Code of Federal Regulations (Last Updated: July 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 C - Approval of Tribal Energy Resource Agreements |
§ 224.72 - How will the Secretary determine whether a tribe has demonstrated sufficient capacity?
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§ 224.72 How will the Secretary determine whether a tribe has demonstrated sufficient capacity?
The Secretary will determine whether a tribe has demonstrated sufficient capacity under § 224.71 based on the information obtained through the application process. The Secretary will consider:
(a) The specific energy resource development the tribe proposes to regulate;
(b) The scope of the administrative or regulatory activities the tribe seeks to assume;
(c) Materials and information submitted with the application for a TERA, the result of meetings between the tribe and a representative of the Department and the Director's written report;
(d) The history of the tribe's role in energy resource development, including negotiating and approval or disapproval of pre-existing energy-related leases, business agreements, and rights-of-way;
(e) The administrative expertise of the tribe available to regulate energy resource development within the scope of the final proposed TERA or the tribe's plans for establishing that expertise;
(f) The financial capacity of the tribe to maintain or procure the technical expertise needed to evaluate proposals and to monitor anticipated activities in a prudent manner;
(g) The tribe's past performance administering contracts and grants associated with self-determination programs, cooperative agreements with Federal and State agencies, and environmental programs administered by the Environmental Protection Agency;
(h) The tribe's past performance monitoring activities undertaken by third parties under approved leases, business agreements, or rights-of-way; and
(i) Any other factors the Secretary finds to be relevant in light of the scope of the proposed TERA.