---
kind: "section"
citation: "25 C.F.R. § 224.40"
title: "25"
number: "224.40"
heading: "How does the Act or a TERA affect the Secretary's trust responsibility?"
url: "https://uscodex.org/cfr/25/224.40"
---

# §224.40. How does the Act or a TERA affect the Secretary's trust responsibility?

- (a) The Act ([25 U.S.C. 3504(e)(6)](/usc/25/3504.md?p=e-6)) preserves the Secretary's trust responsibilities relating to mineral and other trust resources and requires the Secretary to act in good faith and in the best interest of Indian Tribes.
- (b) Neither the Act nor this part absolves the Secretary of responsibilities to Indian Tribes under the trust relationship, treaties, statutes, regulations, Executive Orders, agreements or other Federal law.
- (c) The Act and this part preserve the Secretary's trust responsibility to ensure that the rights and interests of an Indian Tribe are protected if:
  - (1) Another party to a lease, business agreement, or right-of-way executed under an approved TERA violates any term of the lease, business agreement, or right-of-way, or any applicable Federal law; or
  - (2) Any provision of a lease, business agreement, or right-of-way violates the TERA under which it was executed.
- (d) The United States is not liable for losses to any party (including any Tribe) for any negotiated term of, or any loss resulting from, the negotiated terms of a lease, business agreement, or right-of-way the Tribe executes under a TERA.

## 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.