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Code of Federal Regulations (Last Updated: April 5, 2024) |
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Title 25 - Indians |
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Chapter I - Bureau of Indian Affairs, Department of the Interior |
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SubChapter I - Energy and Minerals |
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Part 224 - Tribal Energy Resource Agreements Under the Indian Tribal Energy Development and Self Determination Act |
Part 224 - Tribal Energy Resource Agreements Under the Indian Tribal Energy Development and Self Determination Act
| Subpart A - General Provisions |
| § 224.10 - What is the purpose of this part? |
| § 224.20 - How will the Secretary interpret and implement this part and the Act? |
| § 224.30 - What definitions apply to this part? |
| § 224.40 - How does the Act or a TERA affect the Secretary's trust responsibility? |
| § 224.41 - When does the Secretary require agreement of more than one tribe to approve a TERA? |
| § 224.42 - How does the Paperwork Reduction Act affect these regulations? |
| Subpart B - Procedures for Obtaining Tribal Energy Resource Agreements |
| § 224.50 - What is the purpose of this subpart? |
| Pre-Application Consultation and the Form of Application |
| § 224.51 - What is a pre-application consultation between a Tribe and the Secretary? |
| § 224.52 - What may a tribe include in a TERA? |
| § 224.53 - What must an application for a TERA contain? |
| Application Consultation Meeting |
| § 224.58 - What is an application consultation meeting? |
| § 224.59 - How will the Secretary use the results of the application consultation meeting? |
| § 224.60 - What will the Secretary provide to the Tribe after the application consultation meeting? |
| § 224.61 - What will the Tribe provide to the Secretary after receipt of the Secretary's report on the application consultation meeting? |
| § 224.62 - May a final proposed TERA differ from the original proposed TERA? |
| Processing Applications |
| § 224.54 - How must a tribe submit an application? |
| § 224.55 - Is information a tribe submits throughout the TERA process under this part subject to disclosure to third parties? |
| § 224.56 - What is the effect of the Secretary's receipt of a qualified Tribe's complete application? |
| § 224.57 - What must the Secretary do upon receipt of an application? |
| TERA Requirements |
| § 224.63 - What provisions must a TERA contain? |
| § 224.64 - How may a tribe assume management of development of different types of energy resources? |
| § 224.65 - How may a tribe assume additional activities under a TERA? |
| § 224.66 - How may a tribe reduce the scope of the TERA? |
| Public Notification and Comment |
| § 224.67 - What must the Secretary do upon the Secretary's receipt of a final proposed TERA? |
| § 224.68 - How will the Secretary use public comments? |
| Subpart C - Approval of Tribal Energy Resource Agreements |
| § 224.70 - Will the Secretary review a proposed TERA under the National Environmental Policy Act? |
| § 224.71 - What standards will the Secretary use to decide to approve a final proposed TERA? |
| § 224.72 - How will the Secretary determine whether a tribe has demonstrated sufficient capacity? |
| § 224.73 - How will the scope of energy resource development affect the Secretary's determination of the tribe's capacity? |
| § 224.74 - When must the Secretary approve or disapprove a final proposed TERA? |
| § 224.75 - What must the Secretary do upon approval or disapproval of a final proposed TERA? |
| § 224.76 - Upon notification of disapproval, may a tribe re-submit a revised final proposed TERA? |
| § 224.77 - Who may appeal the Secretary's decision on a final proposed TERA or a revised final proposed TERA? |
| § 224.78 - How long will a TERA remain in effect? |
| § 224.79 - Will the Secretary make non-expended amounts available to the Tribe? |
| §§ 224.72--224.73 - [Reserved] |
| Subpart D - Implementation of Tribal Energy Resource Agreements |
| Applicable Authorities and Responsibilities |
| § 224.80 - Under what authority will a tribe perform activities for energy resource development? |
| § 224.81 - What laws are applicable to activities? |
| § 224.82 - What activities will the Department continue to perform after approval of a TERA? |
| Violation or Breach |
| § 224.87 - What are the obligations of a tribe if it discovers a violation or breach? |
| § 224.88 - What must the Secretary do after receiving notice of a violation or breach from the Tribe? |
| § 224.89 - What procedures will the Secretary use to enforce leases, business agreements, or rights-of-way? |
| Leases, Business Agreements, and Rights-of-Way Under a TERA |
| § 224.83 - What must a tribe do after executing a lease or business agreement, or granting a right-of-way? |
| § 224.84 - When may a tribe grant a right-of-way? |
| § 224.85 - When may a tribe enter into a lease or business agreement? |
| § 224.86 - Are there limits on the duration of leases, business agreements, and rights-of-way? |
| Subpart E - Interested Party Petitions |
| § 224.100 - May a person or entity ask the Secretary to review a tribe's compliance with a TERA? |
| § 224.101 - Who is an interested party? |
| § 224.102 - Must a tribe establish a comment or hearing process for addressing environmental concerns? |
| § 224.103 - Must a tribe establish other public participation processes? |
| § 224.104 - Must a tribe enact tribal laws, regulations, or procedures permitting a person or entity to allege that a tribe is not complying with a TERA? |
| § 224.105 - How may a person or entity obtain copies of tribal laws, regulations, or procedures that would permit an allegation of noncompliance with a TERA? |
| § 224.106 - If a tribe has enacted tribal laws, regulations, or procedures for challenging tribal action, how must the tribe respond to a petition? |
| § 224.107 - What must a petitioner do before filing a petition with the Secretary? |
| § 224.108 - May tribes offer a resolution of a petitioner's claim? |
| § 224.109 - What must a petitioner claim or request in a petition filed with the Secretary? |
| § 224.110 - What must a petition to the Secretary contain? |
| § 224.111 - When may a petitioner file a petition with the Secretary? |
| § 224.112 - What must the Secretary do upon receipt of a petition? |
| § 224.113 - What must the Tribe do after it completes petition consultation with the Secretary? |
| § 224.114 - How may the tribe address a petition in its written response? |
| § 224.115 - When in the petition process must the Secretary investigate a Tribe's compliance with a TERA? |
| § 224.116 - What is the time period in which the Secretary must investigate a Tribe's compliance with a TERA? |
| § 224.117 - Must the Secretary make a determination of the Tribe's compliance with a TERA? |
| § 224.118 - How must the Tribe respond to the Secretary's notice of the opportunity for a hearing? |
| § 224.119 - What must the Secretary do when making a decision on a petition? |
| § 224.120 - What action may the Secretary take to ensure compliance with a TERA? |
| § 224.121 - How may a Tribe or a petitioner appeal the Secretary's decision about the Tribe's compliance with the TERA? |
| Subpart F - Periodic Reviews |
| § 224.130 - What is the purpose of this subpart? |
| § 224.131 - What is a periodic review and evaluation? |
| § 224.132 - How does the Secretary conduct a periodic review and evaluation? |
| § 224.133 - What must the Secretary do after a periodic review and evaluation? |
| § 224.134 - How often must the Secretary conduct a periodic review and evaluation? |
| § 224.135 - Under what circumstances may the Secretary conduct additional reviews and evaluations? |
| Noncompliance |
| § 224.136 - How will the Secretary's report address a Tribe's noncompliance? |
| § 224.137 - What must the Secretary do if a Tribe's noncompliance has resulted in harm or the potential for harm to a physical trust asset? |
| § 224.138 - What must the Secretary do if a Tribe's noncompliance has caused imminent jeopardy to a physical trust asset? |
| § 224.139 - What must a tribe do after receiving a notice of imminent jeopardy to a physical trust asset? |
| § 224.140 - What must the Secretary do if the Tribe fails to respond to or does not comply with the Secretary's order? |
| § 224.141 - What must the Secretary do if the Tribe responds to the Secretary's order? |
| Subpart G - Reassumption |
| § 224.150 - What is the purpose of this subpart? |
| § 224.151 - When may the Secretary reassume activities? |
| § 224.152 - Must the Secretary always reassume the activities upon a finding of imminent jeopardy to a physical trust asset? |
| Notice of Intent to Reassume |
| § 224.153 - Must the Secretary notify the tribe of an intent to reassume the authority granted? |
| § 224.154 - What must a notice of intent to reassume include? |
| § 224.155 - When must a tribe respond to a notice of intent to reassume? |
| § 224.156 - What information must the tribe's response to the notice of intent to reassume include? |
| § 224.157 - How must the Secretary proceed after receiving the tribe's response? |
| § 224.158 - What must the Secretary include in a written notice of reassumption? |
| § 224.159 - How will reassumption affect valid existing rights or lawful actions taken before the effective date of the reassumption? |
| § 224.160 - How will reassumption affect a TERA? |
| Subpart H - Rescission |
| § 224.170 - What is the purpose of this subpart? |
| § 224.171 - Who may rescind a TERA? |
| § 224.172 - May a tribe rescind only some of the activities subject to a TERA while retaining a portion of those activities? |
| § 224.173 - How does a tribe rescind a TERA? |
| § 224.174 - When does a voluntary rescission become effective? |
| § 224.175 - How will rescission affect valid existing rights or lawful actions taken before the rescission? |
| Subpart I - General Appeal Procedures |
| § 224.180 - What is the purpose of this subpart? |
| § 224.181 - Who may appeal Departmental decisions or inaction under this part? |
| § 224.182 - What is the Initial Appeal Process? |
| § 224.183 - What other administrative appeals processes also apply? |
| § 224.184 - How do other administrative appeals processes apply? |
| § 224.185 - When are decisions under this part effective? |
| Subpart J - Alternative to TERAs: Tribal Energy Development Organization (TEDO) Certification |
| § 224.200 - What is the purpose of this subpart? |
| § 224.201 - What must an application for certification as a Tribal energy development organization (TEDO) include? |
| § 224.202 - How must a Tribe submit an application for certification of a TEDO? |
| § 224.203 - What must the Secretary do upon receipt of an application for certification as a TEDO? |
| § 224.204 - What criteria will the Secretary use to determine whether to approve an application for certification of a TEDO? |
| § 224.205 - What must the Secretary do upon approval of an application for certification? |
| § 224.206 - What is the effect of a TEDO receiving certification? |