25 C.F.R. §§ 224.67–224.78

§224.67. What must the Secretary do upon the Secretary's receipt of a final proposed TERA?

25 C.F.R. § 224.67

(a)

Within 10 days of the Secretary's receipt of a final proposed TERA, the Secretary must submit a notice for publication in the Federal Register advising the public:

(1)

That the Secretary is considering a final proposed TERA for approval or disapproval— and

(2)

Of any National Environmental Policy Act (NEPA) review the Secretary is conducting.

(b)

The <I>Federal Register</I> notice will—

(1)

Contain information advising the public how to request and receive copies of or participate in any NEPA reviews, as prescribed in subpart C of this part, related to approval of the final proposed TERA; and

(2)

Contain information advising the public how to comment on a final proposed TERA.

Notes, amendments, and revision history

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.

§224.68. How will the Secretary use public comments?

25 C.F.R. § 224.68

(a)

The Secretary will review and consider public comments in deciding to approve or disapprove the final proposed TERA; and

(b)

The Secretary will provide copies of the comments to the Designated Tribal Official;

(c)

Upon mutual agreement between the Tribe and the Secretary, the Tribe may make changes in the final proposed TERA based on the comments received; and

(d)

If the Tribe revises the final proposed TERA based on public comments, the Tribal governing body must approve the changes, the authorized representative of the Tribe must sign the final proposed TERA as revised, and the Tribe must send the revised final proposed TERA to the Secretary.

Notes, amendments, and revision history

Amendments

[73 FR 12821, Mar. 10, 2008, as amended at 84 FR 69612, Dec. 18, 2019]

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.

Amendments

[73 FR 12821, Mar. 10, 2008, as amended at 84 FR 69612, Dec. 18, 2019]

§224.70. Will the Secretary review a proposed TERA under the National Environmental Policy Act?

25 C.F.R. § 224.70

Yes, the Secretary will conduct a review under the National Environmental Policy Act (NEPA) of the potential impacts on the quality of the human environment that might arise from approving a final proposed TERA. The scope of the Secretary's evaluation will be limited to the scope of the TERA. The public comment period, when required, under the NEPA review will occur concurrently with the public comment period for a TERA under § 224.67.

Notes, amendments, and revision history

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.

§224.71. What standards will the Secretary use to decide to approve a final proposed TERA?

25 C.F.R. § 224.71

The Secretary must approve a final proposed TERA unless:

(a)

The Tribe does not meet the definition of a “qualified Tribe” in § 224.30;

(b)

A provision of the TERA violates applicable Federal law (including regulations) or a treaty applicable to the Tribe; or

(c)

The TERA fails to include the provisions required by § 224.63.

Notes, amendments, and revision history

Amendments

[84 FR 69612, Dec. 18, 2019]

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.

Amendments

[84 FR 69612, Dec. 18, 2019]

§224.72-224.73. Reserved

25 C.F.R. § 224.72-224.73

Notes, amendments, and revision history

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.

§224.74. When must the Secretary approve or disapprove a final proposed TERA?

25 C.F.R. § 224.74

The Secretary must approve or disapprove a final proposed TERA within 270 days of the Secretary's receipt of a complete application for a TERA. If the Secretary fails to approve or disapprove a final proposed TERA within 270 days, the TERA takes effect on the 271st day after the Secretary's receipt of a complete application from a qualified Tribe.

Notes, amendments, and revision history

Amendments

[84 FR 69612, Dec. 18, 2019]

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.

Amendments

[84 FR 69612, Dec. 18, 2019]

§224.75. What must the Secretary do upon approval or disapproval of a final proposed TERA?

25 C.F.R. § 224.75

Within 10 days of the Secretary's approval or disapproval of a final proposed TERA, the Secretary must notify the Tribal governing body in writing and take the following actions:

Notes, amendments, and revision history

Amendments

[73 FR 12821, Mar. 10, 2008, as amended at 84 FR 69612, Dec. 18, 2019]

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.

Amendments

[73 FR 12821, Mar. 10, 2008, as amended at 84 FR 69612, Dec. 18, 2019]

§224.76. Upon notification of disapproval, may a Tribe re-submit a revised final proposed TERA?

25 C.F.R. § 224.76

Yes, within 45 days of receiving the notice of disapproval, or a later date as the Secretary and the Tribe agree to in writing, the Tribe may re-submit a revised final proposed TERA, approved by the Tribal governing body and signed by the Tribe's authorized representative, to the Secretary that addresses the Secretary's concerns. The Secretary must approve or disapprove the revised final proposed TERA within 90 days of the Secretary's receipt of the revised final proposed TERA. If the Secretary does not approve or disapprove the revised proposed TERA within that time, it will take effect on the 91st day. Within 10 days of the Secretary's approval or disapproval of a revised final proposed TERA, the Secretary must notify the Tribal governing body in writing and take the following actions:

Notes, amendments, and revision history

Amendments

[73 FR 12821, Mar. 10, 2008, as amended at 84 FR 69612, Dec. 18, 2019]

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.

Amendments

[73 FR 12821, Mar. 10, 2008, as amended at 84 FR 69612, Dec. 18, 2019]

§224.77. Who may appeal the Secretary's decision on a final proposed TERA or a revised final proposed TERA?

25 C.F.R. § 224.77

Only a Tribe applying for a TERA may appeal the Secretary's decision to disapprove a final proposed TERA or a revised final proposed TERA in accordance with the appeal procedures contained in subpart I of this part. No other person or entity may appeal the Secretary's decision. The Secretary's decision to approve a final proposed TERA or a revised final proposed TERA is a final agency action.

Notes, amendments, and revision history

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.

§224.78. How long will a TERA remain in effect?

25 C.F.R. § 224.78

A TERA that takes effect under this part remains in effect to the extent any provision of the TERA is consistent with applicable Federal law (including regulations), unless and until either:

(a)

The Secretary reassumes all activities included within a TERA without the consent of the Tribe under Subpart G; or

(b)

The Tribe rescinds a TERA under Subpart H.

Notes, amendments, and revision history

Amendments

[84 FR 69613, Dec. 18, 2019]

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.

Amendments

[84 FR 69613, Dec. 18, 2019]