---
kind: "section"
citation: "42 C.F.R. § 137.312"
title: "42"
number: "137.312"
heading: "Who is the proper defendant in a civil enforcement action under section 509(a)(2) of the Act [25 U.S.C. 458aaa-8(a)(2)]?"
url: "https://uscodex.org/cfr/42/137.312"
---

# §137.312. Who is the proper defendant in a civil enforcement action under section 509(a)(2) of the Act [25 U.S.C. 458aaa-8(a)(2)]?


Only the designated Tribal certifying officer acting in his or her official capacity may be sued. Self-Governance Tribes and other Tribal officials are not proper defendants in lawsuits brought under section 509(a)(2) of the Act [[25 U.S.C. 458aaa-8(a)(2)](/usc/25/458aaa-8.md?p=a-2)].


## Notes

### Authority

Authority: 25 U.S.C. 458 et seq.

### Source

Source: 67 FR 35342, May 17, 2002, unless otherwise noted.