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.

[73 FR 12821, Mar. 10, 2008, as amended at 84 FR 69613, Dec. 18, 2019]