Must the Secretary make a determination of the Tribe's compliance with a TERA?
Primary source
Verbatim text below is from the Electronic Code of Federal Regulations (eCFR), a public-domain U.S. government work. Always verify the current version with the eCFR before relying on it for any legal matter.
Full Text
(a) Yes. Upon a finding that one of the threshold determinations in § 224.115 has been met, the Secretary must make a determination of the Tribe's compliance with a TERA within the time period in § 224.116.
(b) If the Secretary determines that the Tribe is in compliance with the TERA, the Secretary will notify the Tribe and the petitioner in writing;
(c) If the Secretary determines that the Tribe is not in compliance with the TERA, the Secretary will notify the Tribe and the petitioner in writing and, in addition, must provide the Tribe:
(1) A written determination that describes the manner in which the TERA has been violated together with a written notice of the violations;
(2) Notice of a reasonable opportunity to comply with the TERA; and
(3) Notice of the Tribe's opportunity for a hearing.
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