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e-CFR data is current as of September 23, 2020

Title 25Chapter ISubchapter IPart 224Subpart D → Subject Group


Title 25: Indians
PART 224—TRIBAL ENERGY RESOURCE AGREEMENTS UNDER THE INDIAN TRIBAL ENERGY DEVELOPMENT AND SELF DETERMINATION ACT
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?

A Tribe will perform activities for energy resource development activities undertaken under a TERA under the Federal authorities provided in the approved TERA. Notwithstanding anything in this part or an approved TERA to the contrary, a Tribe will retain all sovereign and other powers it otherwise possesses.

[73 FR 12821, Mar. 10, 2008, as amended at 84 FR 69613, Dec. 18, 2019]

§224.81   What laws are applicable to activities?

Federal and Tribal laws apply to activities under a TERA, unless otherwise specified in the TERA.

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

After approval of a TERA, the Department will provide a Tribe:

(a) All activities that the Department performs unless the Tribe has assumed such activities under the TERA;

(b) Access to title status information and support services needed by a Tribe in the course of evaluating proposals for leases, business agreements, or rights-of-way;

(c) Coordination between the Tribe and the Department for ongoing maintenance of accurate real property records;

(d) Access to technical support services within the Department to assist the Tribe in evaluating the physical, economic, financial, cultural, social, environmental, and legal consequences of approving proposals for leases, business agreements, or rights-of-way under a TERA; and

(e) Assistance to ensure that third-party violations or breaches of the terms of leases, business agreements, or rights-of-way or applicable provisions of Federal law by third parties are handled appropriately.

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