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e-CFR data is current as of September 21, 2020

Title 25Chapter ISubchapter IPart 224Subpart B → Subject Group


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


Application Consultation Meeting

§224.58   What is an application consultation meeting?

An application consultation meeting is a meeting held at the Tribe's headquarters between the Secretary and the Tribal governing body and any other representatives that the Tribe may designate to discuss the TERA application. The Secretary will designate representatives of appropriate Departmental offices or bureaus to attend the application consultation meeting, as necessary. The Tribe may record the meeting. The meeting will:

(a) Be held at the earliest practicable time after the Secretary receives a Tribe's complete application;

(b) Include a thorough discussion of the Tribe's application;

(c) Identify the specific services consistent with the Secretary's ongoing trust responsibility and available resources that the Department would provide to the Tribe upon the approval of a TERA;

(d) Include a discussion of the relationship of the Tribe to other Federal agencies with responsibilities for implementing or ensuring compliance with the terms and conditions of leases, business agreements, or rights-of-way and applicable Federal laws;

(e) Include a discussion of the relationship of the Tribe to its members, to State and local governments, and to non-Indians who may be affected by approval of a TERA or by leases, business agreements, or rights-of-way that the Tribe may enter into or grant under an approved TERA;

(f) Include a discussion of the Tribal administrative, financial, technical, and managerial capacities needed to carry out the Tribe's obligations under a TERA; and

(g) Include a discussion of the form of the TERA and the timing and relative responsibilities of the parties for its preparation.

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

The Secretary will use the information gathered during the application consultation meeting in conjunction with information provided through §§224.53 and 224.63 to determine whether to recommend any revisions to the proposed TERA.

[84 FR 69612, Dec. 18, 2019]

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

Within 30 days following the meeting with the Tribe, the Secretary will provide to the Designated Tribal Official a written report on the application consultation meeting. The report must include the Secretary's recommendations, if any, for revising the proposed TERA that was submitted as part of the Tribe's application.

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

If the Tribe wishes to proceed with the application, the Tribe must submit a final proposed TERA to the Secretary within 45 days following the date of the Tribe's receipt of the Secretary's report on the application consultation meeting.

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

The final proposed TERA may or may not contain provisions that differ from the original proposed TERA submitted with the application. In either case, the 270-day review period will begin to run on the date the original complete application was received (under §224.57).

[84 FR 69612, Dec. 18, 2019]

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