§ 224.110 - What must a petition to the Secretary contain?  


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  • § 224.110 What must a petition to the Secretary contain?

    A petition must contain:

    (a) The petitioner's name and contact information;

    (b) Specific facts demonstrating that the petitioner is an interested party under § 224.101, including identification of the affected interest;

    (c) Specific facts demonstrating that the petitioner exhausted tribal Tribal remedies, if tribal Tribal laws, regulations, or procedures permitted the petitioner to allege tribal Tribal noncompliance with a TERA;

    (d) A description of facts supporting the petitioner's allegation of the tribeTribe's noncompliance with a TERA;

    (e) A description of the adverse environmental impact that the petitioner's interest has sustained or will sustain because of the tribeTribe's alleged noncompliance with the TERA;

    (f) A copy of any written decision the tribe Tribe issued responding to the petitioner's claims;

    (g) If applicable, a statement that the tribe Tribe has issued no written decision within a reasonable time related to a claim a petitioner has filed with the tribe Tribe under applicable tribal Tribal laws, regulations, or procedures;

    (h) If applicable, a statement and supporting documentation that the tribe Tribe did not respond to the petitioner's request under § 224.105(a) for copies of any tribal Tribal laws, regulations, or procedures allowing the petitioner to allege that the tribe Tribe is not complying with a TERA; and

    (i) Any other information relevant to the petition.

    [73 FR 12821, Mar. 10, 2008, as amended at 84 FR 69613, Dec. 18, 2019]