Part 224 — Tribal Energy Resource Agreements Under the Indian Tribal Energy Development and Self Determination Act
Subpart A — General Provisions
- § 224.10— What is the purpose of this part?
- § 224.20— How will the Secretary interpret and implement this part and the Act?
- § 224.30— What definitions apply to this part?
- § 224.40— How does the Act or a TERA affect the Secretary's trust responsibility?
- § 224.41— When does the Secretary require agreement of more than one Tribe to approve a TERA?
- § 224.42— How does the Paperwork Reduction Act affect these regulations?
Subpart B — Procedures for Obtaining Tribal Energy Resource Agreements
- § 224.50— What is the purpose of this subpart?
- § 224.51— What is a pre-application consultation between a Tribe and the Secretary?
- § 224.52— What may a Tribe include in a TERA?
- § 224.53— What must an application for a TERA contain?
- § 224.54— How must a Tribe submit an application?
- § 224.55— Is information a Tribe submits throughout the TERA process under this part subject to disclosure to third parties?
- § 224.56— What is the effect of the Secretary's receipt of a qualified Tribe's complete application?
- § 224.57— What must the Secretary do upon receipt of an application?
- § 224.58— What is an application consultation meeting?
- § 224.59— How will the Secretary use the results of the application consultation meeting?
- § 224.60— What will the Secretary provide to the Tribe after the application consultation meeting?
- § 224.61— What will the Tribe provide to the Secretary after receipt of the Secretary's report on the application consultation meeting?
- § 224.62— May a final proposed TERA differ from the original proposed TERA?
- § 224.63— What provisions must a TERA contain?
- § 224.64— How may a Tribe assume management of development of different types of energy resources?
- § 224.65— How may a Tribe assume additional activities under a TERA?
- § 224.66— How may a Tribe reduce the scope of the TERA?
- § 224.67— What must the Secretary do upon the Secretary's receipt of a final proposed TERA?
- § 224.68— How will the Secretary use public comments?
Subpart C — Approval of Tribal Energy Resource Agreements
- § 224.70— Will the Secretary review a proposed TERA under the National Environmental Policy Act?
- § 224.71— What standards will the Secretary use to decide to approve a final proposed TERA?
- § 224.74— When must the Secretary approve or disapprove a final proposed TERA?
- § 224.75— What must the Secretary do upon approval or disapproval of a final proposed TERA?
- § 224.76— Upon notification of disapproval, may a Tribe re-submit a revised final proposed TERA?
- § 224.77— Who may appeal the Secretary's decision on a final proposed TERA or a revised final proposed TERA?
- § 224.78— How long will a TERA remain in effect?
- § 224.79— Will the Secretary make non-expended amounts available to the Tribe?
Subpart D — Implementation of Tribal Energy Resource Agreements
- § 224.80— Under what authority will a Tribe perform activities for energy resource development?
- § 224.81— What laws are applicable to activities?
- § 224.82— What activities will the Department continue to perform after approval of a TERA?
- § 224.83— What must a Tribe do after executing a lease or business agreement, or granting a right-of-way?
- § 224.84— When may a Tribe grant a right-of-way?
- § 224.85— When may a Tribe enter into a lease or business agreement?
- § 224.86— Are there limits on the duration of leases, business agreements, and rights-of-way?
- § 224.87— What are the obligations of a Tribe if it discovers a violation or breach?
- § 224.88— What must the Secretary do after receiving notice of a violation or breach from the Tribe?
- § 224.89— What procedures will the Secretary use to enforce leases, business agreements, or rights-of-way?
Subpart E — Interested Party Petitions
- § 224.100— May a person or entity ask the Secretary to review a Tribe's compliance with a TERA?
- § 224.101— Who is an interested party?
- § 224.102— Must a Tribe establish a comment or hearing process for addressing environmental concerns?
- § 224.103— Must a Tribe establish other public participation processes?
- § 224.104— Must a Tribe enact Tribal laws, regulations, or procedures permitting a person or entity to allege that a Tribe is not complying with a TERA?
- § 224.105— How may a person or entity obtain copies of Tribal laws, regulations, or procedures that would permit an allegation of noncompliance with a TERA?
- § 224.106— If a Tribe has enacted Tribal laws, regulations, or procedures for challenging Tribal action, how must the Tribe respond to a petition?
- § 224.107— What must a petitioner do before filing a petition with the Secretary?
- § 224.108— May Tribes offer a resolution of a petitioner's claim?
- § 224.109— What must a petitioner claim or request in a petition filed with the Secretary?
- § 224.110— What must a petition to the Secretary contain?
- § 224.111— When may a petitioner file a petition with the Secretary?
- § 224.112— What must the Secretary do upon receipt of a petition?
- § 224.113— What must the Tribe do after it completes petition consultation with the Secretary?
- § 224.114— How may the Tribe address a petition in its written response?
- § 224.115— When in the petition process must the Secretary investigate a Tribe's compliance with a TERA?
- § 224.116— What is the time period in which the Secretary must investigate a Tribe's compliance with a TERA?
- § 224.117— Must the Secretary make a determination of the Tribe's compliance with a TERA?
- § 224.118— How must the Tribe respond to the Secretary's notice of the opportunity for a hearing?
- § 224.119— What must the Secretary do when making a decision on a petition?
- § 224.120— What action may the Secretary take to ensure compliance with a TERA?
- § 224.121— How may a Tribe or a petitioner appeal the Secretary's decision about the Tribe's compliance with the TERA?
Subpart F — Periodic Reviews
- § 224.130— What is the purpose of this subpart?
- § 224.131— What is a periodic review and evaluation?
- § 224.132— How does the Secretary conduct a periodic review and evaluation?
- § 224.133— What must the Secretary do after a periodic review and evaluation?
- § 224.134— How often must the Secretary conduct a periodic review and evaluation?
- § 224.135— Under what circumstances may the Secretary conduct additional reviews and evaluations?
- § 224.136— How will the Secretary's report address a Tribe's noncompliance?
- § 224.137— What must the Secretary do if a Tribe's noncompliance has resulted in harm or the potential for harm to a physical trust asset?
- § 224.138— What must the Secretary do if a Tribe's noncompliance has caused imminent jeopardy to a physical trust asset?
- § 224.139— What must a Tribe do after receiving a notice of imminent jeopardy to a physical trust asset?
- § 224.140— What must the Secretary do if the Tribe fails to respond to or does not comply with the Secretary's order?
- § 224.141— What must the Secretary do if the Tribe responds to the Secretary's order?
Subpart G — Reassumption
- § 224.150— What is the purpose of this subpart?
- § 224.151— When may the Secretary reassume activities?
- § 224.152— Must the Secretary always reassume the activities upon a finding of imminent jeopardy to a physical trust asset?
- § 224.153— Must the Secretary notify the Tribe of an intent to reassume the authority granted?
- § 224.154— What must a notice of intent to reassume include?
- § 224.155— When must a Tribe respond to a notice of intent to reassume?
- § 224.156— What information must the Tribe's response to the notice of intent to reassume include?
- § 224.157— How must the Secretary proceed after receiving the Tribe's response?
- § 224.158— What must the Secretary include in a written notice of reassumption?
- § 224.159— How will reassumption affect valid existing rights or lawful actions taken before the effective date of the reassumption?
- § 224.160— How will reassumption affect a TERA?
- § 224.161— How may reassumption affect the Tribe's ability to enter into a new TERA or to modify another TERA to administer additional activities or to assume administration of activities that the Secretary previously reassumed?
Subpart H — Rescission
- § 224.170— What is the purpose of this subpart?
- § 224.171— Who may rescind a TERA?
- § 224.172— May a Tribe rescind only some of the activities subject to a TERA while retaining a portion of those activities?
- § 224.173— How does a Tribe rescind a TERA?
- § 224.174— When does a voluntary rescission become effective?
- § 224.175— How will rescission affect valid existing rights or lawful actions taken before the rescission?
Subpart I — General Appeal Procedures
- § 224.180— What is the purpose of this subpart?
- § 224.181— Who may appeal Departmental decisions or inaction under this part?
- § 224.182— What is the Initial Appeal Process?
- § 224.183— What other administrative appeals processes also apply?
- § 224.184— How do other administrative appeals processes apply?
- § 224.185— When are decisions under this part effective?
Subpart J — Alternative to TERAs: Tribal Energy Development Organization (TEDO) Certification
- § 224.200— What is the purpose of this subpart?
- § 224.201— What must an application for certification as a Tribal energy development organization (TEDO) include?
- § 224.202— How must a Tribe submit an application for certification of a TEDO?
- § 224.203— What must the Secretary do upon receipt of an application for certification as a TEDO?
- § 224.204— What criteria will the Secretary use to determine whether to approve an application for certification of a TEDO?
- § 224.205— What must the Secretary do upon approval of an application for certification?
- § 224.206— What is the effect of a TEDO receiving certification?