---
kind: "section"
citation: "42 C.F.R. § 137.302"
title: "42"
number: "137.302"
heading: "Are Federal funds available to cover start-up costs associated with initial Tribal assumption of environmental responsibilities?"
url: "https://uscodex.org/cfr/42/137.302"
---

# §137.302. Are Federal funds available to cover start-up costs associated with initial Tribal assumption of environmental responsibilities?

- (a) Yes, start-up costs are available as provided in section 508(c) of the Act [[25 U.S.C. 458aaa-7(c)](/usc/25/458aaa-7.md?p=c)]. During the initial year that these responsibilities are assumed, the amount required to be paid under section 106(a)(2) of the Act [[25 U.S.C. 450j-1(a)(2)](/usc/25/450j-1.md?p=a-2)] must include startup costs consisting of the reasonable costs that have been incurred or will be incurred on a one-time basis pursuant to the agreement necessary:
  - (1) To plan, prepare for, and assume operation of the environmental responsibilities; and
  - (2) **To ensure compliance with the terms of the agreement and prudent management.**
- (b) Costs incurred before the initial year that the agreement is in effect may not be included in the amount required to be paid under section 106(a)(2) of the Act [[25 U.S.C. 450j-1(a)(2)](/usc/25/450j-1.md?p=a-2)] if the Secretary does not receive a written notification of the nature and extent of the costs prior to the date on which such costs are incurred.

## Notes

### Authority

Authority: 25 U.S.C. 458 et seq.

### Source

Source: 67 FR 35342, May 17, 2002, unless otherwise noted.