25 CFR Part 224
PART 224—TRIBAL ENERGY RESOURCE AGREEMENTS UNDER THE INDIAN TRIBAL ENERGY DEVELOPMENT AND SELF DETERMINATION ACT
- PART 224—TRIBAL ENERGY RESOURCE AGREEMENTS UNDER THE INDIAN TRIBAL ENERGY DEVELOPMENT AND SELF DETERMINATION ACT
- Chapter I—Bureau of Indian Affairs, Department of the Interior › Subchapter I—Energy and Minerals
- 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?
- Pre-application Consultation and the Form of Application
- § 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?
- Processing Applications
- § 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?
- Application Consultation Meeting
- § 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?
- TERA Requirements
- § 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?
- Public Notification and Comment
- § 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?
- §§ 224.72-224.73 [Reserved]
- § 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
- Applicable Authorities and Responsibilities
- § 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?
- Leases, Business Agreements, and Rights-of-Way Under 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?
- Violation or Breach
- § 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?
- Noncompliance
- § 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?
- Notice of Intent To Reassume
- § 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?
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