§224.119. What must the Secretary do when making a decision on a petition?
25 C.F.R. § 224.119
The Secretary must issue a written decision to the Tribe and the petitioner stating the basis for the decision about the Tribe's compliance or noncompliance with the TERA within 30 days following:
A hearing, if the Tribe requested a hearing;
The Tribe's declining the opportunity for a hearing; or
The Tribe's failure to respond to the opportunity for a hearing within 20 days of the Secretary's written notice of the opportunity for a hearing.
If the Secretary decides that the Tribe is not in compliance with the TERA, the Secretary must:
Include findings of fact and conclusions of law with respect to each claim made in the petition in the written decision to the Tribe; and
Take action to ensure compliance with the TERA.
The Secretary will dismiss any petition if the interested party who filed the petition has agreed with the Tribe to a resolution of the claims presented in the petition.
Notes, amendments, and revision history
Amendments
[73 FR 12821, Mar. 10, 2008, as amended at 84 FR 69613, Dec. 18, 2019]
Authority
Authority: 25 U.S.C. 2 and 9; 25 U.S.C. 3501-3504; Pub. L. 109-58; Pub. L. 115-325.
Source
Source: 73 FR 12821, Mar. 10, 2008, unless otherwise noted.
Amendments
[73 FR 12821, Mar. 10, 2008, as amended at 84 FR 69613, Dec. 18, 2019]