notice described in the immediately preceding sentence shall be issued at the earliest practicable time.

(c) The date, time or place of a Commission meeting may be changed after issuance of the public notice described in paragraph (b) of this section only if the Commission gives public notice of any such change at the earliest practicable time. Subjects or agenda items to be discussed at a meeting or determinations by the Commission to open or close a meeting, or a portion of a meeting, to the public, after issuance of the public notice described in paragraph (b) of this section may be changed only if (1) a majority of the full membership of the Commission determine by a recorded vote that Commission business so requires and that no earlier public notice of the change or changes was possible, and (2) the Commission gives public notice of the change and the vote of each Commissioner upon such change or changes at the earliest practicable time.

(d) Immediately following the issuance of each public notice described in paragraphs (b) and (c) of this section, notice of the date, time, place, subjects or agenda items, whether the meeting or any portions thereof will be open or closed to public observation, any change in any of the preceding facts, and the name and business telephone number of the Executive Director of the Commission, shall be submitted for publication in the FEDERAL REGISTER.

(e) The Commission shall also promptly post all public notices described in paragraphs (b) and (c) of this section on a bulletin board maintained for this purpose at the offices of the Commission and shall mail copies to those who request that the Commission's Executive Director place their names on the Commission's general mailing list.

§ 504.9 Procedures for closing certain meetings or portions thereof.

(a) Except with respect to meetings or portions thereof which may be closed to public observation under § 504.7(a)(2), with respect to which the procedure described in § 504.10 applies,

action by the Commission to close any meeting or portion thereof shall be governed by the procedures described in paragraphs (b), (c), and (d) of this section.

(b) Action to close a meeting or any portion thereof pursuant to paragraphs (a)(1) or (a)(3) of § 504.7 shall be taken only when a majority of the full membership of the Commission vote to do so. A separate vote of the Commissioners shall be taken with respect to each meeting a portion or portions of which are so proposed to be closed to public observation or with respect to any information which is proposed to be so withheld. A single vote may be taken with respect to a series of meetings, a portion or portions of which are proposed to be closed to public observation, or with respect to any information concerning such series of meetings, so long as each meeting in such series involves the same particular matters and is scheduled to be held no more than thirty (30) days after the initial meeting in the series. Each meeting in the series shall be subject to the requirements as to notice to the public described in § 504.8. For each vote taken under this paragraph, the vote of each participating Commissioner will be recorded and no proxies will be allowed.

(c) Whenever any person whose interests may be directly affected by a portion of a meeting requests that the Commission close such portion to public observation for any of the reasons referred to in paragraphs (5), (6), or (7) of 5 U.S.C. 552b(c), any one Commissioner may request that a recorded vote of the Commissioners be taken to close such meeting.

(d) Within one day of any vote taken pursuant to paragraphs (b) or (c) of this § 504.9, the Executive Director of the Commission shall make available to the public a written copy thereof showing the vote of each Commissioner. If all or a portion of the meeting is to be closed to public observation, the Executive Director shall, within one day of the vote taken pursuant to paragraphs (b) or (c) of this section, make available to the public a full written explanation of the Commission's action closing the meeting or

portion thereof, together with a list of all persons who are to attend the meeting and their affiliation. This information shall be made available in the same manner as described in paragraph (e) of § 504.8 to the extent that it is not exempt from disclosure under § 504.7.

§ 504.10 Procedure for closing exempt

meetings described in § 504.7(a)(2).

(a) The Commission purposes are exclusively adjudicatory. They consist of trying claims permitted to be filed on behalf of Indian tribes, bands, and groups against the United States pursuant to section 2 of the Indian Claims Commission Act, 60 Stat. 1050 (25 U.S.C. 70a). The Commission has no regulatory or rulemaking functions, nor is it charged with administering any substantive legislation. To protect the integrity of its adjudicatory deliberations, Commission meetings have historically been closed to public observation. For these reasons the Commission has determined that a majority of its meetings may properly be closed to public observation pursuant to § 504.7(a)(2).

(b) In the case of any meeting, or portion thereof, which may be closed to public observation for the reasons described in paragraph (a) of this section, the Commission shall, be a recorded vote at the beginning of said meeting or portion thereof, vote on whether to close the meeting or portion thereof. If a majority of the full membership of the Commission vote to close the meeting or portion thereof, it shall be so closed. A copy of the vote, reflecting the vote of each Commissioner on the question, shall be made available to the public.

(c) In the case of meetings or portions thereof to which this section applies, the provisions of §§ 504.8 and 504.9 shall not apply.

(d) Except to the extent that such information is exempt from disclosure under § 504.7, public announcement of the date, time, place, and subject matters and agenda items of a meeting, or portion thereof, to which this § 504.10 applies, shall be posted at the earliest practicable time on the bulletin board

maintained for this purpose at the offices of the Commission.

§ 504.11 Chief Counsel's certification of closed meetings.

For every meeting closed pursuant to 504.7, the Chief Counsel of the Commission shall, before the commencement of the meeting, publicly certify that the meeting may be closed to the public and shall state which exemptions as set out in 5 U.S.C. 552b(c) are applicable. Absent such certification, the meeting may not be closed to the public. A copy of this certification, together with a statement from the presiding Commissioner setting forth the date, time, and place of the meeting, and the persons present shall be retained by the Commission.

§ 504.12 Maintenance of transcripts, recordings, or minutes.

(a) The Commission shall maintain a complete transcript, or electronic recording, adequate to record fully the proceedings, of each meeting or portion of a meeting closed to the public, except that in the case of a meeting or portion thereof closed to the public under § 504.7(a)(2), the Commission may instead maintain a set of minutes.

(b) The minutes shall fully and clearly describe all matters discussed and shall provide a full and accurate summary of any action taken, and the reasons, including a description of each of the views expressed on any items and the record of any roll call vote, reflecting the vote of each commissioner on the question. All documents considered in connection with any action shall be identified in the minutes.

(c) The Commission shall make promptly available to the public in the office of the Executive Director of the Commission, the transcript, electronic recording, or minutes of the discussion of any item on the agenda, except for those items or discussion which the Commission determines to contain information which may be withheld under § 504.7.

(d) Subject to the exemptions in § 504.7, copies of the transcript, minutes, or the transcription of a recording disclosing the identity of each

speaker, will be furnished to any person at the actual cost of duplication or transcription.

(e) The Chief Counsel shall be responsible for determining what information may be withheld and what standards are to be applied in making that determination. Should an individual be denied access to information by a decision of the chief counsel, that individual may file a written appeal with the Commission. The Commission shall issue an order granting or denying the petitioner's appeal. No hearing will be permitted under this appeal. (Sec. 9, 60 Stat. 1051 (25 U.S.C. 70h).)

(f) The Commission shall maintain a complete verbatim copy of the transcript, a complete copy of the minutes, or a complete electronic recording of each meeting, or portion thereof, closed to the public, for at least two years after the meeting, or until one year after the conclusion of any Commission proceeding with respect to which the meeting or portion thereof, was held, whichever occurs later.

§ 504.13 Annual report to Congress.

The Commission shall annually report to Congress regarding its compliance with the Government in the Sunshine Act, 5 U.S.C. 552b. The report must include a tabulation of the total number of Commission meetings open to the public, the total number of meetings closed to the public, the reasons for closing the meetings, and a description of any litigation brought against the Commission under the Act, including any costs assessed against the Commission in such litigation.

§ 504.14 Ex parte communications.

(a) No person outside the Commission shall make or knowingly cause to be made to any Commissioner, Chief

Counsel, staff attorney, or other employee of the Commission, an ex parte communication relevant to the merits of any proceeding before the Commission.

(b) No Commissioner, Chief Counsel, staff attorney, or other employee of the Commission shall make or knowingly cause to be made to any person outside the Commission, an ex parte communication relevant to the merits of any proceeding before the Commission.

(c) Any Commissioner, Chief Counsel, staff attorney, or other employee of the Commission who receives, or who makes or knowingly causes to be made a communication prohibited by this section, shall place on the public record of the proceeding:

(1) All such written communications; (2) Memoranda stating the substance of all such oral communications; and

(3) All written responses, and memoranda stating the substance of all oral responses, to such communications.

(d) Upon receipt of a communication knowingly made or knowingly caused to be made by a party to the proceeding, or by counsel, in violation of this section, the Commission may, to the extent consistent with the interests of justice, require the offending party to show cause why its claim or interest in the proceeding should not be dismissed, denied, or otherwise adversely affected on account of such violation.

(e) A request for a status report on any matter currently before the Commission is not an ex parte communication within the meaning of this section. Questions regarding the status of a case shall be directed to the Clerk of the Commission.

(Sec. 9, 60 Stat. 1501 (25 U.S.C. 70h).)