e-CFR banner

Home
gpo.gov
govinfo.gov

e-CFR Navigation Aids

Browse

Simple Search

Advanced Search

 — Boolean

 — Proximity

 

Search History

Search Tips

Corrections

Latest Updates

User Info

FAQs

Agency List

Incorporation By Reference

eCFR logo

Related Resources

 

Electronic Code of Federal Regulations

e-CFR data is current as of January 27, 2020

Title 25Chapter ISubchapter IPart 224


TITLE 25—Indians

CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

SUBCHAPTER I—ENERGY AND MINERALS

PART 224—TRIBAL ENERGY RESOURCE AGREEMENTS UNDER THE INDIAN TRIBAL ENERGY DEVELOPMENT AND SELF DETERMINATION ACT

rule

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?
rule

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?
rule

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?
rule

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?
rule

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?
rule

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?
rule

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?
rule

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?
rule

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?
rule

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 TEDO submit an application for certification?
§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?

Need assistance?