Federal Register / Vol. 79, No. 196 / Thursday, October 9, 2014 / Proposed Rules 61021 

that may be made to the streamline 

refinance section of the Handbook. 

Dated: October 3, 2014. 

Carol J. Galante, 

Assistant Secretary for Housing—Federal 

Housing Commissioner. 

[FR Doc. 2014–24069 Filed 10–8–14; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

25 CFR Parts 81 and 82 

[BIA–2014–0006; K00103 12/13 A3A10; 

134D0102DR–DS5A300000– 

DR.5A311.IA000113] 

RIN 1076–AE93 

Secretarial Election Procedures 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: The Bureau of Indian Affairs 

is proposing to amend its regulations 

governing Secretarial elections and 

procedures for tribal members to 

petition for Secretarial elections. This 

proposed rule reflects changes in the 

law and the requirement that 

regulations be written in plain language. 

DATES: Comments must be received on 

or before December 17, 2014. See the 

SUPPLEMENTARY INFORMATION section of 

this document for dates of tribal 

consultations. 

ADDRESSES: You may submit comments 

by any of the following methods: 

—Federal rulemaking portal: http://

www.regulations.gov. The rule is listed 

under the agency name ‘‘Bureau of 

Indian Affairs.’’ The rule has been 

assigned Docket ID: BIA–2014–0006. 

—Email: laurel.ironcloud@bia.gov. 

Include ‘‘Part 81’’ in the subject line of 

the message. 

—Mail or hand-delivery: Chief, 

Division of Tribal Government Services, 

Office of Indian Services, Bureau of 

Indian Affairs, Department of the 

Interior, 1849 C Street NW., Mail Stop 

4513–MIB, Washington, DC 20240. 

Comments on the Paperwork 

Reduction Act information collections 

contained in this rule are separate from 

comments on the substance of the rule. 

Submit comments on the information 

collection requirements in this rule to 

the Desk Officer for the Department of 

the Interior by email at OIRA_

Submission@omb.eop.gov or by 

facsimile at (202) 395–5806. Please also 

send a copy of your comments to 

laurel.ironcloud@bia.gov. 

See the SUPPLEMENTARY INFORMATION

section of this document for locations of 

tribal consultation sessions. 

FOR FURTHER INFORMATION CONTACT: 

Laurel Iron Cloud, Chief, Division of 

Tribal Government Services, Central 

Office, Bureau of Indian Affairs at 

telephone (202) 513–7641. Individuals 

who use a telecommunications device 

for the deaf (TDD) may call the Federal 

Information Relay Service at 1–800– 

877–8339 between 8 a.m. and 4 p.m. 

Monday through Friday, excluding 

Federal holidays. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Bureau of Indian Affairs (BIA) is 

amending 25 CFR parts 81 (Secretarial 

Elections) and 82 (Petitioning 

Procedures), combining them into one 

Code of Federal Regulations part at 25 

CFR part 81. The Secretarial Elections 

regulations were originally adopted in 

1964, and the Petitioning Procedures 

regulations were originally adopted in 

1967. See 29 FR 14359 (October 17, 

1964); 32 FR 11779 (August 16, 1967). 

The Department has not updated either 

of these regulations since 1981. See 46 

FR 1668 (January 7, 1981). 

A Secretarial election is a Federal 

election conducted by the Secretary of 

the Interior (Secretary) under a Federal 

statute or tribal governing document 

under 25 CFR part 81. See Cohen’s 

Handbook of Federal Indian Law 

section 4.06[2][a]–[b], at 286–297 (Nell 

Jessup Newton ed., 2012). See also 

Cheyenne River Sioux Tribe v. Andrus, 

566 F. 2d 1085 (8th Cir. 1977), cert. 

denied, 439 U.S. 820 (1978). The 

proposed rule: 

• Responds to the amendments made 

to section 16 of the Indian 

Reorganization Act (IRA) (June 18, 1934, 

48 Stat. 984) (25 U.S.C. 476), as 

amended, which established time 

frames within which the Secretary must 

call and conduct Secretarial elections 

and provided that all elections will be 

handled by mailout ballot unless polling 

places are expressly required by the 

amendment or adoption article of the 

tribe’s governing document. 

• Responds to the amendments made 

to Section 17 of the IRA by the Act of 

May 24, 1990 (104 Stat. 207) (25 U.S.C. 

477) under which additional tribes may 

petition for charter of incorporation and 

removes the requirement of an election 

to ratify the approval of new charters 

issued after May 24, 1990, unless 

required by tribal law. 

• Reflects the 1994 addition of two 

subsections to section 16 of the IRA by 

Technical Corrections Act of 1994 (108 

Stat. 707) (25 U.S.C. 476(f) & (g)) that 

prohibit the government from making a 

regulation or administrative decision 

‘‘that classifies, enhances, or diminishes 

the privileges and immunities available 

to a federally recognized Indian tribe 

relative to the privileges and immunities 

available to other federally recognized 

tribes by virtue of their status as Indian 

tribes.’’ 

When Congress enacted Oklahoma 

Indian Welfare Act (OIWA) in 1936, the 

language it used to guarantee the right 

of tribes to organize and adopt 

constitutions and bylaws was different 

from that used in the IRA. The OIWA 

language requires the Secretary to 

approve the constitution before it is 

submitted to the tribal membership for 

a vote to ratify it. These regulations 

reflect the difference in language 

between the IRA and the OIWA. 

The proposed rule includes language 

clarifying that a tribe reorganized under 

the IRA may amend its governing 

document to remove the requirement for 

Secretarial approval of future 

amendments. Once the requirement for 

Secretarial approval is removed through 

a Secretarial election, Secretarial 

approval of future amendments is not 

required. 

The proposed rule also clarifies that 

the Secretary will accept petitions for 

Secretarial elections only from federally 

recognized tribes included on the list of 

recognized tribes published by the 

Secretary pursuant to section 479a–1. 

II. Comments From Tribal 

Representatives 

As discussed in section III of this 

document, we held several tribal 

consultation sessions on draft 

regulations addressing Secretarial 

elections and petitioning procedures. 

The following summarizes comments 

received during that consultation 

process. 

Definitions 

Several tribes questioned the 

definition of ‘‘Indian’’ included in the 

consultation draft. Because the term is 

not used in the body of the regulation 

other than as defined in the IRA, we 

have deleted this definition. We have 

also clarified the definition of ‘‘tribe’’ as 

those federally recognized tribes 

included on the list of recognized tribes 

published by the Secretary pursuant to 

Section 479a–1. 

One tribe questioned the definition of 

‘‘member’’ because the consultation 

draft included an additional provision 

stating that, in the absence of the tribe’s 

written criteria for membership, a 

member is a person the tribal members 

recognize as belonging to that tribe. The 

tribe noted that there may not be 


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agreement among tribal members as to 

who belongs to the tribe. For this 

reason, we deleted that portion of the 

definition, so that a member is a person 

who is duly enrolled in the tribe. 

One tribe suggested adding a 

definition of ‘‘notary.’’ We were unable 

to locate a definition of this term in 

other regulations and determined that 

the term is self-evident. This tribe also 

asked if a tribe can enact an ordinance 

authorizing people to become notaries, 

rather than being confined to using 

State-authorized notaries. Tribes 

presumably have the inherent power to 

create notary regimes. If a tribe has 

established an adequate regulatory 

framework to ensure the integrity of 

their notary process, we would approve 

use of the tribe’s notaries in lieu of other 

established notaries. If a tribe has a 

question about whether its notary 

process is adequately regulated, it 

should contact us. 

We received a few comments asking 

about the definition for ‘‘reorganized 

tribe’’ in the consultation draft. Under 

the consultation draft, ‘‘reorganized 

tribe’’ would mean a tribe whose 

members have adopted a governing 

document under a Federal statute. 

Tribes also requested clarification of 

the definitions of ‘‘reservation’’ and 

‘‘Rancheria.’’ The proposed rule deletes 

the definition of ‘‘Rancheria’’ because it 

is not used in the body of the regulation. 

The proposed rule deletes the definition 

of ‘‘reservation’’ because its meaning is 

self-evident where used. 

Several tribes noted there is no 

definition for ‘‘resident.’’ We did not 

define this term because it is not used 

in the regulation. A tribe asked how 

tribal governing document’s definitions 

of residency will affect who may vote in 

a Secretarial election. We have clarified 

at § 81.8 of the proposed rule when 

tribal governing document 

qualifications (such as residency) for 

voting govern who may vote in a 

Secretarial election. 

Tribal Choice To Require Secretarial 

Approval 

One tribe asked about the 

consequences to a tribe of removing the 

requirement for Secretarial approval of 

future amendments from its governing 

document. As explained by a Federal 

representative at the consultation, 

removing the requirement for Secretarial 

approval of future amendments means 

that Secretarial approval will no longer 

be required for additional amendments 

to the tribe’s governing document. 

One tribe asked whether a tribe that 

has reorganized under the IRA and 

decides to remove the requirement for a 

Secretarial election must hold a 

Secretarial election to remove that 

requirement. The tribe must hold a 

Secretarial election to remove the 

requirement for a Secretarial election 

from its governing document if a tribal 

law or Federal statute requires such an 

election. Section 81.2(h) of the proposed 

rule addresses this issue. 

Who May Vote in a Secretarial Election 

Several tribes asked questions 

regarding who may vote in a Secretarial 

election. For example, at least one tribe 

asked for language stating that the 

tribe’s governing documents may 

establish eligibility for voting. 

Secretarial elections are Federal 

elections, and, as such, anyone who is 

18 years of age or older and otherwise 

qualified is eligible to vote, even if the 

tribal governing document requires 

voters to be 21 to be eligible to vote in 

tribal elections. The 26th Amendment to 

the Federal constitution lowered the 

minimum voting age for Federal 

elections from 21 to 18. This provision 

is at § 81.9 of the proposed rule. 

Another tribe asked under what 

circumstances only the class of citizens 

who voted on the original tribal charter 

or governing document may vote. If the 

tribe’s governing documents do not 

establish qualifications for voting, then 

the only members who may vote are 

those who meet the same qualifications 

as those entitled to vote in the 

Secretarial Election that effected the 

tribe’s reorganization. 

A few tribes noted that there are no 

provisions for voting by tribal members 

who are serving in the military, at 

college, or incarcerated. These 

individuals may be eligible to vote by 

mail or by absentee ballot if they 

otherwise meet the requirements of 

§ 81.9 of the proposed rule. 

Absentee Voting 

Several tribes asked about who may 

vote by absentee ballot. The proposed 

regulation provides that all Secretarial 

election voting is to be done by mail 

with use of a mailout ballot, except 

where the amendment or adoption 

articles of the tribe’s governing 

document require in-person voting. (See 

§ 81.35 of the proposed rule.) If polling 

places are required, an absentee ballot 

may be requested. 

A tribe asked that the regulations 

specify that voters can request a new 

absentee ballot, if necessary. See § 81.40 

of the proposed rule. 

A tribe asked that the regulations 

specify whether voters receiving an 

absentee ballot may choose to vote in 

person. See § 81.40 of proposed rule. 

A tribe asked if the envelope for 

absentee ballots will be pre-addressed 

and have prepaid postage. The proposed 

regulations clarify that the envelope will 

be pre-addressed but will not have 

prepaid postage. See § 81.23 of proposed 

rule. 

Registered Voters and Registration to 

Vote 

Tribes asked for clarification on the 

‘‘registered voter’’ definition and its 

difference from ‘‘eligible voter.’’ We 

simplified these definitions and explain 

the registered voters list further in 

§§ 81.26 through 81.32 of the proposed 

rule. A tribe also asked about the 

definition of ‘‘qualified voter’’ in the 

consultation draft. We have deleted the 

definition of ‘‘qualified voter’’ because it 

was unnecessary. 

A few tribes asked whether the 

registration process is required and 

noted that it is a task for voters to 

register for Secretarial elections in 

addition to other elections. Section 

81.29 describes why the Registered 

Voters List is necessary. 

A tribe asked what happens if the 

tribe does not have a registration 

process. The Secretarial Election Board 

is responsible for the registration 

process for Secretarial elections. 

Request for Secretarial Election 

The consultation draft of the 

regulations stated that the tribe must 

provide an ‘‘appropriate request’’ to 

request a Secretarial election. A tribe 

requested clarification of that definition. 

The proposed regulation instead uses 

the term ‘‘tribal request’’ and clarifies 

what qualifies as such a request at 

§ 81.4. 

Tribes also questioned the procedures 

set out in the consultation draft, which 

included an initial request for election 

and then a final request for election, and 

the timing of those procedures. The 

proposed rule simplifies the process by 

requiring only one request for 

Secretarial election. 

Ballots 

There were several questions on the 

different types of ballots. The 

consultation draft had mentioned 

spoiled, damaged, mutilated, valid and 

invalid ballots. We determined that the 

only necessary category is ‘‘spoiled’’ 

ballots and describe the effect of a 

spoiled ballot in Sections 81.39 and 

81.40. (See definition for ‘‘spoiled’’ 

ballot in § 81.4.) 

Timelines 

One tribe asked what a tribe’s 

recourse is if BIA does not act within 

the 90-day deadline for calling and 

holding an election on a constitutional 

amendment. If BIA fails to act within 


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the 90-day deadline, the affected tribe 

may bring suit, after exhausting its 

administrative remedies, if any, to 

compel agency action under the 

Administrative Procedure Act. 

The consultation draft included a 

provision that stated that if BIA failed 

to act on an authorization to conduct an 

election within 90 days, then the 

authorization is considered void. 

Several tribes commented that this 

expiration punishes the tribe for BIA’s 

failure to act. Since the tribal 

representatives on the Secretarial 

Election Board charged with the 

responsibility for calling and holding 

the election outnumber the BIA 

representative, the expiration of the 

authorization was not intended to 

punish the tribe in any way but rather 

simply to ensure that the tribal request 

had not become stale. The legal 

authority to call and conduct a valid 

election does not disappear after 90 

days so we have deleted this provision. 

A tribe noted that the regulations do 

not hold the Secretarial Election Board 

accountable for holding the election 

within 90 days. The deadline for 

holding an election is established by 

statute; the proposed rule does not 

restate the deadline, but the Secretarial 

Election Board remains subject to it. 

Several tribes asked for clarification 

on the time frame in which results of an 

election may be challenged. Section 

81.43 of the proposed rule clarifies that 

challenges must be received within 

three days (which are defined to be 

calendar days) after the Certificate of 

Results of Election is posted. If the third 

day falls on the weekend or a holiday, 

the challenge must be received by the 

close of business (COB) the next 

business day. 

One tribe suggested that three 

business days, rather than calendar 

days, be the time frame allotted for 

challenges. Another tribe stated that 

indicating business days in some 

provision but calendar days in others is 

inconsistent and may result in 

confusion. For this reason, the proposed 

rule counts all days as calendar days. 

Several tribes had questions about the 

consultation draft’s timeframes with 

regard to the 90-day deadline for calling 

and holding an election for an 

amendment, and the 180-day deadline 

for calling and holding an election for 

a new proposed governing document, 

including an amendment to a governing 

document in the nature of an entire 

substitute, or revocation of a governing 

document. These timelines are 

statutorily established (25 U.S.C. 

476(c)(1) and are reflected in the 

regulation. (See § 81.19(a) of proposed 

rule.) 

Secretarial Election Board 

Several tribes asked questions 

regarding the Secretarial Election Board. 

One tribe asked whether there are any 

restrictions on who may be appointed to 

the Secretarial Election Board. The only 

restriction is that those persons be 

members of the tribe with the exception 

of the Chairman of the Secretarial 

Election Board, who must be a BIA 

employee. 

Another asked who makes the 

determination as to who serves on the 

Secretarial Election Board. The 

Authorizing Official appoints a BIA 

employee as the chair of the Secretarial 

Election Board. The tribal governing 

body chooses at least two tribal 

members to serve on the Secretarial 

Election Board. If the tribe declines to 

appoint two tribal members then the 

Local BIA Official would make the 

appointments. 

A tribe asked for clarification on 

whether the chair is Federal or tribal 

official. The Authorizing Official will 

appoint a BIA employee to serve as the 

Federal chair of the Secretarial Election 

Board. (See § 81.19(b) of proposed rule.) 

This tribe also asked whether there are 

limits to the appointment. Because the 

Secretarial Election Board is established 

for a single Secretarial election, it 

dissolves after it completes all the 

duties associated with that election. The 

tribe also asked for clarification on 

whether ‘‘recognized governing body’’ 

means the governor or the tribal council. 

‘‘Recognized governing body’’ refers to 

the representative body that has 

legislative authority. Ordinarily, it 

would be neither the tribal governor, 

chief, nor chair; nor would it be the 

entire adult membership of the tribe. 

One tribe asked for clarification on 

the Secretarial Election Board’s duties. 

Duties are clarified in § 81.22 of the 

proposed rule. 

One tribe asked what the criteria are 

for the Board to deny an applicant status 

as a registered voter. The Board may 

deny an applicant registered voter status 

only if the applicant does not meet the 

requirements to cast a vote or if the 

registration form was not submitted 

before the deadline. 

Privacy Concerns 

Several tribes expressed concern 

about the privacy of individuals whose 

names are listed on the registration list, 

because the registration list is posted. 

The proposed rule provides that the 

registration list contains only the 

individuals’ names and voting districts, 

if applicable. We believe that this 

information is the minimum necessary 

to a meaningful opportunity to 

challenge the eligibility of a voter and 

therefore does not constitute an 

unwarranted intrusion into the 

individual’s privacy. 

Several tribes asked what happens to 

election information after the election is 

closed and who has access to the 

information. Sections 81.45(d) and 

81.50(d) establish that BIA will forward 

certain documents to the tribe and 

retain a copy of records as required by 

the Federal Records Act. Those records 

may be subject to exemptions from the 

Freedom of Information Act for personal 

privacy and confidentiality. The records 

retained by the BIA will be available for 

inspection and copying in accordance 

with the Freedom of Information Act 

and the Privacy Act. 

Another tribe expressed concern 

about the Secretarial Election Board 

keeping registration packets 

confidential. The registration packets 

contain general election information 

that is sent to all tribal members 18 

years of age or older at their last known 

address. These packets are not 

confidential. However, the returned 

registration forms contain personal 

information that is covered by the 

Privacy Act and may be subject to 

exemptions from the Freedom of 

Information Act for personal privacy 

and confidentiality. 

Challenges 

Several tribes asked who may 

challenge the Registered Voters List. 

Under § 81.32 of the proposed rule, any 

tribal member may challenge the 

inclusion or exclusion of a name from 

the Registered Voters List as long as he 

or she provides supporting 

documentation for the challenge. 

A tribe asked for clarification on the 

time period for challenges to the 

Registered Voters List. The Secretarial 

Election Board establishes the time 

period for challenges. (See § 82.33 of 

proposed rule.) 

A tribe asked how much time the 

election board has to rule on a 

challenge. The proposed rule, at § 81.33, 

clarifies that the Secretarial Election 

Board has three days after the challenge 

deadline to rule on the challenge. 

Petitioning 

Several tribes questioned why 

petitions had to be signed by at least 60 

percent of the tribe’s eligible voters 

where the tribe is not reorganized (i.e., 

where the tribe is adopting a governing 

document under Federal statute for the 

first time). The 60 percent requirement 

was adopted in 1981. See 46 FR 1669 

(January 7, 1981). We have re-examined 

this requirement in light of the 

questions raised at consultation, and are 


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61024 Federal Register / Vol. 79, No. 196 / Thursday, October 9, 2014 / Proposed Rules 

now proposing that petitions must be 

signed by at least 20 percent of the 

tribe’s eligible voters where the tribe is 

not reorganized. The rationale for 

lowering the threshold to 20 percent is 

that a smaller percentage should be 

entitled to raise the question to a vote 

by petition than the percentage required 

to vote for an election to be valid. The 

IRA requires only 30 percent of eligible 

voters to vote for an election to be valid. 

See 25 U.S.C. 478a. We are specifically 

seeking comment on this proposed 

revision. 

Several tribes objected to posting the 

petition because individuals’ addresses 

are included on the petition. Addresses 

are redacted before posting. 

Several tribes asked for additional 

information on what makes a petition 

valid and/or a checklist to ensure that 

petitions are complete. Sections 81.58 

and 81.65 explain how the BIA reviews 

petitions. 

One tribe asked for confirmation that 

the Authorizing Official’s determination 

as to the validity of the petition is final 

for the Department of the Interior. For 

the purposes of calling and conducting 

the Secretarial Election the regulations 

establish that this determination is final 

at § 81.65. 

Other Comments 

One tribe stated that 25 U.S.C. 476(h), 

which establishes that each tribe has 

inherent sovereign power to adopt 

governing documents under procedures 

other than those specified in the IRA, is 

not expressly addressed in the 

regulations. The regulations govern 

procedures for Secretarial elections; 

they do not diminish tribes’ inherent 

sovereign power to adopt governing 

documents when Secretarial elections 

are not required. 

One tribe stated that applicability of 

the regulations needs to be clearer. We 

have attempted to clarify applicability at 

§ 81.2 of the proposed rule. 

One tribe asked for clarification on 

when technical assistance is available 

for the tribe and for petitioners. The 

proposed rule clarifies this availability 

in § 81.6. 

Several tribes requested additional 

information on charters. We clarify the 

applicability of the regulations to 

charters in § 81.2. 

One tribe asked whether Secretarial 

elections must follow tribal law. 

Secretarial Elections are governed by 

Federal law. The Secretary shall defer to 

specific variations noted in the adoption 

or amendment articles of a tribe’s 

governing document that are not 

otherwise inconsistent with Federal 

law. 

A tribe expressed concern about how 

to prevent one individual from casting 

multiple votes. Similarly, a tribe asked 

whether votes hand-delivered by one 

individual on behalf of several need to 

be scrutinized. The proposed regulation 

includes several safeguards to ensure 

that each individual receives only one 

ballot, and mailout or absentee ballots 

require the registered voter to sign a 

certification on the back of the return 

envelope. 

A tribe suggested the regulations 

include consequences for violating the 

ban on electioneering. Tribes may enact 

and enforce tribal law governing the 

orderly conduct of elections, which 

would apply to Secretarial elections to 

the extent they do not conflict with 

these regulations. Interference in a 

Secretarial election may be a violation 

of Federal civil rights and voting laws 

and punishable under Federal law, as 

well as tribal law. 

A tribe asked what happens if the 

Secretarial Election Board itself is 

involved in voter fraud. Anyone who 

commits fraud in connection with the 

conduct of a Secretarial election may be 

subject to prosecution under Federal 

law. If actual election fraud makes it 

impossible to determine the results of 

the election, the Secretary must 

disapprove the election results and call 

for a new election as soon as corrective 

action can be taken. Election fraud 

which does not change the ultimate 

results of an election does not require 

disapproval of the election results. For 

example, if 80 of 100 eligible voters cast 

votes in the affirmative and election 

fraud was shown with regard to 20 

votes, the Secretary would not need to 

disapprove the election as those 20 

votes would not change the ultimate 

results of the election. 

A tribe suggested that the regulations 

address assistance for illiterate voters. 

The proposed regulations describe the 

types of assistance available at § 81.12; 

an illiterate voter may request 

reasonable accommodations, which may 

include having the interpreter read to 

the voter, audio aids, or some other 

accommodation. 

One tribe stated that it should be a 

requirement to hold education meetings 

with the public regarding each 

Secretarial election and the process. We 

have considered this comment but 

determined it is not appropriate to 

include an express requirement for 

educational meetings in the regulation 

because of the wide variety of governing 

documents and possible amendments 

that tribes may want to consider. We 

strongly encourage tribes, however, to 

conduct their own voter education 

programs. 

A few tribes asked that the proposed 

rule include a cross-reference to 25 CFR 

1.2, which allows for waivers of 

requirements when in the best interest 

of the Indians. These regulations are 

intended to establish procedures in the 

conduct of Federal elections that by 

statute include specific deadlines. 

Therefore, the Secretary’s authority to 

grant waivers would be limited. It is not 

anticipated that waivers would 

routinely be appropriate and the 

regulations themselves are being drafted 

so that they are effective in the vast 

majority of cases; thus, 25 CFR 1.2 is not 

cross-referenced. 

We received a number of suggestions 

for items to add to a handbook 

including: how to verify or authenticate 

signatures, what are acceptable forms of 

registration (email, mail, etc.), how the 

Secretarial Election Board handles 

hand-delivered ballots, a chart outlining 

the petitioning process and the 

Secretarial election process, template 

letters regarding the status of the 

request, checklists to help meet 

timeframes, and information on 

challenges to petition signatures based 

on an allegation of forgery. We will 

consider including these items 

following finalization of the regulations. 

III. Consultations 

A. Past Consultations 

Efforts to revise this regulation date 

back to 1992, when the first 

consultations were held. The 

Department most recently hosted a set 

of tribal consultation sessions in 2009 

and 2010. These sessions were held on 

December 1, 2009, in Anchorage, 

Alaska; Brooks, California, on January 

12, 2010; Minneapolis, Minnesota, on 

January 20, 2010; Oklahoma City, 

Oklahoma, on January 26, 2010; Pala, 

California, on February 2, 2010; and 

Albuquerque, New Mexico, on February 

4, 2010. The Department also accepted 

written comments to the regulations. 

The Department reviewed the comments 

and made significant changes to the 

draft in response to tribes’ comments 

and suggestions. Publication of this 

proposed rule triggers an additional 

tribal consultation period where tribes 

may submit additional comments orally 

at tribal consultation sessions, or in 

writing. 

B. Future Consultations 

We will hold consultations at the 

following locations on the dates and 

times specified: 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 196 / Thursday, October 9, 2014 / Proposed Rules 61025 

Date Time (all times local) Location Venue 

Sunday, October 26, 2014 ............... 1 p.m.–4 p.m. ................................... Atlanta, GA ........................... National Congress of American Indians (NCAI) Annual Convention 

Hyatt Regency Atlanta 265 

Peachtree St NE Atlanta, GA 

30303. 

Tuesday, November 18th, 2014 ...... 8:30 a.m.–12 p.m. ............................ Oklahoma City, OK .............. Embassy Suites Oklahoma City Airport 1815 S. Meridian Ave. Oklahoma City, OK 73108. 

The Department will provide tribes 

with notice of any additional tribal 

consultation sessions. 

IV. Procedural Matters 

A. Regulatory Planning and Review 

(E.O. 12866) 

Executive Order (E.O.) 12866 provides 

that the Office of Information and 

Regulatory Affairs (OIRA) at the Office 

of Management and Budget (OMB) will 

review all significant rules. OIRA has 

determined that this rule is not 

significant. E.O. 13563 reaffirms the 

principles of E.O. 12866 while calling 

for improvements in the nation’s 

regulatory system to promote 

predictability, to reduce uncertainty, 

and to use the best, most innovative, 

and least burdensome tools for 

achieving regulatory ends. The E.O. 

directs agencies to consider regulatory 

approaches that reduce burdens and 

maintain flexibility and freedom of 

choice for the public where these 

approaches are relevant, feasible, and 

consistent with regulatory objectives. 

E.O. 13563 emphasizes further that 

regulations must be based on the best 

available science and that the 

rulemaking process must allow for 

public participation and an open 

exchange of ideas. We have developed 

this rule in a manner consistent with 

these requirements. This rule is also 

part of the Department’s commitment 

under the Executive Order to reduce the 

number and burden of regulations and 

provide greater notice and clarity to the 

public. 

B. Regulatory Flexibility Act 

The Department certifies that this rule 

will not have a significant economic 

effect on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). It does not 

change current funding requirements or 

regulate small entities. 

C. Small Business Regulatory 

Enforcement Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. It 

will not result in the expenditure by 

State, local, or tribal governments, in the 

aggregate, or by the private sector of 

$100 million or more in any one year. 

Secretarial elections are funded by the 

BIA. Nor will this rule have significant 

adverse effects on competition, 

employment, investment, productivity, 

innovation, or the ability of the U.S.- 

based enterprises to compete with 

foreign-based enterprises. 

D. Unfunded Mandates Reform Act 

This rule does not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of more than $100 million per year. The 

rule does not have a significant or 

unique effect on State, local, or tribal 

governments or the private sector. A 

statement containing the information 

required by the Unfunded Mandates 

Reform Act (2 U.S.C. 1531 et seq.) is not 

required. 

E. Takings (E.O. 12630) 

Under the criteria in Executive Order 

12630, this proposed rule does not affect 

individual property rights protected by 

the Fifth Amendment nor does it 

involves a compensable ‘‘taking.’’ A 

takings implication assessment is not 

required. 

F. Federalism (E.O. 13132) 

Under the criteria in Executive Order 

13132, this proposed rule has no 

substantial direct effect on the States, on 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. This rule clarifies 

the procedures for conducting a 

Secretarial election, which is a Federal 

election, for federally recognized Indian 

tribes. 

G. Civil Justice Reform (E.O. 12988) 

This proposed rule complies with the 

requirements of Executive Order 12988. 

Specifically, this rule has been reviewed 

to eliminate errors and ambiguity and 

written to minimize litigation; and is 

written in clear language and contains 

clear legal standards. 

H. Consultation With Indian Tribes 

(E.O. 13175) 

In accordance with the President’s 

memorandum of April 29, 1994, 

‘‘Government-to-Government Relations 

with Native American Tribal 

Governments,’’ Executive Order 13175 

(59 FR 22951, November 6, 2000), and 

512 DM 2, we have held several 

consultation sessions with 

representatives of federally recognized 

tribes throughout the development of 

this proposed rule. Details on these 

consultation sessions and the comments 

received are described above. 

I. Paperwork Reduction Act 

The Paperwork Reduction Act (PRA), 

44 U.S.C. 3501 et seq., prohibits a 

Federal agency from conducting or 

sponsoring a collection of information 

that requires OMB approval, unless 

such approval has been obtained and 

the collection request displays a 

currently valid OMB control number. 

Nor is any person required to respond 

to an information collection request that 

has not complied with the PRA. In 

accordance with 44 U.S.C. 3507(d), BIA 

has submitted the information 

collection and recordkeeping 

requirements of this proposed rule to 

OMB for review and approval. The 

following describes the information 

collection requirements in each section 

of the proposed rule and any changes 

from the current rule. 

Title: Secretarial elections (25 CFR 

part 81) 

OMB Control Number: 1076–NEW 

Requested Expiration Date: Three 

years from the approval date. 

Summary: This information collection 

requires tribes that are requesting a 

Secretarial election to provide a formal 

request for election, including the 

language to be voted on and a certified 

list of tribal members who will be age 

18 at the time of the Secretarial election 

and their current addresses or a certified 

Eligible Voters List with addresses. This 

list is necessary to ensure that all 

eligible voters receive notice of the 

Secretarial election and the opportunity 

to register and vote in the election. This 

information collection also requires that 

tribal members who petition for a 


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Secretarial election provide certain 

information in the petition, that tribal 

members who wish to vote in the 

election to register for the election, that 

registered voters submit a ballot to vote 

in the election, and that anyone wishing 

to challenge the results of an election 

provide substantiating evidence for the 

challenge. 

Frequency of Collection: On occasion. 

Description of Respondents: Indian 

tribes, Indian tribal members. 

Total Annual Responses: 252,041. 

Total Annual Burden Hours: 64,305 

(1,280 hours for tribal submissions, 

63,025 hours for member submissions). 

Total Annual Cost Burden: $110,880. 

The BIA invites comments on the 

information collection requirements of 

this proposed rule. You may submit 

comments to the Desk Officer for the 

Department of the Interior by email at 

OIRA_Submission@omb.eop.gov or by 

facsimile at (202) 395–5806. Please also 

send a copy of your comments to BIA 

at the location specified under the 

heading ADDRESSES. 

You can receive a copy of BIA’s 

submission to OMB by contacting the 

person listed in the FOR FURTHER

INFORMATION CONTACT section, or by 

requesting the information from the 

Indian Affairs Information Collection 

Clearance Officer, Office of Regulatory 

Affairs & Collaborative Action, 1849 C 

Street NW., MS–4141, Washington, DC 

20240. You may also view the 

information collection request as 

submitted to OMB at www.reginfo.gov. 

Comments should address: (1) 

Whether the collection of information is 

necessary for the proper performance of 

the Program, including the practical 

utility of the information to the BIA; (2) 

the accuracy of the BIA’s burden 

estimates; (3) ways to enhance the 

quality, utility, and clarity of the 

information collected; and (4) ways to 

minimize the burden of collection of 

information on the respondents, 

including the use of automated 

collection techniques or other forms of 

information technology. 

J. National Environmental Policy Act 

This proposed rule does not 

constitute a major Federal action 

significantly affecting the quality of the 

human environment. 

K. Information Quality Act 

In developing this proposed rule we 

did not conduct or use a study, 

experiment, or survey requiring peer 

review under the Information Quality 

Act (Pub. L. 106–554). 

L. Effects on the Energy Supply (E.O. 

13211) 

This proposed rule is not a significant 

energy action under the definition in 

Executive Order 13211. A Statement of 

Energy Effects is not required. 

M. Clarity of This Regulation 

We are required by Executive Orders 

12866 and 12988 and by the 

Presidential Memorandum of June 1, 

1998, to write all rules in plain 

language. This means that each rule we 

publish must: 

(a) Be logically organized; 

(b) Use the active voice to address 

readers directly; 

(c) Use clear language rather than 

jargon; 

(d) Be divided into short sections and 

sentences; and 

(e) Use lists and tables wherever 

possible. 

If you believe that we have not met 

these requirements, send us comments 

by one of the methods listed in the 

‘‘COMMENTS’’ section. To better help 

us revise the rule, your comments 

should be as specific as possible. For 

example, you should tell us the 

numbers of the sections or paragraphs 

that are unclearly written, which 

sections or sentences are too long, the 

sections where you believe lists or 

tables would be useful, etc. 

N. Public Availability of Comments 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

We cannot ensure that comments 

received after the close of the comment 

period (see DATES) will be included in 

the docket for this rulemaking and 

considered. Comments sent to an 

address other than those listed above 

will not be included in the docket for 

this rulemaking. 

O. Drafting Information 

The primary authors of this document 

are De Springer, Former Acting Chief, 

Division of Tribal Government Services, 

Bureau of Indian Affairs; Karen Ketcher, 

Former Deputy Regional Director, 

Eastern Oklahoma Region, Bureau of 

Indian Affairs; Suzanne Chaney, Former 

Community Services Officer, Southern 

Plains Region, Bureau of Indian Affairs; 

Danelle Daugherty, Deputy Regional 

Director for Indian Services, Great 

Plains Region, Bureau of Indian Affairs; 

and Elizabeth Appel, Director, Office of 

Regulatory Affairs & Collaborative 

Action—Indian Affairs, Department of 

the Interior. 

List of Subjects in 25 CFR Parts 81 and 

82 

Indians—tribal government. 

For the reasons given in the preamble, 

under the authority of 5 U.S.C. 301 and 

25 U.S.C. 2 and 9, the Department 

proposes to amend chapter I, title 25, as 

follows: 

■ 1. Revise part 81 to read as follows: 

PART 81—SECRETARIAL ELECTION 

PROCEDURES 

Subpart A—Purpose and Scope 

Sec. 

81.1 What is the purpose of this part? 

81.2 When does this part apply? 

81.3 Information collection. 

Subpart B—Definitions 

81.4 What terms do I need to know? 

Subpart C—General Provisions 

81.5 What should a tribe do when 

anticipating adopting or amending its 

governing document? 

81.6 What technical assistance will the 

Bureau provide? 

81.7 What happens if a governing Federal 

statute and this part disagree? 

81.8 Will the Secretary give deference to 

the Tribe’s interpretation of its own 

documents? 

81.9 Who may cast a vote in a Secretarial 

Election? 

81.10 May a tribe establish a voting age 

different from 18 years of age for 

Secretarial elections? 

81.11 What type of electioneering is 

allowed before and during a Secretarial 

Election? 

81.12 What types of voting assistance are 

provided for a Secretarial Election? 

81.13 May Secretarial elections be 

scheduled at the same time as tribal 

elections? 

81.14 How are conflicting proposals to 

amend a single document handled? 

81.15 Who pays for holding the Secretarial 

Election? 

81.16 May a tribe use its funds to pay nonFederal election officials? 

81.17 Who can withdraw a request for a 

Secretarial Election? 

Subpart D—The Secretarial Election 

Process Under the Indian Reorganization 

Act (IRA) 

81.18 How is a Secretarial Election 

requested? 

81.19 What does the Bureau do after 

receiving a request for a Secretarial 

Election? 

81.20 What is the first thing that the Chair 

of the Election Board does? 

81.21 Who conducts the Secretarial 

Election? 


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81.22 How is the Secretarial Election 

conducted? 

81.23 What documents are included in the 

Secretarial Election Notice Packet? 

81.24 What information must be included 

on the Secretarial Election notice? 

81.25 Where will the Secretarial Election 

Notice be posted? 

81.26 How does BIA use the information I 

provide on the registration form? 

81.27 Do I have to re-register if I have 

already registered for a tribal or 

Secretarial Election? 

81.28 How do I submit my registration 

form? 

81.29 Why does the Secretarial Election 

Board compile a Registered Voters List? 

81.30 What information is contained in the 

Registered Voters List? 

81.31 Where is the Registered Voters List 

posted? 

81.32 May the Registered Voters List be 

challenged? 

81.33 How does the Secretarial Election 

Board respond to challenges? 

81.34 How are the official ballots prepared? 

81.35 When must the Secretarial Election 

Board send ballots to voters? 

81.36 What will the mailout or absentee 

ballot packet include? 

81.37 How do I cast my vote at a polling 

site? 

81.38 When are ballots counted? 

81.39 How does the Board determine 

whether the required percentage of 

registered voters have cast ballots? 

81.40 What happens if a ballot is spoiled 

before it is cast? 

81.41 Who certifies the results of the 

Election? 

81.42 Where are the results of the Election 

posted? 

81.43 How are the results of the Election 

challenged? 

81.44 What documents are sent to the 

Authorizing Official? 

81.45 When are the results of the 

Secretarial Election final? 

Subpart E—The Secretarial Election 

Process Under the Oklahoma Indian 

Welfare Act (OIWA) 

81.46 What should a tribe do to adopt or 

amend its governing document? 

81.47 What technical assistance does the 

Bureau provide? 

81.48 What does the Bureau do upon 

receiving the request for an Election? 

81.49 How is the Secretarial Election 

conducted? 

81.50 When are the results of the Election 

final? 

Subpart F—Formulating Petitions To 

Request a Secretarial Election 

81.51 What is the purpose of this subpart? 

81.52 Who must follow these 

requirements? 

81.53 How do tribal members circulate a 

petition to adopt or amend the tribe’s 

governing document? 

81.54 What technical assistance will the 

Bureau provide? 

81.55 Who may initiate a petition? 

81.56 Who may sign a petition? 

81.57 Who is authorized to submit a 

petition to the Secretary? 

81.58 How is the petition formatted and 

signed? 

81.59 Do petitions have a minimum or 

maximum number of pages? 

81.60 How do I find out how many 

signatures are needed for a petition to be 

valid? 

81.61 How long do tribal members have to 

gather the signatures? 

81.62 How does the spokesperson file a 

petition? 

81.63 How does the Local Bureau Official 

process the petition? 

81.64 How can signatures to the petition be 

challenged? 

81.65 How is the petition validated? 

81.66 May the same petition be used for 

more than one Secretarial Election? 

Authority: 25 U.S.C. 473a, 476, 477, as 

amended, and 503. 

Subpart A—Purpose and Scope 

§ 81.1 What is the purpose of this part? 

This part prescribes the Department’s 

procedures for authorizing and 

conducting elections when Federal 

statute or the terms of a tribal governing 

document require the Secretary to 

conduct and approve an election to: 

(a) Adopt, amend, or revoke tribal 

governing documents; or 

(b) Adopt or amend charters. 

§ 81.2 When does this part apply? 

This part applies only to federally 

recognized tribes, in the circumstances 

shown in the following table. 

If a tribe wants to . . . And . . . 

(a) Adopt a new governing document to reorganize under Federal statute.The Federal statute requires an election before or after Secretarial approval. 

(b) Adopt a new governing document to reorganize outside Federal statute.The governing document requires approval under the Secretary’s general authority to approve. 

(c) Amend or revoke a governing document 

adopted under Federal statute.

The Federal statute requires an election and approval for amendment or revocation. 

(d) Amend or revoke a governing document 

adopted outside Federal statute.

The governing document requires Secretarial approval of an amendment or revocation. 

(e) Ratify a federal charter of incorporation ....... The charter requires Secretarial approval or is being ratified under the Ok lahoma Indian Welfare Act (OIWA). 

(f) Amend a federal charter of incorporation ...... (1) The charter was ratified before the May 24, 1990, amendments to the India n Reorganization Act (IRA); or 

(2) The charter was ratified after May 24, 1990, amendments to the Indian Reorganization Act 

(IRA), and the charter requires a Secretarial Election to amend. 

(g) Take other action .......................................... A Federal statute or tribal law requires a Secretarial Election in order to take that action. 

(h) 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. 

§ 81.3 Information collection. 

The information collection 

requirements contained in this part are 

approved by the Office of Management 

and Budget under the Paperwork 

Reduction Act of 1995, 44 U.S.C. 

3507(d), and has been assigned OMB 

control number 1076–XXX. This 

information is collected when, under 

Federal statute or the tribe’s governing 

documents, the Secretarial Election is 

authorized to adopt, amend, or revoke 

governing documents; or adopt or 

amend charters. This information is 

required to obtain or retain benefits. A 

Federal agency may not collect or 

sponsor an information collection 

without a valid OMB control number. 

Subpart B—Definitions 

§ 81.4 What terms do I need to know? 

For purposes of this part: 

Absentee or Mailout ballot means a 

ballot the Secretarial Election Board 

provides to a registered voter to allow 

him or her to vote by mail. 

Amendment means any modification 

or change to one or more provisions of 

an existing governing document or 

charter. 

Applicable law means any treaty, 

statute, Executive Order, regulation, 

opinion of the Solicitor or final decision 

of the Interior Board of Indian Appeals 

or a Federal court, which is applicable 

to the tribe. 


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Authorizing Official means the 

Bureau official with delegated Federal 

authority to authorize a Secretarial 

Election. 

Bureau means the Bureau of Indian 

Affairs, Department of the Interior. 

Cast means the action of a registered 

voter, when the ballot is received 

through the mail by the Secretarial 

Election Board, or placed in the ballot 

box at the polling site, when polling 

sites are required by the amendment or 

adoption articles of the tribe’s governing 

document. 

Charter means a charter of 

incorporation issued under a Federal 

statute and ratified by the governing 

body in accordance with tribal law or, 

if adopted before May 24, 1990, by a 

majority vote in an election conducted 

by the Secretary. 

Day means a calendar day. A 

Secretarial Election may be held on a 

Saturday, Sunday or Federal holiday. 

Department means the Department of 

the Interior. 

Director means the Director of the 

Bureau of Indian Affairs or his or her 

authorized representative. 

Electioneering means campaigning for 

or against the adoption, ratification, 

revocation or amendment of a proposed 

governing document or a charter. 

Eligible voter means a tribal member 

who will be 18 years of age or older on 

the date of the Secretarial Election. 

Eligible Voters List means a list of 

eligible voters, including their 

birthdates and their last known mailing 

addresses. The Eligible Voters List is 

compiled and certified by the tribe’s 

governing body or the Bureau if the 

Bureau maintains the current 

membership roll for the tribe. 

Federal statute means the Indian 

Reorganization Act (IRA), 25 U.S.C. 476, 

477, as amended, the Oklahoma Indian 

Welfare Act (OIWA), 25 U.S.C. 503, and 

any tribe-specific statute that requires a 

Secretarial Election for the adoption of 

a governing document. 

Governing document means any 

written document which prescribes the 

extent, limitations, and manner in 

which the tribe exercises its sovereign 

powers. 

Local Bureau office means the local 

administrative office of the Bureau. 

Local Bureau Official means the 

Superintendent, Field Representative, or 

other official having delegated Federal 

administrative responsibility under this 

part. 

Member means any person who meets 

the written criteria of and is duly 

enrolled with a tribe. 

Petition means the official document 

submitted by the petitioners to the 

Secretary to call a Secretarial Election 

for the purpose of adopting or ratifying 

a new governing document, amending 

the tribe’s existing governing document, 

or revoking the tribe’s existing 

governing document. 

Polling site ballot means the ballot the 

Secretarial Election Board provides to a 

registered voter, allowing him or her to 

vote when polling sites are required by 

the amendment and adoption article of 

the tribe’s governing document. 

Recognized governing body means the 

tribe’s governing body recognized by the 

Bureau for the purposes of governmentto-government relations. 

Registered Voter means an eligible 

voter who has registered to vote in the 

Secretarial Election. 

Registered Voters List means the list 

of all Registered Voters. A redacted 

version showing only names, and where 

applicable voting districts, shall be used 

for posting purposes. 

Registration means the process by 

which an eligible voter is determined 

eligible to vote in the Secretarial 

Election. 

Revocation means that act whereby 

the registered voters of a tribe vote to 

revoke their current governing 

document. 

Secretarial Election means a Federal 

election conducted by the Secretary 

under a Federal statute or tribal 

governing document under this part. 

Secretarial Election Board means the 

body of officials appointed by the 

Bureau and the tribe to conduct the 

Secretarial Election. 

Secretary means the Secretary of the 

Interior or his or her authorized 

representative. 

Spoiled ballot means the ballot is 

mismarked, mutilated, rendered 

impossible to determine the voter’s 

intent, or marked so as to violate the 

secrecy of the ballot. 

Spokesperson for the petitioners 

means a tribe’s eligible voter who 

provides a document signed by tribal 

members that provides him or her 

authority to speak or submit a petition 

on their behalf. 

Tribal request means a request 

composed of all of the following: 

(1) A duly adopted tribal resolution, 

tribal ordinance, other appropriate tribal 

document requesting the Secretary to 

call a Secretarial Election, or, in the 

absence of an existing governing 

document or if authorized or required 

by the existing governing documents, a 

petition that has been verified by the 

Bureau as having the minimum required 

signatures of tribal members; 

(2) The exact document or amended 

language to be voted on; and 

(3) A list of all Tribal members who 

will be 18 years age or older within 120 

days of the date of this request, 

submitted in an electronically sortable 

format with names, last known 

addresses, dates of birth, and voting 

district, if any. 

Tribe means any Indian or Alaska 

Native tribe, band, nation, pueblo, 

village or community that is listed in 

the Federal Register under 25 U.S.C. 

479a–1(a), as recognized and receiving 

services from the Bureau of Indian 

Affairs. 

Voting district means a geographic 

area established to facilitate the voting 

process, if required, by the amendment 

and adoption articles of the tribe’s 

governing document. 

Subpart C—General Provisions 

§ 81.5 What should a tribe do when 

anticipating adopting or amending its 

governing document? 

The tribe should submit the proposed 

document to the Local Bureau Official 

for review and comment. Bureau 

personnel may help the tribal 

government in drafting governing 

documents, bylaws, charters, 

amendments and revocations. They will 

also explain the Secretarial Election 

process. 

§ 81.6 What technical assistance will the 

Bureau provide? 

(a) Upon completing the initial review 

of the proposed document or 

amendment, the Local Bureau Official 

will make a recommendation on the 

proposed document or amendment, 

prepare background information on the 

tribe, and submit to the Authorizing 

Official. 

(b) The Authorizing Official must do 

all of the following: 

(1) Review the proposed governing 

document or amendment and offer 

technical assistance and comments to 

the tribe. 

(2) Consult with the Office of the 

Solicitor to determine whether any of 

the provisions of the proposed 

governing document or amendment may 

be contrary to applicable law. 

(3) Notify the tribe in writing if a 

provision is or may be contrary to 

applicable law. This notification must: 

(i) Explain how the provision may be 

contrary to applicable law; and 

(ii) Be sent to the tribe promptly but 

in no case less than 30 days before 

calling the election. 

(c) Once the tribe has responded to 

the Bureau’s technical assistance, 

comments and notice of any provision 

that may be contrary to applicable law, 

it may submit a tribal request for a 

Secretarial Election. 


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§ 81.7 What happens if a governing 

Federal statute and this part disagree? 

If a conflict appears to exist between 

this part and a specific requirement of 

the Federal statute, this part must be 

interpreted to conform to the statute. 

§ 81.8 Will the Secretary give deference to 

the Tribe’s interpretation of its own 

documents? 

The Secretary will give deference to 

the tribe’s reasonable interpretation of 

the amendment and adoption articles of 

the tribe’s governing documents. The 

Secretary retains authority, however, to 

interpret tribal law when necessary to 

carry out the government-to-government 

relationship with the tribe or when a 

provision, result, or interpretation may 

be contrary to Federal law. 

§ 81.9 Who may cast a vote in a Secretarial 

Election? 

If the tribe: Then the following individuals may cast a vote: 

(a) Is reorganizing under Federal statute for the 

first time, 

Any member of the tribe who: 

(1) Will be 18 years of age or older on the date of the Secretarial Election; and 

(2) Has duly registered, regardless of residence or other qualifications contained in the tribe’s 

governing documents or charter. 

(b) Is already reorganized under Federal statute, Any member of the tribe who: 

(1) Will be 18 years of age or older on the date of the Secretarial Election; and 

(2) Otherwise meets the qualifications established by the tribe’s governing documents or charter or, if the tribe’s governing documents and charter do not define the qualifications for voting in a Secretarial Election, then meets the same qualifications as those entitled to vote in 

the Secretarial Election that effected the tribe’s reorganization; and 

(3) Has duly registered. 

(c) Is not organized under a Federal statute but 

tribal law requires a Secretarial Election. 

Any member of the tribe who: 

(1) Will be 18 years of age or older on the date of the Secretarial Election; and 

(2) Otherwise meets the qualifications, if any, established by the tribe’s governing documents 

or charter or, if the tribe’s governing documents and charter do not define the qualifications 

for voting in a Secretarial Election; and 

(3) Has duly registered. 

§ 81.10 May a tribe establish a voting age 

different from 18 years of age for Secretarial 

elections? 

No. A Secretarial Election is a Federal 

election. According to the 26th 

Amendment of the U.S. Constitution, 

adopted July 1, 1971, all individuals 18 

years of age and older must be able to 

vote in Federal elections. 

§ 81.11 What type of electioneering is 

allowed before and during Secretarial 

election? 

There shall be no electioneering 

within 50 feet of the entrance of a 

polling site. 

§ 81.12 What types of voting assistance 

are provided for a Secretarial Election? 

If polling sites are required by the 

amendment or adoption article of the 

tribe’s governing document, the Chair of 

the Secretarial Election Board will: 

(a) Appoint interpreters; 

(b) Ensure that audio or visual aids for 

the hearing or visually impaired are 

provided; 

(c) Ensure that reasonable 

accommodations are made for others 

with impairments that would impede 

their ability to vote; and 

(d) Allow the interpreter or Secretarial 

Election Board member to explain the 

election process and voting instructions. 

At the request of the voter, the 

interpreter or Board member may 

accompany the voter into the voting 

booth, but must not influence the voter 

in casting the ballot. 

§ 81.13 May Secretarial elections be 

scheduled at the same time as tribal 

elections? 

The Secretarial Election Board will, 

generally, avoid scheduling Secretarial 

Elections at the same time as tribal 

elections to avoid confusion. If the 

Secretarial Election Board decides to 

schedule a Secretarial Election at the 

same time as a tribal election, the 

Secretarial Election Board must clearly 

inform eligible voters of any differences 

between the tribal election and the 

Secretarial Election and separate ballots 

must be used for each type of election. 

§ 81.14 How are conflicting proposals to 

amend a single document handled? 

When conflicting proposals to amend 

a single provision of a tribal governing 

document or charter provision are 

submitted, the proposal first received by 

the Local Bureau Official, if properly 

submitted as a complete tribal request, 

must be voted on before any 

consideration is given other proposals. 

Other proposals must be considered in 

order of their receipt if they are 

resubmitted following final action on 

the first submission. This procedure 

applies regardless of whether the 

proposal is a new or revised tribal 

governing document. 

§ 81.15 Who pays for holding the 

Secretarial Election? 

A Secretarial Election is a Federal 

election; therefore, Federal funding will 

be used to cover the cost. The Bureau 

will pay for the costs, unless the tribe 

has received funding through contracts 

or self-governance compacts entered 

into under the Indian SelfDetermination and Education 

Assistance Act, as amended, 25 U.S.C. 

450f, et seq. 

§ 81.16 May a tribe use its funds to pay 

non-Federal election officials? 

A tribal recognized governing body 

may use tribal funds to compensate nonFederal personnel to protect the tribe 

and respond to the needs of the tribal 

government in the conduct of the 

Secretarial Election. 

§ 81.17 Who can withdraw a request for a 

Secretarial Election? 

The tribe or spokesperson for the 

petitioners may withdraw the request 

for Secretarial Election in the same 

manner in which the Secretarial 

Election was requested. However, the 

request for a Secretarial Election cannot 

be withdrawn after the established 

deadline for voter registration. 

Subpart D—The Secretarial Election 

Process Under the Indian 

Reorganization Act (IRA) 

§ 81.18 How is a Secretarial Election 

requested? 

A tribe may make a request to the 

Local Bureau Official for a Secretarial 

Election by submitting: 

(a) A tribal request from the 

recognized governing body, or 

(b) A petition from the spokesperson 

for the petitioners. 


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§ 81.19 What does the Bureau do after 

receiving a request for a Secretarial 

Election? 

(a) Upon receiving a request for a 

Secretarial election, the Authorizing 

Official will issue a memorandum to the 

Local Bureau official. The memorandum 

will do all of the following: 

(1) Direct the Local Bureau official to 

call and conduct a Secretarial Election 

by one of the following deadlines: 

(i) If the tribal request is to amend an 

existing governing document, within 90 

days from the date of receipt of the 

request; 

(ii) If the tribal request is to adopt a 

new governing document (including an 

amendment to a governing document in 

the nature of an entire substitute) or to 

revoke an existing governing document, 

within 180 days after receiving the 

request. 

(2) Include as an attachment the 

document or proposed language to be 

voted upon; 

(3) Include as an attachment the 

Certificate of Results of Election with 

instructions to return it after the 

Secretarial Election. The Certificate 

shall read as follows: 

CERTIFICATE OF RESULTS OF ELECTION 

Under a Secretarial Election authorized by 

(name and title of authorizing official) on 

(date), the attached [insert: Governing 

document and Bylaws, charter of 

incorporation, amendment or revocation] of 

the (official name of tribe) was submitted to 

the registered voters of the tribe and on (date) 

duly (insert: adopted, ratified, rejected or 

revoked) by a vote of (number) for and 

(number) against and (number) cast ballots 

found spoiled in an election in which at least 

30 percent (or such ‘‘percentages’’ as may be 

required to amend according the governing 

document) of the (number) registered voters 

cast their ballot in accordance with 

(appropriate Federal statute). 

Signed: lllll 

(by the Chair of the Secretarial Election 

Board and Board Members) 

Date: lll; and 

(4) Advise that no changes or 

modifications can be made to any 

attached document, without the 

Authorizing Official’s prior approval. 

(b) The Local Bureau Official will 

appoint a Bureau employee to serve as 

the Chair of the Secretarial Election 

Board and notify the tribe of the need 

to appoint at least two tribal members 

to the Secretarial Election Board. If the 

tribe declines or fails for any reason to 

make this appointment within10 days 

after the notice letter is issued, the Chair 

of the Secretarial Election Board must 

appoint two representatives on the 11th 

day after the notice letter is issued. 

§ 81.20 What is the first thing that the 

Chair of the Election Board does? 

Within 5 days after the Secretarial 

Election Board representatives are 

appointed, the Chair must hold the first 

meeting of the Secretarial Election 

Board to set the election date. 

§ 81.21 Who conducts the Secretarial 

Election? 

The Secretarial Election Board 

conducts the Secretarial Election. 

§ 81.22 How is the Secretarial election 

conducted? 

The Secretarial Election Board: 

(a) Uses the list provided in the tribal 

request to create an Eligible Voters List; 

(b) Assembles and mails the 

Secretarial Election Notice Packet at 

least 60 days before the date of the 

Secretarial Election to all persons on the 

Eligible Voters List; 

(c) Confirms that registration forms 

were received on or before the deadline 

date; 

(d) Retains the completed registration 

form as part of the record; 

(e) Develops the Registered Voters List 

for posting; 

(f) Notes on a copy of the Registered 

Voters List, by the individual’s name, 

the date his or her ballot request was 

received, the date the ballot was mailed, 

and the date the ballot was returned; 

and 

(g) If polling sites are required by the 

amendment or adoption article of the 

tribe’s governing document, notes on a 

copy of the Registered Voters List, by 

the individual’s name, the date his or 

her absentee ballot request was 

received, the date the absentee ballot 

was mailed, and the date the absentee 

ballot was returned. 

§ 81.23 What documents are included in 

the Secretarial Election Notice Packet? 

The Secretarial Election Notice Packet 

includes the following. 

(a) Mailout Balloting ............................................ (b) Polling Sites (if required by the amendment or adoption ar ticles of the tribe’s governing 

document). 

(1) The Secretarial Election notice; .................... (1) The Secretarial Election notice; 

(2) A registration form with instructions for returning the completed form by mail;.(2) A registration form with instructions for returning the completed form by mail; 

(3) An addressed envelope with which to return 

the completed registration form; and.

(3) An absentee ballot request form with instructions for returning the completed form by mail; 

(4) A copy of the proposed document. ............... (4) An addressed envelope with which to return the completed registration fo rm and absentee 

ballot request form; and 

(5) A copy of the proposed document. 

§ 81.24 What information must be included 

on the Secretarial Election notice? 

The Secretarial Election notice must 

contain all of the following items. 

(a) The date of the Secretarial 

Election; 

(b) The date which registration forms 

must be received by the Secretarial 

Election Board; 

(c) A description of the purpose of the 

Secretarial Election; 

(d) A description of the statutory and 

tribal authority under which the 

Secretarial Election is held; 

(e) The deadline for filing challenges 

to the Registered Voters List; 

(f) The date a ballot request must be 

received by the Secretarial Election 

Board; 

(g) A statement as to whether the 

Secretarial Election is being held 

entirely by mailout ballot or with 

polling sites, in accordance with the 

tribe’s governing document’s 

amendment or adoption articles; and 

(h) The locations and hours of 

established polling sites, if any. 

§ 81.25 Where will the Secretarial Election 

notice be posted? 

The Secretarial Election notice will be 

posted at the local Bureau office, if any, 

the tribal headquarters, and other public 

places determined by the Secretarial 

Election Board. 

§ 81.26 How does BIA use the information 

I provide on the registration form? 

We use the information you provide 

on the registration form to determine 

whether you may be register for and 

vote in the Secretarial Election. The 

registration form must include the 

following statements: 

(a) Completing and returning this 

registration is necessary if you desire to 

vote in the forthcoming Secretarial 

Election; 

(b) This form, upon completion and 

return to the Secretarial Election Board, 


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will be the basis for determining 

whether your name will be placed upon 

the list of registered voters, and 

therefore may receive a ballot, and 

(c) Completion and return of this form 

is voluntary, but failure to do so will 

prevent you from participating in the 

Secretarial election. 

§ 81.27 Do I have to re-register if I have 

already registered for a tribal or Secretarial 

Election? 

Yes. A Secretarial Election is a 

Federal election and you must register 

for each Secretarial Election. 

§ 81.28 How do I submit my registration 

form? 

You must submit your registration 

form to the Secretarial Election Board by 

mail. 

§ 81.29 Why does the Secretarial Election 

Board compile a Registered Voters List? 

The Registered Voters List is a list of 

eligible voters who have registered and 

are, therefore, entitled to vote in the 

Secretarial Election. We use this list, 

after all challenges have been resolved, 

to determine whether voter 

participation in the Secretarial Election 

satisfies the minimum requirements of 

the tribe’s governing documents and 

Federal law. 

§ 81.30 What information is contained in 

the Registered Voters List? 

The Registered Voters List must 

contain the names, in alphabetical 

order, of all registered voters and their 

voting districts, if voting districts are 

required by the tribe’s governing 

document’s amendment or adoption 

articles. 

§ 81.31 Where is the Registered Voters 

List posted? 

A copy of the Registered Voters List, 

showing names only, must be posted at 

the local Bureau office, if any, the tribal 

headquarters, and other public places 

the Secretarial Election Board 

designates. 

§ 81.32 May the Registered Voters List be 

challenged? 

(a) It is possible to challenge in 

writing the inclusion or exclusion or 

omission of a name on the Registered 

Voters List. The written challenge must 

be received by the Secretarial Election 

Board by the established deadline and 

include the following: 

(1) The individual whose name does 

or does not appear on the Registered 

Voters List; 

(2) The reason why the individual’s 

name should or should not be included; 

and 

(3) Supporting documentation. 

(b) Failure to register on time is not 

a valid basis for an individual to 

challenge the omission of his/her name 

from the list. 

§ 81.33 How does the Secretarial Election 

Board respond to challenges? 

All challenges must be resolved 

within three days of the challenge 

deadline established by the Secretarial 

Election Board and all determinations of 

the Secretarial Election Board are final 

for the purpose of determining who can 

vote in the Secretarial Election. 

(a) If the challenge was received after 

the deadline, the Secretarial Election 

Board must deny the challenge. 

(b) If the challenge was received on or 

before the deadline, the Secretarial 

Election Board will decide the challenge 

by reviewing the documentation 

submitted. Thereafter, the Secretarial 

Election Board will include the name of 

any individual whose name should 

appear or remove the name of any 

individual who should not appear on 

the Registered Voters List. 

§ 81.34 How are the official ballots 

prepared? 

(a) The Secretarial Election Board 

must prepare the official ballot so that 

it is easy for the voters to indicate a 

choice between adopting or rejecting the 

proposed language. Separate ballots 

should be prepared for each proposed 

amendment or a single ballot for 

adoption of a proposed document (with 

a reference to the document provided in 

the Secretarial Election notice). 

(b) The following information must 

appear on the face of the mailout or 

absentee ballot: 

OFFICIAL BALLOT 

(Facsimile Signature) 

CHAIR, SECRETARIAL ELECTION 

BOARD 

(c) When polling places are required 

by the tribe’s governing document, the 

official ballot may be a paper ballot, 

voting machine ballot, or other type of 

ballot supporting the secret ballot 

process. 

§ 81.35 When must the Secretarial Election 

Board send ballots to voters? 

(a) The Secretarial Election Board 

must send mailout or absentee ballots to 

registered voters: 

(1) When the list of Registered Voters 

is complete; or 

(2) Any time a request for an absentee 

ballot is received before Secretarial 

Election date if polling sites are required 

by the amendment or adoption articles 

of the tribe’s governing document. 

(b) All mailout or absentee ballot 

transactions must be via U.S. Mail 

before the date of the Secretarial 

Election. 

§ 81.36 What will the mailout or absentee 

ballot packet include? 

The mailout or absentee ballot packet 

contains: 

(a) A mailout or absentee ballot; 

(b) Instructions for voting by mailout 

or absentee ballot including the date the 

ballot must be received by the 

Secretarial Election Board; 

(c) An inner envelope with the words 

‘‘Mailout Ballot’’ or ‘‘Absentee Ballot’’ 

printed on the outside; 

(d) A copy of the proposed governing 

document or amendment, if the full text 

is not printed on the mailout ballot; and 

(e) A pre-addressed outer envelope 

with the following certification printed 

on the back: 

I, (print name of voter), hereby certify I am 

a registered voter of the (name of Tribe); I 

will be 18 years of age or older on the day 

of the Secretarial Election; I am entitled to 

vote in the Secretarial Election to be held on 

(date of Secretarial Election). I further certify 

that I marked the enclosed mailout ballot in 

secret. 

Signed: lllll (voter’s signature) 

§ 81.37 How do I cast my vote at a polling 

site? 

If polling sites are required by the 

tribe’s governing document’s 

amendment or adoption articles, the 

Secretarial Election Board will establish 

procedures for how polling site ballots 

will be presented and collected, 

including, but not limited to, paper 

ballots, voting machines, or other 

methods supporting a secret ballot. 

§ 81.38 When are ballots counted? 

The ballots will be counted under the 

supervision of the Secretarial Election 

Board, after the deadline established for 

receiving all ballots or closing of the 

polls, if polling sites are required by the 

tribe’s governing document’s 

amendment or adoption articles. 

§ 81.39 How does the Board determine 

whether the required percentage of 

registered voters have cast ballots? 

The Secretarial Election Board must 

count the number of valid ballots and 

cast spoiled ballots to determine total 

voter participation. The Board must take 

the total voter participation and divide 

it by the total number of Registered 

Voters. This total is used to determine 

whether the percentage of Registered 

Voters who cast votes meets the 

requirements of the tribe’s governing 

documents or Federal statute that 

requires at least 30 percent voter 

participation. For example: 

(a) If there were 200 registered voters 

of which 75 cast valid ballots and 5 cast 

spoiled ballots for a total of 80 cast 

ballots (75 + 5 = 80). The percentage of 


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voter participation would be determined 

as follows: 

Total number of votes cast (80) 

divided by the total number registered 

voters (200) or 80 ÷ 200 = 0.40 or 40 

percent voter participation. 

(b) This example meets the Federal 

statutory requirement of at least 30 

percent voter participation. 

§ 81.40 What happens if a ballot is spoiled 

before it is cast? 

If a ballot is spoiled before it is cast, 

this section applies. 

(a) The registered voter may return the 

spoiled ballot to the Secretarial Election 

Board by mail or in person with a 

request for a new ballot before the 

election date. The new ballot will be 

promptly provided to the registered 

voter. The Secretarial Election Board 

must retain all ‘‘spoiled uncast ballots’’ 

for recordkeeping purposes. 

(b) If polling sites are required, the 

voter may return the spoiled ballot to 

the polling site worker and request a 

new ballot. Upon receiving the new 

ballot, the voter must then complete the 

voting process. The polling site worker 

will mark the spoiled ballot ‘‘spoiled 

uncast’’ and record that the ballot has 

been spoiled. The polling site worker 

must retain all ‘‘spoiled uncast ballots’’ 

for recordkeeping purposes. 

§ 81.41 Who certifies the results of the 

Election? 

The Chair and all members of the 

Secretarial Election Board must be 

present during the counting of the 

ballots and must sign the Certificate of 

Results of Election. 

§ 81.42 Where are the results of the 

Election posted? 

The Secretarial Election Board must 

post a copy of the Certificate of Results 

of Election at the local Bureau office, the 

tribal headquarters, and at other public 

places listed in the Election notice. 

§ 81.43 How are the results of the Election 

challenged? 

Any person who submitted a voter 

registration form may challenge the 

results of the Secretarial Election. The 

written challenge, with substantiating 

evidence, must be received by the 

Chairman of the Secretarial Election 

Board within 3 days after the Certificate 

of Results of Election is posted. 

Challenges received after the deadline 

for filing challenges will not be 

considered. If the third day falls on a 

weekend or holiday, the challenge must 

be received by close of business on the 

next business day. 

§ 81.44 What documents are sent to the 

Authorizing Official? 

The Chair of the Secretarial Election 

Board must transmit all documents 

pertaining to the Secretarial Election to 

the Authorizing Official, including: 

(a) The original text of the material 

voted on; 

(b) The Eligible Voters List; 

(c) The Registered Voters List; 

(d) The Secretarial Election Notice 

Packet; 

(e) Any challenges to the Secretarial 

Election results; and 

(f) The Certificate of Results of 

Election. 

§ 81.45 When are the results of the 

Election final? 

The Authorizing Official will review 

election results and challenges, if any, 

as follows: 

(a) If a challenge is sustained and may 

have an impact on the outcome of the 

election, the Authorizing Official must 

authorize a recount or call for a new 

Secretarial Election. The Authorizing 

Official will take the appropriate steps 

necessary to provide for a recount or a 

new Secretarial Election. The results of 

the recount or new Secretarial Election 

will be final for the Department. 

(b) If all challenges are denied or 

dismissed, the Authorizing Official will 

review and make a decision based on 

the following: 

(1) The percentage of total votes cast 

was at least 30 percent, or other 

percentages required according to the 

tribe’s governing document’s 

amendment or adoption articles. 

(2) The voters rejected or accepted the 

proposed document or each proposed 

amendment; and 

(3) The proposed documents or 

amendments are not contrary to Federal 

law. 

(c) The Authorizing Official must 

notify, in writing, the recognized 

governing body of the tribe, and the 

Director of the Bureau, of the following: 

(1) The decisions on challenges; 

(2) The outcome of the voting; 

(3) Whether the proposed governing 

document, proposed amendment(s) or 

charter or charter amendments are 

approved or ratified, or if the proposed 

documents contain language that is 

contrary to Federal law and, therefore, 

disapproved; and 

(4) That the decision is final for the 

Department. 

(d) The Authorizing Official must: 

(1) Forward the original text of the 

document, Original Certificate of 

Approval or Disapproval, and the 

Certificate of Results of Election to the 

tribe and a copy of all documents to the 

Bureau Director; and 

(2) Retain, as required by the Records 

Disposition Schedule, a copy of all 

document(s) relevant to the Secretarial 

Election. 

(e) If the certified election results 

show that the tribal members ratified 

the documents, but the Authorizing 

Official does not approve or disapprove 

the governing document or amendment 

within 45 days of the Secretarial 

Election, the Secretary’s approval of the 

documents must be considered as given. 

Subpart E—The Secretarial Election 

Process Under the Oklahoma Indian 

Welfare Act (OIWA) 

§ 81.46 What should a tribe do to adopt or 

amend its governing document ? 

If a tribe expects to adopt or amend 

its governing document, it should 

submit the proposed document to the 

Local Bureau Official for review and 

comment. The Bureau may help the 

tribal government in drafting governing 

documents, bylaws, charters, 

amendments and revocations. The 

Bureau will also explain the Secretarial 

Election process. 

§ 81.47 What technical assistance does 

the Bureau provide? 

(a) Upon completing the initial review 

of the proposed document or 

amendment, the Local Bureau Official 

will make a recommendation on the 

proposed document or amendment, 

prepare background information on the 

tribe, and submit it to the Authorizing 

Official. 

(b) The Authorizing Official will: 

(1) Review the proposed governing 

document or amendment and offer 

technical assistance and comments to 

the tribe; 

(2) Consult with the Office of the 

Solicitor to determine if any of the 

provisions of the proposed governing 

document or amendment may be 

contrary to applicable law; and 

(3) If it appears that a provision is or 

may be contrary to applicable law, 

notify the tribe in writing how the 

provision may be contrary to applicable 

law. 

(c) The Authorizing Official must 

promptly notify the tribe under 

paragraph (b)(3) of this section at least 

30 days before calling the election; 

(d) Once the tribe has responded to 

the Bureau’s technical comments, and 

any notice of a provision that may be 

contrary to applicable law, the 

Authorizing Official may approve the 

proposed document. The tribe may then 

submit a request for a Secretarial 

Election. The Authorizing Official may 

not authorize a Secretarial Election on 

any proposed document that contains 


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provisions that may be contrary to 

applicable law. 

§ 81.48 What does the Bureau do upon 

receiving the request for an Election? 

(a) The Authorizing Official will issue 

a memorandum to the Local Bureau 

Official: 

(1) Approving the proposed document 

or proposed amendments; 

(2) Authorizing the Local Bureau 

Official to call and conduct a Secretarial 

Election, within 90 days from the date 

of receiving the tribal request; 

(3) Attaching the document or 

proposed language to be voted upon; 

(4) Attaching the Certificate of Results 

of Election, with instructions to return 

it at the conclusion of the Secretarial 

Election. The Certificate shall read as 

follows: 

CERTIFICATE OF RESULTS OF ELECTION 

Under a Secretarial Election authorized by 

(name and title of authorizing official) on 

(date), the attached [insert: Governing 

document and Bylaws, charter of 

incorporation, amendment or revocation] of 

the (official name of tribe) was submitted to 

the registered voters of the tribe and on (date) 

duly (insert: adopted, ratified, rejected or 

revoked) by a vote of (number) for and 

(number) against and (number) cast ballots 

found spoiled in an election in which at least 

30 percent (or such ‘‘percentages’’ as may be 

required to amend according the governing 

document) of the (number) registered voters 

cast their ballot in accordance with 

(appropriate Federal statute). 

Signed: lllll 

(by the Chair of the Secretarial Election 

Board and Board Members) 

Date: lll.; and 

(5) Advising that no changes or 

modifications can be made to any of the 

attached documents, without prior 

approval from the Authorizing Official. 

(b) The Local Bureau Official will 

appoint the Chair of the Secretarial 

Election Board and notify the tribe of 

the need to appoint at least two tribal 

members to the Secretarial Election 

Board. If the tribe fails to make such 

appointment within 10 days after the 

notice letter is issued, the Chair of the 

Secretarial Election Board must appoint 

two representatives on the eleventh day 

after the notice letter is issued. 

§ 81.49 How is the Secretarial Election 

conducted? 

After the Chair of the Election Board 

receives the authorization of the 

Election, the Chair of the Secretarial 

Election Board will conduct the election 

following the procedures set out in 

§§ 81.19 through § 81.45. 

§ 81.50 When are the results of the 

Election final? 

(a) If a challenge is sustained and has 

an effect on the outcome of the election, 

the Authorizing Official must authorize 

a recount or call for a new Secretarial 

Election. The Authorizing Official will 

take the appropriate steps necessary to 

provide for a recount or a new 

Secretarial Election. The results of the 

recount or new Secretarial Election will 

be final for the Department. 

(b) If the challenges are denied or 

dismissed, the Authorizing Official will 

review and determine whether: 

(1) The percentage of total votes cast 

was at least 30 percent, or such 

percentages as may be required 

according to the tribe’s governing 

document’s amendment or adoption 

articles; and 

(2) The voters ratified or rejected the 

proposed document, proposed 

amendment or revocation. 

(c) The Authorizing Official must 

notify, in writing, the recognized 

governing body of the tribe, and the 

Director of the Bureau, of the following: 

(1) The decisions on challenges; 

(2) The outcome of the voting; 

(3) That the proposed document, 

proposed amendments or revocation 

becomes effective as of the date of the 

Secretarial Election; and 

(4) That the decision is final for the 

Department. 

(d) The Authorizing Official must: 

(1) Forward the original text of the 

document, Original Certificate of 

Approval, and the Certificate of Results 

of Election to the tribe and a copy of all 

documents to the Director of the Bureau; 

and 

(2) Retain, as required by the Records 

Disposition Schedule, a copy of all 

document(s) relevant to the Secretarial 

Election. 

Subpart F—Formulating Petitions To 

Request a Secretarial Election 

§ 81.51 What is the purpose of this 

subpart? 

This subpart establishes requirements 

for formulating and submitting petitions 

to request the Secretary to call a 

Secretarial Election as required by the 

governing documents or charters of 

incorporation of tribes issued under the 

Indian Reorganization Act (IRA), 25 

U.S.C. 476 and 477, as amended, and 

the Oklahoma Indian Welfare Act 

(OIWA), 25 U.S.C. 503. This Subpart 

may also be used by a federally 

recognized tribe that is adopting a 

governing document, under Federal 

statute, for the first time. 

§ 81.52 Who must follow these 

requirements? 

Any tribe meeting the criteria in 

paragraphs (a) or (b) of this section must 

follow the requirements of this subpart. 

(a) A tribe whose governing document 

or charter of incorporation provides for 

petitioning the Secretary to call a 

Secretarial Election for any of the 

following purposes: 

(1) Amending or revoking the 

governing document; 

(2) Amending a charter of 

incorporation ratified under 25 U.S.C. 

477 of the IRA before May 24, 1990; 

(3) Amending or ratifying a charter of 

incorporation under 25 U.S.C. 503 of the 

OIWA; or 

(4) Taking any other action authorized 

by the governing document or charter of 

incorporation. 

(b) A federally recognized tribe, 

without an existing governing 

document, adopting a governing 

document under Federal statute, for the 

first time. 

§ 81.53 How do tribal members circulate a 

petition to adopt or amend the tribe’s 

governing document? 

Tribal members wishing to circulate a 

petition to adopt or amend the tribe’s 

governing document should submit the 

proposed document to the Local Bureau 

Official for review and comment. This 

may help the petitioners in drafting 

governing documents, bylaws, charters, 

amendments and revocations. The 

Bureau will also explain the Secretarial 

Election process. 

§ 81.54 What technical assistance will the 

Bureau provide? 

(a) The Bureau will provide technical 

assistance for a petition only upon 

request of the spokesperson. Bureau 

personnel will provide a courtesy copy 

to the tribe’s governing body of all 

correspondence regarding technical 

assistance to the petitioners. The 

spokesperson will be responsible for 

obtaining the approval of the tribal 

members it represents on changes to the 

content of the petition. 

(b) Upon completing the initial review 

of the proposed document or 

amendment, the Local Bureau Official 

will make a recommendation on the 

proposed document or amendment, 

prepare background information on the 

tribe, and submit his recommendation 

to the Authorizing Official. 

(c) The Authorizing Official will: 

(1) Review the proposed governing 

document or amendment and offer 

technical assistance and comments to 

the tribe; 

(2) Consult with the Office of the 

Solicitor to determine if any of the 

provisions of the proposed governing 

document or amendment may be 

contrary to applicable law; and 

(3) If it appears that a provision is or 

may be contrary to applicable law, 


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61034 Federal Register / Vol. 79, No. 196 / Thursday, October 9, 2014 / Proposed Rules 

notify the tribe in writing how the 

provision may be contrary to applicable 

law. 

(d) The Authorizing Official must 

promptly notify the tribe under 

paragraph (b)(3) of this section at least 

30 days before calling the election; 

(e) Once the petitioners have 

responded to the Bureau’s technical 

assistance, comments and notice of any 

provision that may be contrary to 

applicable law, they may submit their 

petition requesting a Secretarial 

Election. 

§ 81.55 Who may initiate a petition? 

A member of the tribe who is 18 years 

of age or older whose governing 

document or charter of incorporation 

permits tribal members to petition the 

Secretary to authorize a Secretarial 

Election. 

§ 81.56 Who may sign a petition? 

A member of the tribe who is 18 years 

of age or older. 

§ 81.57 Who is authorized to submit a 

petition to the Secretary? 

The petitioners must designate a 

spokesperson to submit the petition and 

act on their behalf for the petitioning 

process. 

§ 81.58 How is the petition formatted and 

signed? 

(a) Each page of the petition must 

contain: 

(1) A summary of the purpose of the 

petition, or proposed document, or 

proposed amendment language; 

(2) Numbered lines for each 

individual to print their legal name, 

current mailing address, date, and 

signature, and; 

(3) The following declaration at the 

bottom of each page to confirm the 

collector was present when each 

signature was collected: 

‘‘I, (Collector’s Printed Name), hereby declare 

that each individual whose name appears 

above signed and dated the petition. To the 

best of my knowledge, the individual signing 

the petition is a member of the tribe and is 

18 years or older. 

(Signature of Collector) 

(Notary Certification)’’, 

(b) Each individual must print their 

legal name, current mailing address, 

date, and sign on a numbered line. 

(c) Each collector must complete and 

sign the declaration on each page in 

front of a notary, who will sign and 

certify. 

§ 81.59 Do petitions have a minimum or 

maximum number of pages? 

A petition can have as many pages as 

necessary to obtain the required 

signatures, however, each page must 

have the information shown in § 81.58. 

§ 81.60 How do I find out how many 

signatures are needed for a petition to be 

valid? 

(a) For a tribe whose governing 

document or charter of incorporation 

provides for petitioning the Secretary to 

call a Secretarial Election: 

(1) The spokesperson for the 

petitioners may ask the tribe or the 

Local Bureau Official how many 

signatures are required. 

(2) The Local Bureau Official will: 

(i) Contact the tribal governing body 

to obtain the current number of tribal 

members, 18 years of age or older, to 

determine the number of tribal members 

who must sign a petition as required by 

the tribe’s governing document; and 

(ii) Notify the petitioners’ 

spokesperson how many signatures are 

required and that the number is valid 

for 180 days from the date of this 

notification. 

(b) For a federally recognized tribe 

adopting a governing document under 

Federal statute for the first time, the 

petition must have signatures of 20 

percent of the tribal members who are 

18 years of age or older. 

§ 81.61 How long do tribal members have 

to gather the signatures? 

Tribal members have one year from 

the date of the first signature to gather 

the required signatures. 

§ 81.62 How does the spokesperson file a 

petition? 

The spokesperson must submit the 

original petition to the Local Bureau 

Official. 

§ 81.63 How does the Local Bureau Official 

process the petition? 

(a) The Local Bureau Official must, on 

the date of receipt, date stamp the 

petition to record the Official Filing 

Date, and make three copies of the 

petition for use as follows: 

(1) Posting at the local Bureau office 

for 30 days from the Official Filing Date, 

including a statement of the proposal 

contained in the petition and 

instructions for filing a challenge; 

(2) Use in determining sufficiency of 

petition; and 

(3) For viewing at the Local Bureau 

Office by a member of the tribe, 18 years 

of age or older. 

(b) The Local Bureau Official must, 

within one week of the Official Filing 

Date: 

(1) Provide the spokesperson written 

acknowledgment of receiving the 

petition, which contains the Official 

Filing Date, the exact number of 

signatures submitted on the petition, 

and the statement ‘‘The petitioners may 

not add or withdraw any signatures 

from the petition after the Official Filing 

Date’’; and 

(2) Provide a copy of the written 

acknowledgment of receipt and petition 

to the recognized tribal governing body. 

(c) The Local Bureau Official must: 

(1) Consult with the Office of the 

Solicitor to determine if any of the 

provisions that are the subject of the 

petition are or may be contrary to 

applicable law; and 

(2) If it appears that a provision is or 

may be contrary to applicable law, 

notify the petitioner’s spokesperson in 

writing how the provision may be 

contrary to applicable law. 

(d) The Local Bureau Official must 

promptly notify the petitioners of any 

problems identified under paragraph (c) 

of this section at least 30 days before 

calling the election. 

§ 81.64 How can signatures to the petition 

be challenged? 

Any member of the tribe, 18 years of 

age or older, may challenge in writing 

the signatures appearing on the petition. 

The challenge must be submitted to the 

Local Bureau Official, within 30 days of 

the Official Filing Date of the petition 

and must: 

(a) Identify the page and line on 

which a signature appears; and 

(b) Provide documentation supporting 

a challenge that at least one of the 

following is true: 

(1) A signature was forged; 

(2) An individual was ineligible to 

sign the petition; 

(3) A petition page is inconsistent or 

improperly formatted; or 

(4) A petition page contains an 

incomplete declaration statement. 

§ 81.65 How is the petition validated? 

(a) The Local Bureau Official must: 

(1) Confirm the petition has the 

required number of signatures; 

(2) Indicate any signatures appearing 

more than once and include only one in 

the count; 

(3) Make recommendations regarding 

any challenge to the validity of 

signatures based upon the 

documentation provided by the 

challenger; and 

(4) Verify the petitioning procedures 

complied with this Subpart. 

(5) Transmit within 45 calendar days 

of the Official Filing Date the original 

petition, challenges, and 

recommendations to the Authorizing 

Official. 

(b) The Authorizing Official must 

within 60 calendar days of the Official 

Filing Date: 

(1) Determine whether the petition 

complies with the requirements of this 

Subpart; 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 196 / Thursday, October 9, 2014 / Proposed Rules 61035 

1These authorities are: Public Law 61–525, Ch. 

285, 36 Stat. 1419 (1911); Public Law 62–386, Ch. 

72, Sec. 5, 37 Stat. 682 (1913); Public Law 72–212, 

Ch. 314, Sec. 311, 47 Stat. 410 (1932); 30 U.S.C. 

961(c)(2); and Title V of the Independent Offices 

Appropriations Act of 1952, Public Law 82–137, 65 

Stat. 290 (1951), as amended, 31 U.S.C. 9701. 

(2) Inform the spokesperson for the 

petitioners and the recognized tribal 

governing body, in writing, whether the 

petition is valid, the basis for that 

determination, and a statement that the 

decision of the Authorizing Official is 

final for the Department. 

(i) If the petition is determined valid 

for the purposes of calling a Secretarial 

election, the Authorizing Official will 

instruct the Local Bureau Official to call 

and conduct the Secretarial Election in 

accordance with §§ 81.19 through 81.45. 

(ii) If the petition is determined 

invalid, the Authorizing Official will 

notify the spokesperson for the 

petitioners, with a courtesy copy to the 

tribe’s governing body, that the petition 

was not valid and a Secretarial Election 

will not be called. 

§ 81.66 May the same petition be used for 

more than one Secretarial Election? 

No. A petition may not be used for 

more than one Secretarial Election. Each 

request for a Secretarial Election 

requires a new petition. 

PART 82—[REMOVED AND 

RESERVED] 

■ 2. Remove and reserve part 82. 

Dated: October 3, 2014. 

Kevin K. Washburn, 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2014–24118 Filed 10–8–14; 8:45 am] 

BILLING CODE 4310–4J–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

30 CFR Part 5 

[Docket No. MSHA–2014–0016] 

RIN 1219–AB82 

Fees for Testing, Evaluation, and 

Approval of Mining Products 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Proposed rule. 

SUMMARY: The Mine Safety and Health 

Administration (MSHA) proposes to 

amend the Agency’s regulations for 

administering fees for testing, 

evaluation, and approval of products 

manufactured for use in mines. This 

proposed rule would revise the fees 

charged for these services. The proposed 

rule also would include a fee for 

approval services that MSHA provides 

to applicants or approval holders under 

the existing rule, but for which the 

Agency currently does not charge a fee, 

and for other activities required to 

support the approval process. 

DATES: Comments must be received or 

postmarked by midnight Eastern 

Daylight Saving Time on November 10, 

2014. 

ADDRESSES: Submit comments and 

informational materials, identified by 

RIN 1219–AB82 or Docket No. MSHA– 

2014–0016, by one of the following 

methods: 

• Federal E-Rulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments for Docket No. MSHA–2014– 

0016. 

• Electronic mail: zzMSHAcomments@dol.gov. Include RIN 1219– 

AB82 or Docket No. MSHA–2014–0016 

in the subject line of the message. 

• Mail: MSHA, Office of Standards, 

Regulations, and Variances, 1100 

Wilson Boulevard, Room 2350, 

Arlington, Virginia 22209–3939. 

• Facsimile: 202–693–9441. 

• Hand Delivery or Courier: MSHA, 

Office of Standards, Regulations, and 

Variances, 1100 Wilson Boulevard, 

Room 2350, Arlington, Virginia, 

between 9:00 a.m. and 5:00 p.m. 

Monday through Friday, except Federal 

holidays. Sign in at the receptionist’s 

desk on the 21st floor. 

• Instructions: All submissions must 

include RIN 1219–AB82 or Docket No. 

MSHA–2014–0016. Do not include 

personal information that you do not 

want publicly disclosed; MSHA will 

post all comments without change to 

http://www.regulations.gov, and http://

www.msha.gov/currentcomments.asp, 

including any personal information 

provided. 

FOR FURTHER INFORMATION CONTACT: 

Sheila A. McConnell, Acting Director, 

Office of Standards, Regulations, and 

Variances, MSHA, at 

mcconnell.sheila.a@dol.gov (email); 

202–693–9440 (voice); or 202–693–9441 

(facsimile). (These are not toll-free 

numbers). 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

MSHA is including the following 

outline to assist the public in finding 

information in this preamble. 

I. Availability of Information 

II Background 

III. Section-by-Section Analysis 

IV. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

V. Feasibility 

VI. Regulatory Flexibility Act, Small 

Business Regulatory Enforcement 

Fairness Act, and Executive Order 

13272: Proper Consideration of Small 

Entities in Agency Rulemaking 

VII. Paperwork Reduction Act of 1995 

VIII. Other Regulatory Considerations 

I. Availability of Information 

Docket: For access to the docket to 

read comments received, go to http://

www.regulations.gov or http://

www.msha.gov/currentcomments.asp. 

To read background documents, go to 

http://www.regulations.gov. Review the 

docket in person at MSHA, Office of 

Standards, Regulations, and Variances, 

1100 Wilson Boulevard, Room 2350, 

Arlington, Virginia, between 9:00 a.m. 

and 5:00 p.m. Monday through Friday, 

except Federal Holidays. Sign in at the 

receptionist’s desk on the 21st floor. 

Email notification: To subscribe to 

receive an email notification when 

MSHA publishes rules in the Federal 

Register go to http://www.msha.gov/

subscriptions/subscribe.aspx. 

II. Background 

As part of the U.S. Department of 

Labor, under the Federal Mine Safety 

and Health Act of 1977 (Mine Act), as 

amended, MSHA’s mission is to prevent 

death, disease, and injury from mining 

and promote safe and healthy 

workplaces for the Nation’s miners. 

Since 1911, MSHA and its predecessor 

agencies have evaluated and tested 

products for use in mines to prevent 

fires, explosions, and accidents. 

Under various authorities,1 MSHA 

historically has collected fees for its 

services in evaluating, testing, and 

approving products. Originally, the U.S. 

Bureau of Mines, an MSHA predecessor 

agency, billed applicants for approval 

services using published individual fee 

schedules, e.g., each approval part in 

Title 30, Chapter I, provided a list of flat 

fees for different tests, evaluations, and 

other services performed for approval 

activities (30 FR 3752–3757). On May 8, 

1987, MSHA eliminated the individual 

fee schedules and established part 5 

which created an hourly rate for 

administration and calculation of fees 

for services in Title 30, Chapter I, 

Subchapter B, Testing, Evaluation, and 

Approval of Mining Products (52 FR 

17506). On August 9, 2005, MSHA 

revised part 5 and its fee procedures. 

That rule eliminated the application fee, 

allowed preauthorization of 

expenditures for processing 

applications, and allowed outside 

organizations conducting part 15 testing 


tkelley on DSK3SPTVN1PROD with PROPOSALS