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25 C.F.R. § 82.1   Definitions.

Title 25 - Indians

Title 25: Indians
PART 82—PETITIONING PROCEDURES FOR TRIBES REORGANIZED UNDER FEDERAL STATUTE AND OTHER ORGANIZED TRIBES

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§ 82.1   Definitions.

As used in this part:

(a) Area Director means the Director of the Bureau Area Office having administrative jurisdiction over the petitioners' tribe.

(b) Bureau means the Bureau of Indian Affairs.

(c) Charter means a charter of incorporation the Secretary may issue to a recognized tribe pursuant to a Federal Statute.

(d) Commissioner means the Commissioner of Indian Affairs or his/her authorized representative.

(e) Constitution or Constitution and Bylaws means the written organizational framework of any tribe for the exercise of governmental powers.

(f) Eligible, entitled, or qualified voter means the status achieved by a tribal member who meets the requirement of a tribal constitution or election ordinance to vote in a tribal election; provided, that where a tribe has reorganized pursuant to a Federal Statute, to be an entitled or a qualified voter for purposes of this part, the tribal member must be at least 18 years of age and be eligible to register for voting in a Secretarial election (see part 81 of this chapter).

(g) Federal Statute means one of the following: (1) The Act of June 18, 1934, 48 Stat. 984, as amended (Indian Reorganization Act), (2) the Act of June 26, 1936, 49 Stat. 1967 (Oklahoma Indian Welfare Act), or (3) the Act of May 1, 1936, 49 Stat. 1250 (Alaska Native Reorganization Act).

(h) Local Bureau Official means the Superintendent, Field Representative, or other line officer of the Bureau of Indian Affairs who has local administrative jurisdiction over the tribe concerned.

(i) Local Bureau unit means the Bureau office having local administrative jurisdiction over the tribe concerned.

(j) Member means any person who is duly enrolled in a tribe, who meets a tribe's written criteria for membership, or is recognized as belonging to a tribe by the local Indians comprising that tribe.

(k) Organized tribe means any tribe that has adopted a constitution outside of a Federal Statute.

(l) Reorganized tribe means any tribe that has adopted a constitution pursuant to a Federal Statute.

(m) Secretarial election means an election held within a tribe pursuant to regulations prescribed by the Secretary (as distinguished from tribal elections which are conducted under tribal authority (See Cheyenne River Sioux Tribe v. Andrus, 566 F.2d 1085 (8th Cir., 1977), cert. denied 439 U.S. 820 (1978)).

(n) Secretary means the Secretary of the Interior or his/her authorized representative.

(o) Spokesman for the petitioners means the authorized voter of a tribe initiating a petition or designated by the initiators of a petition to speak on their behalf.

(p) Tribe means any Indian entity that is listed or is eligible to be listed in the Federal Register pursuant to §83.6(b) of this chapter as recognized and receiving services from the Bureau that has adopted a constitution approved by the Secretary or the Commissioner.

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