25 CFR 81.2 - Purpose and scope.

§ 81.2 Purpose and scope.
(a) The purpose of this part is to provide uniformity and order in:
(1) Holding Secretarial elections for voting on proposed constitutions when tribes wish to reorganize,
(2) Adopting constitutional amendments,
(3) Ratifying and amending charters,
(4) Revoking constitutions, and
(5) Facilitating the calling of such elections by the Secretary under provisions of a Federal Statute.
(b) This part may also be used as a guideline by tribes wishing to hold constitutional elections that are not held pursuant to a Federal Statute.
(c) Where a discrepancy might appear to exist between these regulations and a specific requirement of the statute governing the reorganization of a tribe or ratification and amendment of charters, the regulations shall be interpreted to conform with the statute.
(d) As much as possible, Secretarial elections shall be scheduled so as to avoid their being held at the same time as tribal elections in order to avoid the confusion that results from different requirements for each kind of election.
Beta! The text on the eCFR tab represents the unofficial eCFR text at ecfr.gov.
§ 81.2 When does this part apply?

(a) This part applies only to federally recognized tribes, in the circumstances shown in the following table.

If a tribe wants to . . . And . . .
(1) Adopt a new governing document to reorganize under Federal statute The Federal statute requires an election before or after Secretarial approval.
(2) Adopt a new governing document to reorganize outside Federal statute The governing document requires approval under the Secretary's general authority to approve.
(3) Amend or revoke a governing document adopted under Federal statute The Federal statute requires an election and approval for amendment or revocation.
(4) Amend or revoke a governing document adopted outside Federal statute The governing document requires Secretarial approval of an amendment or revocation.
(5) Ratify a federal charter of incorporation The charter requires Secretarial approval or is being ratified under the Oklahoma Indian Welfare Act (OIWA).
(6) Amend a federal charter of incorporation The charter requires a Secretarial election to amend.
(7) Take other action A Federal statute or tribal law requires a Secretarial election in order to take that action.
(8) Remove the requirement for a Secretarial approval from a governing document A Federal statute or tribal law requires a Secretarial election in order to take that action.

(b) Secretarial elections will be conducted in accordance with the procedures in this part unless the amendment article of the tribe's governing document provides otherwise and is not contrary to Federal voting qualifications or substantive provisions, in which case the provisions of those documents shall rule, where applicable.

(c) If the amendment provisions of a tribal governing document have become outdated and the amendment cannot be effected under them, and the recognized tribal governing body requests a Secretarial election, the Bureau may authorize a Secretarial election under this part to amend the documents.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code

Title 25 published on 2015-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 25 CFR Part 81 after this date.

  • 2015-10-19; vol. 80 # 201 - Monday, October 19, 2015
    1. 80 FR 63094 - Secretarial Election Procedures
      GPO FDSys XML | Text
      DEPARTMENT OF THE INTERIOR, Bureau of Indian Affairs
      Final rule.
      This rule is effective November 18, 2015.
      25 CFR Parts 81 and 82