(a) A petitioner may file a petition with the Secretary:

(1) By delivering the petition to the Secretary within 30 days of receiving the Tribe's final written decision addressing the allegation of noncompliance under applicable Tribal laws, regulations, or procedures;

(2) Within a reasonable period following the Tribe's constructive denial of the petition under § 224.106(c), and the Secretary will determine if the petition is timely in light of the applicable facts and circumstances; or

(3) The Tribe did not respond to the petitioner's request for copies of any Tribal laws, regulations, or procedures under § 224.105(a).

(b) A petitioner may file a petition directly with the Secretary if the Tribe has no Tribal laws, regulations or procedures that provide the petitioner an opportunity to allege Tribal noncompliance with a TERA.