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e-CFR data is current as of September 22, 2020

Title 25Chapter ISubchapter IPart 224Subpart B → §224.57


Title 25: Indians
PART 224—TRIBAL ENERGY RESOURCE AGREEMENTS UNDER THE INDIAN TRIBAL ENERGY DEVELOPMENT AND SELF DETERMINATION ACT
Subpart B—Procedures for Obtaining Tribal Energy Resource Agreements


§224.57   What must the Secretary do upon receipt of an application?

(a) Upon receiving an application for a TERA, the Secretary must:

(1) Promptly notify the Designated Tribal Official in writing that the Secretary has received the application and the date it was received;

(2) Within 30 days from the date of receiving the application, determine whether the application is complete; and

(3) Take the following actions:

If the Secretary determines that . . .Then the Secretary must . . .
(i) The application is complete(A) Issue a written notice and a request for an application consultation meeting to the Designated Tribal Official; and
(B) Identify in the written notice any financial assistance available from the Secretary to assist in implementing the TERA, including environmental review of individual projects; and
(C) If appropriate, notify other Departmental bureaus and offices of receiving the application and provide copies.
(ii) The application is not complete(A) Issue a written notice to the Designated Tribal Official that the application is not complete;
(B) Specify the additional information the Tribe is required to submit to make the application complete; and
(C) Start the 270-day review period only when the Secretary receives a complete application.

(b) Unless the Secretary notifies the Designated Tribal Official during the 30-day review period that the application is not complete, the application is presumed to be complete and the 270-day review period under 25 U.S.C. 3504(e)(2)(A) of the Act will begin as of the date that the application was received.

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

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