Title 25, Part 224 — Tribal Energy Resource Agreements Under the Indian Tribal Energy Development and Self Determination Act

What is the purpose of this part?

How will the Secretary interpret and implement this part and the Act?

What definitions apply to this part?

How does the Act or a TERA affect the Secretary's trust responsibility?

When does the Secretary require agreement of more than one Tribe to approve a TERA?

How does the Paperwork Reduction Act affect these regulations?

What is the purpose of this subpart?

What is a pre-application consultation between a Tribe and the Secretary?

What may a Tribe include in a TERA?

What must an application for a TERA contain?

How must a Tribe submit an application?

Is information a Tribe submits throughout the TERA process under this part subject to disclosure to third parties?

What is the effect of the Secretary's receipt of a qualified Tribe's complete application?

What must the Secretary do upon receipt of an application?

What is an application consultation meeting?

How will the Secretary use the results of the application consultation meeting?

What will the Secretary provide to the Tribe after the application consultation meeting?

What will the Tribe provide to the Secretary after receipt of the Secretary's report on the application consultation meeting?

May a final proposed TERA differ from the original proposed TERA?

What provisions must a TERA contain?

How may a Tribe assume management of development of different types of energy resources?

How may a Tribe assume additional activities under a TERA?

How may a Tribe reduce the scope of the TERA?

What must the Secretary do upon the Secretary's receipt of a final proposed TERA?

How will the Secretary use public comments?

Will the Secretary review a proposed TERA under the National Environmental Policy Act?

What standards will the Secretary use to decide to approve a final proposed TERA?

§§ 224.72-224.73 [Reserved]

When must the Secretary approve or disapprove a final proposed TERA?

What must the Secretary do upon approval or disapproval of a final proposed TERA?

Upon notification of disapproval, may a Tribe re-submit a revised final proposed TERA?

Who may appeal the Secretary's decision on a final proposed TERA or a revised final proposed TERA?

How long will a TERA remain in effect?

Will the Secretary make non-expended amounts available to the Tribe?

Under what authority will a Tribe perform activities for energy resource development?

What laws are applicable to activities?

What activities will the Department continue to perform after approval of a TERA?

What must a Tribe do after executing a lease or business agreement, or granting a right-of-way?

When may a Tribe grant a right-of-way?

When may a Tribe enter into a lease or business agreement?

Are there limits on the duration of leases, business agreements, and rights-of-way?

What are the obligations of a Tribe if it discovers a violation or breach?

What must the Secretary do after receiving notice of a violation or breach from the Tribe?

What procedures will the Secretary use to enforce leases, business agreements, or rights-of-way?

May a person or entity ask the Secretary to review a Tribe's compliance with a TERA?

Who is an interested party?

Must a Tribe establish a comment or hearing process for addressing environmental concerns?

Must a Tribe establish other public participation processes?

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?

How may a person or entity obtain copies of Tribal laws, regulations, or procedures that would permit an allegation of noncompliance with a TERA?

If a Tribe has enacted Tribal laws, regulations, or procedures for challenging Tribal action, how must the Tribe respond to a petition?

What must a petitioner do before filing a petition with the Secretary?

May Tribes offer a resolution of a petitioner's claim?

What must a petitioner claim or request in a petition filed with the Secretary?

What must a petition to the Secretary contain?

When may a petitioner file a petition with the Secretary?

What must the Secretary do upon receipt of a petition?

What must the Tribe do after it completes petition consultation with the Secretary?

How may the Tribe address a petition in its written response?

When in the petition process must the Secretary investigate a Tribe's compliance with a TERA?

What is the time period in which the Secretary must investigate a Tribe's compliance with a TERA?

Must the Secretary make a determination of the Tribe's compliance with a TERA?

How must the Tribe respond to the Secretary's notice of the opportunity for a hearing?

What must the Secretary do when making a decision on a petition?

What action may the Secretary take to ensure compliance with a TERA?

How may a Tribe or a petitioner appeal the Secretary's decision about the Tribe's compliance with the TERA?

What is the purpose of this subpart?

What is a periodic review and evaluation?

How does the Secretary conduct a periodic review and evaluation?

What must the Secretary do after a periodic review and evaluation?

How often must the Secretary conduct a periodic review and evaluation?

Under what circumstances may the Secretary conduct additional reviews and evaluations?

How will the Secretary's report address a Tribe's noncompliance?

What must the Secretary do if a Tribe's noncompliance has resulted in harm or the potential for harm to a physical trust asset?

What must the Secretary do if a Tribe's noncompliance has caused imminent jeopardy to a physical trust asset?

What must a Tribe do after receiving a notice of imminent jeopardy to a physical trust asset?

What must the Secretary do if the Tribe fails to respond to or does not comply with the Secretary's order?

What must the Secretary do if the Tribe responds to the Secretary's order?

What is the purpose of this subpart?

When may the Secretary reassume activities?

Must the Secretary always reassume the activities upon a finding of imminent jeopardy to a physical trust asset?

Must the Secretary notify the Tribe of an intent to reassume the authority granted?

What must a notice of intent to reassume include?

When must a Tribe respond to a notice of intent to reassume?

What information must the Tribe's response to the notice of intent to reassume include?

How must the Secretary proceed after receiving the Tribe's response?

What must the Secretary include in a written notice of reassumption?

How will reassumption affect valid existing rights or lawful actions taken before the effective date of the reassumption?

How will reassumption affect a TERA?

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?

What is the purpose of this subpart?

Who may rescind a TERA?

May a Tribe rescind only some of the activities subject to a TERA while retaining a portion of those activities?

How does a Tribe rescind a TERA?

When does a voluntary rescission become effective?

How will rescission affect valid existing rights or lawful actions taken before the rescission?

What is the purpose of this subpart?

Who may appeal Departmental decisions or inaction under this part?

What is the Initial Appeal Process?

What other administrative appeals processes also apply?

How do other administrative appeals processes apply?

When are decisions under this part effective?

What is the purpose of this subpart?

What must an application for certification as a Tribal energy development organization (TEDO) include?

How must a Tribe submit an application for certification of a TEDO?

What must the Secretary do upon receipt of an application for certification as a TEDO?

What criteria will the Secretary use to determine whether to approve an application for certification of a TEDO?

What must the Secretary do upon approval of an application for certification?

What is the effect of a TEDO receiving certification?