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e-CFR data is current as of September 24, 2020

Title 25Chapter ISubchapter IPart 224 → Subpart H


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


Subpart H—Rescission


Contents
§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?

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§224.170   What is the purpose of this subpart?

This subpart explains the process and requirements under which a Tribe may rescind a TERA and therefore return to the Secretary all authority and activities assumed under that TERA.

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§224.171   Who may rescind a TERA?

Only a Tribe may rescind a TERA.

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§224.172   May a Tribe rescind only some of the activities subject to a TERA while retaining a portion of those activities?

No. A Tribe may only rescind a TERA in its entirety, including the authority to approve leases, business agreements and grant rights-of-way for specific energy resource development, not some of the authority or activities subject to the TERA.

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§224.173   How does a Tribe rescind a TERA?

To rescind a TERA, a Tribe must submit to the Secretary a written Tribal resolution or other official action of the Tribe's governing body approving the voluntary rescission of the TERA. Upon rescission, the Tribe must also return all Departmental resources transferred under the TERA and any relevant records and documents.

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§224.174   When does a voluntary rescission become effective?

A voluntary rescission becomes effective on the date specified by the Secretary, provided that the date is no more than 90 days after the Secretary receives the Tribal resolution or other official action the Tribe submits under §224.173.

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§224.175   How will rescission affect valid existing rights or lawful actions taken before the rescission?

Rescission does not affect valid existing rights that vested before the effective date of the rescission or lawful actions the Tribe and the Secretary took before the effective date of the rescission.

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