§ 224.57 - What must the Secretary do upon receipt of an application?


Latest version.
  • § 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]