25 CFR § 224.102 - Must a Tribe establish a comment or hearing process for addressing environmental concerns?
---
identifier: "/us/cfr/t25/s224.102"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 224.102 - Must a Tribe establish a comment or hearing process for addressing environmental concerns?"
title_number: 25
title_name: "Indians"
section_number: "224.102"
section_name: "Must a Tribe establish a comment or hearing process for addressing environmental concerns?"
chapter_name: "BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR"
subchapter_number: "I"
subchapter_name: "ENERGY AND MINERALS"
part_number: "224"
part_name: "TRIBAL ENERGY RESOURCE AGREEMENTS UNDER THE INDIAN TRIBAL ENERGY DEVELOPMENT AND SELF DETERMINATION ACT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "25 U.S.C. 2 and 9; 25 U.S.C. 3501-3504; Pub. L. 109-58; Pub. L. 115-325."
regulatory_source: "73 FR 12821, Mar. 10, 2008, unless otherwise noted."
cfr_part: "224"
---
# 224.102 Must a Tribe establish a comment or hearing process for addressing environmental concerns?
Yes. The Act (25 U.S.C. 3504(e)(2)(C)(iii)(I), (II) and 25 U.S.C. 3504(e)(2)(B)(iii)(X)) and subpart B of this part require a Tribe to establish an environmental review process under a TERA that:
(a) Ensures that the public is notified about and has an opportunity to comment on the environmental impacts of proposed Tribal action to be taken under a TERA;
(b) Requires that the Tribe respond to relevant and substantive comments about the environmental impacts of a proposed Tribal action before the Tribe approves a lease, business agreement, or right-of-way; and
(c) Provides for a process for consultation with any affected States regarding off-reservation environmental impacts, if any, resulting from approval of a lease, business agreement, or right-of-way.