---
kind: "section"
citation: "25 C.F.R. § 224.185"
title: "25"
number: "224.185"
heading: "When are decisions under this part effective?"
url: "https://uscodex.org/cfr/25/224.185"
---

# §224.185. When are decisions under this part effective?


Decisions under subpart I are effective as follows:

- (a) Decisions of the Secretary disapproving a final proposed TERA or a revised final proposed TERA under subpart C of this part, a finding of imminent jeopardy to a physical trust asset under subpart F of this part, and decisions by the Secretary or the Assistant Secretary—Indian Affairs to reassume activities under subpart G of this part are final for the Department. These decisions and findings are effective upon issuance.
- (b) Decisions under this part, other than those in [paragraph (a)](#a) of this section, that adversely affect a Tribe and for which an appeal is pending are not final for the Department and are not effective while the appeal is pending, unless:
  - (1) The Tribe had an opportunity for a hearing before the decision was issued;
  - (2) The Tribe had a reasonable amount of time to comply with the TERA after the decision was issued; and
  - (3) **The Interior Board of Indian Appeals (Board), the Secretary, or Assistant Secretary—** Indian Affairs issued a written decision that, notwithstanding a reasonable period given the Tribe to comply with the TERA, the Tribe has failed to take the actions necessary to comply with the TERA.
- (c) **All other decisions rendered by the Board or the Assistant Secretary—** Indian Affairs in an appeal from a Secretary's decision under subparts E, F, or G of this part are effective when issued.

## Notes

### 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.