§ 1000.1035. What steps does the bureau take after a Request to Initiate the Information Phase is submitted by a Tribe/Consortium?
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/us/cfr/t25/s§ 1000.1035·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Within 15 days of receipt of a Tribe's/Consortium's Request to Initiate the Information Phase, the bureau will respond in writing to the Tribe's/Consortium's identified point of contact and identify the person designated as the bureau's representative responsible for providing information under this subpart. The bureau representative shall in good faith fulfill the following responsibilities:
(1)In accordance with paragraph
(b)of this section, provide the Tribe/Consortium with all program budget and program information from each organizational level of the bureau(s); and
(2)Notify any other bureau as required under this subpart.
(b)Within 30 calendar days of receipt of the Tribe's/Consortium's request, the bureau representative must provide to the Tribe/Consortium the information responsive to the Tribe's/Consortium's Request to Initiate the Information Phase, if otherwise consistent with the bureau's budgetary process and subject to other applicable law. Responsive information includes, at a minimum:
(1)Information regarding program, budget, staffing, and locations of the offices administering the program identified by the Tribe/Consortium and related administrative support programs; and
(2)Such other information requested by the Tribe/Consortium in its request.
(c)Upon request by a Tribe/Consortium, the bureau will provide technical assistance to the Tribe/Consortium and be available to meet with Tribal/Consortium representatives to explain the information provided and discuss other questions from the Tribe/Consortium;
(d)The bureau shall issue a written explanation if it determines it cannot provide information required under paragraph
(b)of this section within the 30-day period. If a bureau makes such a determination, then the bureau must provide any other information that is reasonably related to the Tribe/Consortium's request and the date when other information, not provided within 30 days but available for disclosure to the Tribe/Consortium, can be provided;
(e)The Secretary shall provide information under this section in a manner that facilitates the inclusion of programs in funding agreements and the implementation of funding agreements (25 U.S.C. 5369);
(f)If a bureau fails to timely provide information under this subpart, the Tribe/Consortium may:
(1)File a Freedom of Information Act request. These requests shall be considered for a fee waiver under the Freedom of Information Act; and/or
(2)Appeal in accordance with subpart R of this part.
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§ 1000.1035
What steps does the bureau take after a Request to Initiate the Information Phase is submitted by a Tribe/Consortium?
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