§ 642. — Powers of Tribal Council.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC642]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XXIII--HOPI TRIBE: INDUSTRIAL PARK
Sec. 642. Powers of Tribal Council
The Hopi Tribal Council shall have the following powers:
(a) Sale of lands
To sell any part of the lands within the Hopi Industrial Park.
(b) Mortgages or deeds of trust; law governing mortgage foreclosure or
sale; United States as party; removal of cases; appeals
To execute mortgages upon, or deeds of trust to, the lands within
said Hopi Industrial Park. Such lands shall be subject to foreclosure or
sale pursuant to the terms of such mortgage or deed to trust in
accordance with the laws of the State of Arizona. The United States
shall be an indispensable party to, and may be joined in, any such
proceeding involving said lands with the right to remove the action to
the United States district court for the district in which the land is
situated, according to the procedure in section 1446 of title 28, and
the United States shall have the right to appeal from any order of
remand entered in such action.
(c) Pledge of revenue or other income to secure indebtedness for
development of park; law governing action to enforce pledge;
United States as party
To pledge any revenue or other income from lands within said Hopi
Industrial Park, and the improvements situated thereon, and any other
revenue or income that may be available to the Hopi Tribe without regard
to source, to secure any indebtedness of the Hopi Tribe incurred in the
development of said Hopi Industrial Park, and any action to enforce said
pledge shall be in accordance with the laws of the State of Arizona, and
the United States shall be an indispensable party thereto to the same
extent and under the same conditions as hereinbefore provided in the
case of mortgage foreclosures.
(d) Issuance of bonds and payment of costs thereof; sale of bonds at
public or private sale
To issue bonds for and on behalf of the Hopi Tribe, and pay the
costs thereof, to accomplish the purposes of this subchapter, in one or
more series, in such denomination or denominations, maturing at such
time or times, and in such amount or amounts, bearing interest at such
rate or rates, in such form either coupon or registered, to be executed
in such manner, payable in such medium of payment, at such place or
places, subject to such terms of redemption, with or without premium,
and containing such other restrictive terms as may be provided by tribal
ordinance. Such bonds may be sold at not less than par at either public
or private sale and shall be fully negotiable.
(e) Appointment of bank or trust company as trustee for purposes of
authorization and creation of issue of bonds; authority to
commence action to enforce obligations to tribe without joining
United States as party
To appoint a bank or trust company with its home office in the State
of Arizona having an officially reported combined capital, surplus,
undivided profits and reserves aggregating not less than $10,000,000 as
trustee for all of the purposes provided in the ordinance authorizing
and creating any issue of bonds. Any trustee so appointed may be
authorized to commence an action for and on behalf of, or on relation
of, the Hopi Tribe to enforce any obligation to the tribe pledged to
secure payment of the bonds without joining the United States as a party
thereto.
(f) Entering business ventures as shareholder, or as limited partner
with corporation, firm or person operating within park
To enter into any business venture as a shareholder of a corporation
issuing nonassessable stock, or as a limited partner with any
corporation, firm or person operating within said Hopi Industrial Park.
(g) Lease of lands and improvements thereon
To lease lands within the Hopi Industrial Park, any other tribal
lands, and the improvements thereon, in accordance with the provisions
of Federal laws.
(Pub. L. 91-264, Sec. 2, May 22, 1970, 84 Stat. 260.)
