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§115.816. May a tribe's request for a withdrawal of trust funds from its trust account be delayed or denied?

25 C.F.R. § 115.816

(a)
Action on a tribe's request for a withdrawal of trust funds may be delayed or denied if:
(1)
The tribe did not submit all the necessary documentation;
(2)
The tribe's request is not signed by the proper authorizing official(s);
(3)
OTFM does not have documentation from the tribe certifying its recognized, authorizing officials;
(4)
The tribe's request is in conflict with statutory language or the controlling document governing the use of the trust funds; or
(5)
The BIA or OTFM requires clarification regarding the tribe's request.
(b)
If action on a tribe's request to withdraw trust funds will be delayed or denied, the BIA or the OTFM will:
(1)
Notify the tribe within ten (10) working days of the date of a request made under § 115.815(a);
(2)
Notify the tribe under the time frames established in 25 CFR part 1200 for requests made under the Trust Reform Act; and
(3)
Provide technical assistance to the tribe to address any problems.
Notes, amendments, and revision history

Authority

Authority: R.S. 441, as amended, R.S. 463, R.S. 465; 5 U.S.C. 301; 25 U.S.C. 2; 25 U.S.C. 9; 43 U.S.C. 1457; 25 U.S.C. 4001; 25 U.S.C. 161(a); 25 U.S.C. 162a; 25 U.S.C. 164; Pub. L. 87-283; Pub. L. 97-100; Pub. L. 97-257; Pub. L. 103-412; Pub. L. 97-458; 44 U.S.C. 3101 et seq.

Source

Source: 66 FR 7094, Jan. 22, 2001, unless otherwise noted.