§ 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)]?

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)].