[Code of Federal Regulations]
[Title 25, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 25CFR81.5]

[Page 243-244]
 
                            TITLE 25--INDIANS
 
     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
 
PART 81_TRIBAL REORGANIZATION UNDER A FEDERAL STATUTE--Table of Contents
 
Sec. 81.5  Request to call election.

    (a) The Secretary shall authorize the calling of an election to 
adopt a constitution and bylaws or to revoke a constitution and bylaws, 
upon a request from the tribal government.
    (b) The Secretary shall authorize the calling of an election to 
adopt a constitution and bylaws pursuant to a Federal Statute upon 
receipt of a petition bearing the signatures of at least 60 percent of 
the tribe's adult members.

[[Page 244]]

    (c) The Secretary shall authorize the calling of an election to 
ratify a charter at the time the charter is issued, but he/she may issue 
a charter to a reservation-based tribe only upon petition by at least 
one-third of the adult members of the tribe. No ratification, however, 
shall be valid unless the tribe has a constitution adopted and approved 
pursuant to the relevant Federal Statute.
    (d) The Secretary shall authorize the calling of an election on the 
adoption of amendments to a constitution and bylaws or a charter when 
requested pursuant to the amendment article of those documents. The 
election shall be conducted as prescribed in this part unless the 
amendment article of the constitution and bylaws or the charter provides 
otherwise, in which case the provisions of those documents shall rule 
where applicable.
    (e) If the amendment provisions of a tribal constitution or charter 
have become outdated and amendment can not be effected pursuant to them, 
the Secretary may authorize an election under this part to amend the 
documents when the recognized tribal government so requests.
    (f) Any authorization not acted upon within 90 days (tribes in 
Alaska shall be granted 120 days) from the date of issuance will be 
considered void. Notification of the election date as provided for in 
Sec. 81.14 shall constitute the action envisioned in this section. 
Extension of an authorization may be granted upon a valid and reasonable 
request from the election board. Copies of authorizations shall be 
furnished the requesting tribe or petitioners.
    (g) In those instances where conflicting proposals to amend a single 
constitutional or charter provision are submitted, that proposal first 
received by the officer in charge, if found valid, shall be placed 
before the voters before any consideration is given other proposals. 
Other proposals shall be considered in order of their receipt; provided, 
they are resubmitted following final action on the initial submission. 
This procedure shall also apply in those instances where new or revised 
constitutions are at issue.