A tribe that plans to adopt or amend a governing document or a spokesperson for a petitioner may, but is not required to, submit the proposed document with a request for informal review to the Local Bureau Official.
(a) During the informal review:
(1) Bureau personnel will help the tribal government or petitioner spokesperson in drafting governing documents, bylaws, charters, amendments and revocations, explain the Secretarial election process, and provide guidance on methods for voter education, such as informational meetings.
(2) The Local Bureau Official will review the proposed document and will offer technical assistance and comments to the tribe or petitioner spokesperson, including but not limited to guidance on whether any of the provisions of the proposed document or amendment may be contrary to applicable laws.
(b) 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.
Notes of Decisions
Mackinac Tribe v. Jewell, 87 F. Supp. 3d 127 (D.D.C. 2015).
“§ 476 (c)(1)(A); 25 C.F.R. § 81.5 (a). The Secretary’s duty to hold the ratification election is nondiscretionary: once the Secretary receives such a request, the Secretary “shall” call an election within 180 days, 25 U.”
Coyote Valley Band of Pomo Indians v. United States, 639 F. Supp. 165 (E.D. Cal. 1986).
· cites it 2× “The regulation governing requests to call elections is 25 C.F.R. § 81.5 (a), the meaning of which can hardly be disputed: The Secretary shall authorize the calling of an election to adopt a constitution and bylaws or to revoke a constitution and *175 bylaws, upon a request from…”
Shakopee Mdewakanton Sioux (Dakota) Cmty. v. Babbitt, 906 F. Supp. 513 (D. Minnesota 1995).
“Under § 476(c) and 25 C.F.R. § 81.5 , the Secretary is required to call and conduct an election to amend a § 476 tribal constitution upon a request from the tribal government.”
King v. Norton, 160 F. Supp. 2d 755 (E.D. Mich. 2001).
“25 C.F.R. § 81.5 (d). Elections to amend tribal constitutions must be conducted pursuant to the rules prescribed by the Secretary of the Interior and are therefore known as “Secretarial elections.”
Split Fam. Support Grp. v. Moran, 232 F. Supp. 2d 1133 (D. Mont. 2002).
· cites it 2× “9, specifically identifies a petition in accordance with 25 C.F.R. 81.5(b)as a tribal request. However, 25 CFR 81.”
— 25 C.F.R. § 81.5(b) — 1 case
Split Fam. Support Grp. v. Moran, 232 F. Supp. 2d 1133 (D. Mont. 2002).
“9, specifically identifies a petition in accordance with 25 C.F.R. 81.5(b)as a tribal request. However, 25 CFR 81.”
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