May a tribe's request for a withdrawal of trust funds from its trust account be delayed or denied?
Primary source
Verbatim text below is from the Electronic Code of Federal Regulations (eCFR), a public-domain U.S. government work. Always verify the current version with the eCFR before relying on it for any legal matter.
Full Text
(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.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.