25-U.S.C.-640D-1
§640D-1 – §640D-1. Negotiating Teams
Pathway
Title 25 > Chapter 14 > Subchapter XXII > Section 640d-1
Details
- Reference: Section 640d-1
- Legend: §640D-1 – §640D-1. Negotiating Teams
- USCode Year: 2013
Provision Content
(a) Appointment; time; membership and certification; nature of authority
Within thirty days after December 22, 1974, the Secretary shall communicate in writing with the tribal councils of the tribes directing the appointment of a negotiating team representing each tribe. Each negotiating team shall be composed of not more than five members to be certified by appropriate resolution of the respective tribal council. Each tribal council shall promptly fill any vacancies which may occur on its negotiating team. Notwithstanding any other provision of law, each negotiating team, when appointed and certified, shall have full authority to bind its tribe with respect to any other matter concerning the joint use area within the scope of this subchapter.
(b) Failure to select and certify
In the event either or both of the tribal councils fail to select and certify a negotiating team within thirty days after the Secretary communicates with the tribal council under subsection (a) of this section or to select and certify a replacement member within thirty days of the occurrence of a vacancy, the provisions of section 640d–3(a) of this title shall become effective.
(c) First negotiating session; time and place; chairman; suggestions for procedure, agenda, and resolution of issues in controversy
Within fifteen days after formal certification of both negotiating teams to the Mediator, the Mediator shall schedule the first negotiating session at such time and place as he deems appropriate. The negotiating sessions, which shall be chaired by the Mediator, shall be held at such times and places as the Mediator deems appropriate. At such sessions, the Mediator may, if he deems it appropriate, put forward his own suggestions for procedure, the agenda, and the resolution of the issues in controversy.
(d) Failure to attend two consecutive sessions or bargain in good faith
In the event either negotiating team fails to attend two consecutive sessions or, in the opinion of the Mediator, either negotiating team fails to bargain in good faith or an impasse is reached, the provisions of section 640d–3(a) of this title shall become effective.
(e) Disagreements within team
In the event of a disagreement within a negotiating team the majority of the members of the team shall prevail and act on behalf of the team unless the resolution of the tribal council certifying the team specifically provides otherwise.
(Pub. L. 93–531, §2, Dec. 22, 1974, 88 Stat. 1712.)
References in Text
Section 640d–3 of this title, referred to in subsecs. (b) and (d), was amended by Pub. L. 98–620, title IV, §402(27), Nov. 8, 1984, 98 Stat. 3359, by striking out subsec. (b) and redesignating subsec. (a) as the entire section.
U.S. Encyclopedia of Law Coverage
25-U.S.C.-640D-1 in the Legal Encyclopedia: Indians
In this entry about 25-U.S.C.-640D-1, find legal reference material, bibliographies and premiere content related to indians in the American Encyclopedia of Law, presenting a comprehensive view of the United States indians-specific issues, written by authorities in the field.
25-U.S.C.-633 in the Legal Encyclopedia: Tribes
In this entry about 25-U.S.C.-633, find legal reference material, bibliographies and premiere content related to tribes in the American Encyclopedia of Law, presenting a comprehensive view of the United States tribes-specific issues, written by authorities in the field.
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