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 |
§ 224.75 - What must the Secretary do upon approval or disapproval of a final proposed TERA?
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§ 224.75 What must the Secretary do upon approval or disapproval of a final proposed TERA?
Within 10 days of the Secretary's approval or disapproval of a final proposed TERA, the Secretary must notify the tribal Tribal governing body in writing and take the following actions:
If the Secretary's decision is . . . Then the Secretary will . . . (a) To approve the final proposed TERA (1) Sign the TERA making it effective on the date of signature, and return the signed TERA to the tribal Tribal governing body; and
(2) Maintain a copy of the TERA and any subsequent amendments or supplements to the TERA.(b) To disapprove the final proposed TERA Send the tribe Tribe a notice of disapproval that must include:
(1) The basis of A detailed written explanation of each reason for the disapproval;
(2) The changes or other actions required to address each reason for the Secretary's basis for disapproval; and
(3) An opportunity to revise and resubmit the TERA: and
(4) A statement that the decision is a final agency action and is subject to judicial review.[73 FR 12821, Mar. 10, 2008, as amended at 84 FR 69612, Dec. 18, 2019]