§4412 Board of Trustees

Summary

Creates a Board of Trustees with 13 voting members and 6 nonvoting members. The President must appoint the 13 voting members not later than 180 days after October 17, 1986. Those appointees must come from private life and be Indians or others known in Indian art and culture, with varied political views and skills (for example, finance, law, fine arts, or college administration). The 6 nonvoting members are two Representatives chosen by the Speaker after consulting the House Minority Leader, two Senators chosen by Senate leaders, the Institute’s president, and the student body president. When making appointments, the President must consult tribes and Indian organizations, publish notice in the Federal Register at least 4 months before terms end, ask for nominations, try to get regional and tribal balance, and make sure a majority of the appointed members are Indians. The Board helps run the notice and nomination process and may recommend or comment on candidates. Members of Congress or their designees may attend Board meetings and give advice. Appointed members usually serve 6-year terms. The first group was staggered so 4 served 2 years, 4 served 4 years, and 5 served 6 years. Appointees may serve no more than 2 consecutive terms but may stay until a successor is named. Congressional appointees serve until their Congressional term ends. Vacancies are filled for the remainder of the term. Members can be removed only for good cause. The President names the first Chair and Vice Chair from the appointed members for 12 calendar months; thereafter the Board elects them for 2-year terms. A majority of the appointed members is a quorum unless bylaws say otherwise. The Board sets policy, runs the Institute, and makes rules. Appointed members are paid $125 per day when working for the Board and get travel pay like other federal intermittent workers. To keep stability, the Board can recommend continuing a member; the Chair must send that recommendation to the President at least 75 days before the term ends. If no Senate nomination is sent within 60 days after a term ends, the member is treated as reappointed for a full term, except this cannot reduce the number of Indian members below 7.