224.76—Upon notification of disapproval, may a tribe re-submit a revised final proposed TERA?
Yes, within 45 days of receiving the notice of disapproval, or a later date as the Secretary and the tribe agree to in writing, the tribe may re-submit a revised final proposed TERA, approved by the tribal governing body and signed by the tribe's authorized representative, to the Director that addresses the Secretary's concerns. Unless the Secretary and the tribe otherwise agree, the Secretary must approve or disapprove the revised final proposed TERA within 60 days of the Director's receipt of the revised final proposed TERA. Within 10 days of the Secretary's approval or disapproval of a revised 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 revised 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 revised final proposed TERA | Send the tribe a notice of disapproval that must include:(1) The reasons for the disapproval; and (2) A statement that the decision is a final agency action and is subject to judicial review. |