# 25 CFR § 224.40: How does the Act or a TERA affect the Secretary's trust responsibility?

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-25-224.40

## Section

- **Citation:** 25 CFR § 224.40
- **Heading:** How does the Act or a TERA affect the Secretary's trust responsibility?
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 25—Indians > CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR > SUBCHAPTER I—ENERGY AND MINERALS > PART 224—TRIBAL ENERGY RESOURCE AGREEMENTS UNDER THE INDIAN TRIBAL ENERGY DEVELOPMENT AND SELF DETERMINATION ACT > Subpart A—General Provisions

## Text

(a) The Act (25 U.S.C. 3504(e)(6)) preserves the Secretary's trust responsibilities relating to mineral and other trust resources and requires the Secretary to act in good faith and in the best interest of Indian Tribes.
(b) Neither the Act nor this part absolves the Secretary of responsibilities to Indian Tribes under the trust relationship, treaties, statutes, regulations, Executive Orders, agreements or other Federal law.
(c) The Act and this part preserve the Secretary's trust responsibility to ensure that the rights and interests of an Indian Tribe are protected if:
(1) Another party to a lease, business agreement, or right-of-way executed under an approved TERA violates any term of the lease, business agreement, or right-of-way, or any applicable Federal law; or
(2) Any provision of a lease, business agreement, or right-of-way violates the TERA under which it was executed.
(d) The United States is not liable for losses to any party (including any Tribe) for any negotiated term of, or any loss resulting from, the negotiated terms of a lease, business agreement, or right-of-way the Tribe executes under a TERA.

## Nearby sections

- [25 CFR § 224.10 § 224.10 What is the purpose of this part?](https://www.frixlaw.com/law-library/statutes/ecfr-25-224.10.md)
- [25 CFR § 224.20 § 224.20 How will the Secretary interpret and implement this part and the Act?](https://www.frixlaw.com/law-library/statutes/ecfr-25-224.20.md)
- [25 CFR § 224.30 § 224.30 What definitions apply to this part?](https://www.frixlaw.com/law-library/statutes/ecfr-25-224.30.md)
- [25 CFR § 224.40 § 224.40 How does the Act or a TERA affect the Secretary's trust responsibility?](https://www.frixlaw.com/law-library/statutes/ecfr-25-224.40.md)
- [25 CFR § 224.41 § 224.41 When does the Secretary require agreement of more than one Tribe to approve a TERA?](https://www.frixlaw.com/law-library/statutes/ecfr-25-224.41.md)
- [25 CFR § 224.42 § 224.42 How does the Paperwork Reduction Act affect these regulations?](https://www.frixlaw.com/law-library/statutes/ecfr-25-224.42.md)
- [25 CFR § 224.50 § 224.50 What is the purpose of this subpart?](https://www.frixlaw.com/law-library/statutes/ecfr-25-224.50.md)
- [25 CFR § 224.70 § 224.70 Will the Secretary review a proposed TERA under the National Environmental Policy Act?](https://www.frixlaw.com/law-library/statutes/ecfr-25-224.70.md)
- [25 CFR § 224.71 § 224.71 What standards will the Secretary use to decide to approve a final proposed TERA?](https://www.frixlaw.com/law-library/statutes/ecfr-25-224.71.md)
- [25 CFR § 224.74 § 224.74 When must the Secretary approve or disapprove a final proposed TERA?](https://www.frixlaw.com/law-library/statutes/ecfr-25-224.74.md)
- [25 CFR § 224.75 § 224.75 What must the Secretary do upon approval or disapproval of a final proposed TERA?](https://www.frixlaw.com/law-library/statutes/ecfr-25-224.75.md)
- [25 CFR § 224.76 § 224.76 Upon notification of disapproval, may a Tribe re-submit a revised final proposed TERA?](https://www.frixlaw.com/law-library/statutes/ecfr-25-224.76.md)
- [25 CFR § 224.77 § 224.77 Who may appeal the Secretary's decision on a final proposed TERA or a revised final proposed TERA?](https://www.frixlaw.com/law-library/statutes/ecfr-25-224.77.md)
- [25 CFR § 224.78 § 224.78 How long will a TERA remain in effect?](https://www.frixlaw.com/law-library/statutes/ecfr-25-224.78.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-25-224.40. Check the current official text before relying on it. Not legal advice.