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October 9, 2014: Secretarial Election Rules

The Proposed Rule would revise Parts 81 and 82 and consolidate both into a single Part 81 of Title 25 of the CFR. These are the implementing regulations for sections of the Indian Reorganization Act of 1934 relating to the organization of tribes under constitutional systems of governance (25 USC 476). The Proposed Rule would, under the Definitions section, no longer expressly require one to have any Indian blood to be a “member” of an Indian “tribe.” Under current regulations, Part 82 contains a similar definition of “member” (i.e., one that does not expressly require one to be an Indian), but Part 81 defines “member” to mean “any Indian who is duly enrolled …” (italics added for emphasis). The Proposed Rule completely removes Part 82 from the regulation. , the Proposed Rule would also seem to create a new definition of “tribe” for the purposes of 25 U.S.C. 476. Under the Proposed Rule, “tribe” means an entity that is listed in the Federal Register under 25 U.S.C. 479a—1(a), the codified Federally Recognized Tribe List Act of 1994.

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