---
kind: "section"
citation: "25 C.F.R. § 224.119"
title: "25"
number: "224.119"
heading: "What must the Secretary do when making a decision on a petition?"
url: "https://uscodex.org/cfr/25/224.119"
---

# §224.119. What must the Secretary do when making a decision on a petition?

- (a) 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:
  - (1) A hearing, if the Tribe requested a hearing;
  - (2) The Tribe's declining the opportunity for a hearing; or
  - (3) 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.
- (b) If the Secretary decides that the Tribe is not in compliance with the TERA, the Secretary must:
  - (1) 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
  - (2) **Take action to ensure compliance with the TERA.**
- (c) 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

[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]