---
kind: "section"
citation: "25 C.F.R. § 224.102"
title: "25"
number: "224.102"
heading: "Must a Tribe establish a comment or hearing process for addressing environmental concerns?"
url: "https://uscodex.org/cfr/25/224.102"
---

# §224.102. Must a Tribe establish a comment or hearing process for addressing environmental concerns?


Yes. The Act (25 U.S.C. [3504(e)(2)(C)(iii)(I)](/usc/25/3504.md?p=e-2-C-iii-I), [(II)](/usc/25/3504.md?p=e-2-C-iii-II) and [25](/usc/25/25.md) U.S.C. 3504(e)(2)(B)(iii)(X)) and [subpart B](/cfr/25/subpartB.md) of this part require a Tribe to establish an environmental review process under a TERA that:

- (a) Ensures that the public is notified about and has an opportunity to comment on the environmental impacts of proposed Tribal action to be taken under a TERA;
- (b) Requires that the Tribe respond to relevant and substantive comments about the environmental impacts of a proposed Tribal action before the Tribe approves a lease, business agreement, or right-of-way; and
- (c) Provides for a process for consultation with any affected States regarding off-reservation environmental impacts, if any, resulting from approval of a lease, business agreement, or right-of-way.

## Notes

### Authority

Authority: 25 U.S.C. 2 and 9; 25 U.S.C. 3501-3504; Pub. L. 109-58; Pub. L. 115-325.

### Source

Source: 73 FR 12821, Mar. 10, 2008, unless otherwise noted.