Section 1000.392 - How does the Freedom of Information Act apply?(a) Access to records maintained by the Secretary is governed by the Freedom of Information Act (5 U.S.C. 552 ) and other applicable Federal law.(b) At the option of the Tribe/Consortium under section 108 of the Pub. L. 93-638 , except for previously provided copies of Tribe/Consortium records that the Secretary demonstrates are clearly required to be maintained as part of the record keeping system of the Department of the Interior, records of the Tribe/Consortium shall not be considered Federal records for the purpose of the Freedom of Information Act.(c) The Freedom of Information Act does not apply to records maintained solely by Tribes/Consortia.