1. LawStack
  2. Title 42 - Public Health
  3. Chapter I - PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES
  4. Subchapter M - INDIAN HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES
  5. Part 137 - TRIBAL SELF-GOVERNANCE
  6. Subpart N - Construction
  7. Topic - NEPA Process
  8. 42 CFR § 137.312
42 CFR § 137.312
Who is the proper defendant in a civil enforcement action under section 509(a)(2) of the Act [25 U.S.C. 458aaa-8(a)(2)]?
June 11, 2020
CFR

Only the designated Tribal certifying officer acting in his or her official capacity may be sued. Self-Governance Tribes and other Tribal officials are not proper defendants in lawsuits brought under section 509(a)(2) of the Act [25 U.S.C. 458aaa-8(a)(2)].

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§ 137.311 Are Self-Governance Tribes entitled to determine the nature and scope of the limited immunity waiver required under section 509(a)(2) of the Act [25 U.S.C. 458aaa-8(a)(2)]?

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