(a) A Tribe interested in entering into a TERA should request a pre-application consultation by writing to the Secretary. The request should include the name and contact information for the Designated Tribal Official who will coordinate scheduling with the Secretary.

(b) Upon receiving a pre-application consultation request, the Secretary will contact the Designated Tribal Official within 30 days to schedule a pre-application consultation meeting. The Secretary may also initiate pre-application discussions with the Tribal governing body.

(c) At the pre-application consultation meeting, the Tribe and the Secretary may discuss any of the matters related to a future application including, but not limited to:

(1) The application process;

(2) The potential scope of the Tribe's future application, including any regulatory or administrative activities that the Tribe anticipates exercising;

(3) The required content of an application for a TERA;

(4) The energy resource the Tribe anticipates developing;

(5) The Tribe's capacity to manage and regulate the energy resource development the Tribe identifies;

(6) Potential opportunities for funding capacity-building and other activities related to the energy resource the Tribe anticipates developing under a TERA; and

(7) Any other matters applicable to this part, the Act, and the Tribe.

[73 FR 12821, Mar. 10, 2008, as amended at 84 FR 69611, Dec. 18, 2019]