§ 224.75 - What must the Secretary do upon approval or disapproval of a final proposed TERA?  


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  • § 224.75 What must the Secretary do upon approval or disapproval of a final proposed TERA?

    Within 10 days of the Secretary's approval or disapproval of a final proposed TERA, the Secretary must notify the tribal Tribal governing body in writing and take the following actions:

    If the Secretary's decision is . . . Then the Secretary will . . .
    (a) To approve the final proposed TERA(1) Sign the TERA making it effective on the date of signature, and return the signed TERA to the tribal Tribal governing body; and
    (2) Maintain a copy of the TERA and any subsequent amendments or supplements to the TERA.
    (b) To disapprove the final proposed TERASend the tribe Tribe a notice of disapproval that must include:
    (1) The basis of A detailed written explanation of each reason for the disapproval;
    (2) The changes or other actions required to address each reason for the Secretary's basis for disapproval; and
    (3) An opportunity to revise and resubmit the TERA: and
    (4) A statement that the decision is a final agency action and is subject to judicial review.

    [73 FR 12821, Mar. 10, 2008, as amended at 84 FR 69612, Dec. 18, 2019]