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88 FR 53779, Aug. 9, 2023, unless otherwise noted.
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(a) The purpose of this subpart is to allow an account holder to dispute the accuracy of the activity contained within a Statement of Performance.
(b) The appeals process in this subpart is summarized as follows:
(1) Account holders receive a Statement of Performance at least each quarter. In limited circumstances, account holders may only receive a Statement of Performance annually based upon activity.
(2) An account holder may submit an Objection to the Statement of Performance (“Objection”) to the decision-maker.
(3) The decision-maker will render a Decision on the Objection to the Statement of Performance (“Decision”).
(4) An account holder may submit an Appeal of the Decision on the Objection to the Statement of Performance (“Appeal”) to the Director, BTFA.
(5) The Director, BTFA will render the BTFA's ruling on the account holder's appeal.
(6) An account holder may appeal the BTFA's ruling to the AS-IA.
(7) The AS-IA's decision on the account holder's appeal is a final agency action.
Account holder means a Tribe or a person who owns the funds in a Tribal or Individual Indian Money (IIM) account that is maintained by the Secretary.
Appeal of the Decision on the Objection to the Statement of Performance (“Appeal”) means your appeal of the decision-maker's decision.
Basis of Objection to the Statement of Performance (“Basis of Objection”) means the documentation you submit supporting your Objection to the Statement of Performance.
BTFA means the Bureau of Trust Funds Administration.
BTFA's Ruling means the ruling issued by Director, BTFA on your Appeal of the decision-maker's decision.
Decision on the Objection to the Statement of Performance (“Decision”) means the decision-maker's decision on your Objection to the Statement of Performance.
Decision-maker means the Director, Office of Trust Analysis and Research within the Bureau of Trust Funds Administration who reviews your Objection to the Statement of Performance.
Objection to the Statement of Performance (“Objection”) means the document you submit to the decision-maker, alleging errors in your Statement of Performance.
Reviewing official means the Director, BTFA.
Statement of Performance (SOP) means the document that is issued to each account holder that identifies:
(1) The source, type, and status of the funds;
(2) The beginning balance;
(3) The gains and losses;
(4) Receipts and disbursements; and
(5) The ending balance.
If you want to challenge the accuracy of activity within a Statement of Performance, you must submit an Objection to the Statement of Performance within 60 calendar days of the statement date.
Yes. However, if a Tribe has entered into a settlement with the United States and that settlement contains language concerning the challenge of a statement of performance, the language in the settlement agreement will control.
No. This subpart is solely for the purpose of challenging the accuracy of the activity within the SOP. If you want to challenge the underlying action that generated the proceeds deposited into your trust account, you must contact the BIA agency responsible for the action.
No. The purpose of this subpart is to provide a method for account holders to dispute the activity in the account.
Your Objection to the Statement of Performance must be in writing and contain all of the following:
(a) Your name, address, and telephone number;
(b) The statement date of the specific Statement of Performance that you are challenging;
(c) A copy of the Statement of Performance being challenged; and
(d) The Basis of Objection.
Your Basis of Objection must be in writing and contain:
(a) A statement that details all of the errors or omissions that you believe exist in the Statement of Performance, with as much explanatory detail as possible;
(b) A statement describing the corrective action that you believe BTFA should take; and
(c) All information that you believe relates to the error(s) or omission(s) in the specific Statement of Performance.
(a) You must submit your Objection to the Statement of Performance to the decision-maker at: U.S. Department of the Interior, Bureau of Trust Funds Administration, Attn: Director, Office of Trust Analysis and Research, 1849 C Street NW, Washington, DC 20240.
(b) Your submission must comply with the provisions of § 2.214.
You must submit your Objection to the Statement of Performance within 60 calendar days of the statement date on the Statement of Performance you are challenging.
Yes. The decision-maker will provide an acknowledgement of receipt of your Objection to the Statement of Performance within 10 calendar days of receipt in the form of a letter that will be mailed to the address you provided in your Objection.
Yes. Within 60 calendar days of the statement date on your Statement of Performance, you may request an extension of time, submitted in compliance with the provisions of § 2.214, from the decision-maker to submit your Objection to the Statement of Performance. The decision-maker may grant one 30-day extension of time in which to submit your Objection to the Statement of Performance.
No. The denial of an extension of time to submit the Objection to the Statement of Performance is not appealable.
If you fail to submit either the Objection to the Statement of Performance or the Basis of Objection within the applicable deadlines:
(a) The Statement of Performance at issue will be deemed accurate and complete for all purposes;
(b) You will have waived your right to invoke the remainder of the review and appeals process as to that Statement of Performance; and
(c) You will have failed to exhaust the administrative remedies available within the Department.
The decision-maker will have 30 calendar days from the date of receipt of your Basis of Objection to the Statement of Performance to issue a Decision on your Objection to the Statement of Performance. If your Basis of Objection is not received when you submit your Objection to the Statement of Performance and an extension of time was not asked for and granted, the decision-maker will dismiss your Objection to the Statement of Performance.
The Decision on your Objection to the Statement of Performance will contain an explanation as to whether the decision-maker agrees or disagrees with your Objection to the Statement of Performance. If the decision-maker agrees with your Objection to the Statement of Performance, a correction will be made and reflected on your Statement of Performance. If the decision-maker disagrees with your Objection to the Statement of Performance, the Decision will provide information about your right to appeal the Decision.
Yes. The Decision issued by the decision-maker is appealable to the reviewing official, who is the Director, BTFA.
Your Appeal must comply with the instructions in § 2.214 and must include the statement date of the specific Statement of Performance that you are appealing.
You must submit your Appeal, as provided in § 2.214, to the reviewing official, at: U.S. Department of the Interior, Bureau of Trust Funds Administration, Attn: Director, BTFA, 1849 C Street NW, Washington, DC 20240.
You must file your Appeal within 30 calendar days of the date that the decision-maker issued the Decision.
No. You may not submit any other documents in support of your Appeal. The reviewing official may only consider the documents that were reviewed by the decision-maker.
No. You must submit the Appeal within 30 calendar days of the issuance of the Decision. The reviewing official will not grant an extension of time to submit your appeal of a Decision.
If you fail to submit your Appeal within the 30-day deadline:
(a) The decision-maker's decision will be effective;
(b) The Statement of Performance at issue will be deemed accurate and complete;
(c) You will have waived your right to invoke the remainder of the review and appeals process as to that same Statement of Performance; and
(d) You will have failed to exhaust the administrative remedies available within the Department.
The reviewing official will issue the BTFA's ruling within 30 calendar days of receipt of your Appeal of a Decision on your Objection to the Statement of Performance. The ruling will provide information about your right to further appeal.
Yes. The BTFA's ruling may be appealed to the AS-IA. The procedures, requirements, and deadlines set out in §§ 2.816, 2.817, and 2.819 through 2.821 apply to appeals to the AS-IA under this subpart. Submit your Appeal to: U.S. Department of the Interior, Office of the Assistant Secretary—Indian Affairs, MS 4660, 1849 C Street NW, Washington, DC 20240, as provided in § 2.214.
(a) Statements of Performance, and decisions rendered by Department officials under this subpart, are final when the deadline for submitting an Objection to the Statement of Performance or an Appeal has expired and the account holder has not submitted an Objection to the Statement of Performance or an Appeal.
(b) A decision rendered by the AS-IA is a final agency action.