[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: 25CFR82.1]

[Page 250-251]
 
                            TITLE 25--INDIANS
 
     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
 
PART 82_PETITIONING PROCEDURES FOR TRIBES REORGANIZED UNDER FEDERAL 
STATUTE AND OTHER ORGANIZED TRIBES--Table of Contents
 
Sec. 82.1  Definitions.




Sec.
82.1 Definitions.
82.2 Purpose and scope.
82.3 Applicability to tribal groups.
82.4 Entitlement to petition.
82.5 Sufficiency of a petition.
82.6 Petition format.
82.7 Notarization of petition signatures.
82.8 Filing of petitions.
82.9 Challenges.
82.10 Action on the petition.
82.11 Duration of petition.

    Authority: 5 U.S.C. 301, and 25 U.S.C. 2, 9, 473a, 476, 477 and 503.

    Source: 46 FR 1675, Jan. 7, 1981, unless otherwise noted. 
Redesignated at 47 FR 13327, Mar. 30, 1982.


    As used in this part:
    (a) Area Director means the Director of the Bureau Area Office 
having administrative jurisdiction over the petitioners' tribe.
    (b) Bureau means the Bureau of Indian Affairs.
    (c) Charter means a charter of incorporation the Secretary may issue 
to a recognized tribe pursuant to a Federal Statute.
    (d) Commissioner means the Commissioner of Indian Affairs or his/her 
authorized representative.
    (e) Constitution or Constitution and Bylaws means the written 
organizational framework of any tribe for the exercise of governmental 
powers.
    (f) Eligible, entitled, or qualified voter means the status achieved 
by a tribal member who meets the requirement of a tribal constitution or 
election ordinance to vote in a tribal election; provided, that where a 
tribe has reorganized pursuant to a Federal Statute, to be an entitled 
or a qualified voter for purposes of this part, the tribal member must 
be at least 18 years of age and be eligible to register for voting in a 
Secretarial election (see part 81 of this chapter).
    (g) Federal Statute means one of the following: (1) The Act of June 
18, 1934, 48 Stat. 984, as amended (Indian Reorganization Act), (2) the 
Act of June 26, 1936, 49 Stat. 1967 (Oklahoma Indian Welfare Act), or 
(3) the Act of May 1, 1936, 49 Stat. 1250 (Alaska Native Reorganization 
Act).
    (h) Local Bureau Official means the Superintendent, Field 
Representative, or other line officer of the Bureau of Indian Affairs 
who has local administrative jurisdiction over the tribe concerned.
    (i) Local Bureau unit means the Bureau office having local 
administrative jurisdiction over the tribe concerned.

[[Page 251]]

    (j) Member means any person who is duly enrolled in a tribe, who 
meets a tribe's written criteria for membership, or is recognized as 
belonging to a tribe by the local Indians comprising that tribe.
    (k) Organized tribe means any tribe that has adopted a constitution 
outside of a Federal Statute.
    (l) Reorganized tribe means any tribe that has adopted a 
constitution pursuant to a Federal Statute.
    (m) Secretarial election means an election held within a tribe 
pursuant to regulations prescribed by the Secretary (as distinguished 
from tribal elections which are conducted under tribal authority (See 
Cheyenne River Sioux Tribe v. Andrus, 566 F.2d 1085 (8th Cir., 1977), 
cert. denied 439 U.S. 820 (1978)).
    (n) Secretary means the Secretary of the Interior or his/her 
authorized representative.
    (o) Spokesman for the petitioners means the authorized voter of a 
tribe initiating a petition or designated by the initiators of a 
petition to speak on their behalf.
    (p) Tribe means any Indian entity that is listed or is eligible to 
be listed in the Federal Register pursuant to Sec. 83.6(b) of this 
chapter as recognized and receiving services from the Bureau that has 
adopted a constitution approved by the Secretary or the Commissioner.