Within 10 days of the Secretary's approval or disapproval of a final proposed TERA, the Secretary must notify the 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 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 TERA | Send the Tribe a notice of disapproval that must include: (1) 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 disapproval; (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. |
25 C.F.R. §224.75