Code of Federal Regulations (Last Updated: April 5, 2024) |
Title 25 - Indians |
Chapter I - Bureau of Indian Affairs, Department of the Interior |
SubChapter I - Energy and Minerals |
Part 224 - Tribal Energy Resource Agreements Under the Indian Tribal Energy Development and Self Determination Act |
Subpart B - Procedures for Obtaining Tribal Energy Resource Agreements |
Processing Applications |
§ 224.57 - What must the Secretary do upon receipt of an application?
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§ 224.57 What must the Director Secretary do upon receipt of an application?
(a) Upon receiving an application for a TERA, the Director Secretary must:
(1) Promptly notify the Designated Tribal Official in writing that the Director Secretary has received the application and the date it was received;
(2) Within 30 days from the date of receiving the application, determine whether the application is complete; and
(3) Take the following actions:
If the Director Secretary determines that . . . Then the Director Secretary must . . . (i) The application is complete (A) Issue a written notice and a request for an application consultation meeting to the Designated Tribal Official; and
(B) Identify in the written notice any financial assistance available from the Secretary to assist in implementing the TERA, including environmental review of individual projects; and
(C) If appropriate, notify other Departmental bureaus and offices of receiving the application and provide copies.(ii) The application is not complete (A) Issue a written notice to the Designated Tribal Official that the application is not complete;
(B) Specify the additional information the tribe Tribe is required to submit to make the application complete; and
(C) Start the 270-day review period only when the Director Secretary receives a complete application.(b) Unless the Director Secretary notifies the Designated Tribal Official during the 30-day review period that the application is not complete, the application is presumed to be complete and the 270-day review period under 25 U.S.C. 3504(e)(2)(A) of the Act will begin as of the date that the application was received.
[73 FR 12821, Mar. 10, 2008, as amended at 84 FR 69611, Dec. 18, 2019]