The Director must investigate the petitioner's claims of the tribe's noncompliance with a TERA only after making a threshold determination that:
The tribe has denied or failed to respond to each claim made in the petition within the period under § 224.113(a); or
The tribe has failed, refused, or was unable to cure or otherwise resolve each claim made in the petition within a reasonable period, as determined by the Director, after the expiration of the period in § 224.113(b).
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