 proposed by the Interim Council, along with a brief, impartial description of the constitution and bylaws. The members of the Interim Council may freely consult with members of the Tribe, outside legal counsel and other consultants 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