# 25 CFR § 81.2: When does this part apply?

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-25-81.2

## Section

- **Citation:** 25 CFR § 81.2
- **Heading:** When does this part apply?
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 25—Indians > CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR > SUBCHAPTER F—TRIBAL GOVERNMENT > PART 81—SECRETARIAL ELECTION PROCEDURES > Subpart A—Purpose and Scope

## Text

(a) This part applies only to federally recognized tribes, in the circumstances shown in the following table.
If a tribe wants to . . .
And . . .
(1) Adopt a new governing document to reorganize under Federal statute
The Federal statute requires an election before or after Secretarial approval.
(2) Adopt a new governing document to reorganize outside Federal statute
The governing document requires approval under the Secretary's general authority to approve.
(3) Amend or revoke a governing document adopted under Federal statute
The Federal statute requires an election and approval for amendment or revocation.
(4) Amend or revoke a governing document adopted outside Federal statute
The governing document requires Secretarial approval of an amendment or revocation.
(5) Ratify a federal charter of incorporation
The charter requires Secretarial approval or is being ratified under the Oklahoma Indian Welfare Act (OIWA).
(6) Amend a federal charter of incorporation
The charter requires a Secretarial election to amend.
(7) Take other action
A Federal statute or tribal law requires a Secretarial election in order to take that action.
(8) 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.
(b) Secretarial elections will be conducted in accordance with the procedures in this part unless the amendment article of the tribe's governing document provides otherwise and is not contrary to Federal voting qualifications or substantive provisions, in which case the provisions of those documents shall rule, where applicable.
(c) If the amendment provisions of a tribal governing document have become outdated and the amendment cannot be effected under them, and the recognized tribal governing body requests a Secretarial election, the Bureau may authorize a Secretarial election under this part to amend the documents.

## Nearby sections

- [25 CFR § 81.1 § 81.1 What is the purpose of this part?](https://www.frixlaw.com/law-library/statutes/ecfr-25-81.1.md)
- [25 CFR § 81.2 § 81.2 When does this part apply?](https://www.frixlaw.com/law-library/statutes/ecfr-25-81.2.md)
- [25 CFR § 81.3 § 81.3 Information collection.](https://www.frixlaw.com/law-library/statutes/ecfr-25-81.3.md)
- [25 CFR § 81.4 § 81.4 What terms do I need to know?](https://www.frixlaw.com/law-library/statutes/ecfr-25-81.4.md)
- [25 CFR § 81.5 § 81.5 What informal review is available to a tribe or petitioner when anticipating adopting or amending a governing document?](https://www.frixlaw.com/law-library/statutes/ecfr-25-81.5.md)
- [25 CFR § 81.6 § 81.6 How is a Secretarial election requested?](https://www.frixlaw.com/law-library/statutes/ecfr-25-81.6.md)
- [25 CFR § 81.7 § 81.7 What technical assistance will the Bureau provide after receiving a request for election?](https://www.frixlaw.com/law-library/statutes/ecfr-25-81.7.md)
- [25 CFR § 81.8 § 81.8 What happens if a governing Federal statute and this part disagree?](https://www.frixlaw.com/law-library/statutes/ecfr-25-81.8.md)
- [25 CFR § 81.9 § 81.9 Will the Secretary give deference to the Tribe's interpretation of its own documents?](https://www.frixlaw.com/law-library/statutes/ecfr-25-81.9.md)
- [25 CFR § 81.10 § 81.10 Who may cast a vote in a Secretarial election?](https://www.frixlaw.com/law-library/statutes/ecfr-25-81.10.md)
- [25 CFR § 81.11 § 81.11 May a tribe establish a voting age different from 18 years of age for Secretarial elections?](https://www.frixlaw.com/law-library/statutes/ecfr-25-81.11.md)
- [25 CFR § 81.12 § 81.12 What type of electioneering is allowed before and during Secretarial election?](https://www.frixlaw.com/law-library/statutes/ecfr-25-81.12.md)
- [25 CFR § 81.13 § 81.13 What types of voting assistance are provided for a Secretarial election?](https://www.frixlaw.com/law-library/statutes/ecfr-25-81.13.md)
- [25 CFR § 81.14 § 81.14 May Secretarial elections be scheduled at the same time as tribal elections?](https://www.frixlaw.com/law-library/statutes/ecfr-25-81.14.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-25-81.2. Check the current official text before relying on it. Not legal advice.