Must the Secretary make a determination of the Tribe's compliance with a TERA?

  1. Law
  2. CFR 25
  3. Indians
  4. Bureau of Indian Affairs, Department of the Interior
  5. Energy and Minerals
  6. Tribal Energy Resource Agreements Under the Indian Tribal Energy Development and Self Determination Act
  7. Interested Party Petitions
  8. Must the Secretary make a determination of the Tribe's compliance with a TERA?

Checkout our iOS App for a better way to browser and research.

§ 224.117 Must the Secretary make a determination of the Tribe's compliance with a TERA?

(a) Yes. Upon a finding that one of the threshold determinations in § 224.115 has been met, the Secretary must make a determination of the Tribe's compliance with a TERA within the time period in § 224.116.

(b) If the Secretary determines that the Tribe is in compliance with the TERA, the Secretary will notify the Tribe and the petitioner in writing;

(c) If the Secretary determines that the Tribe is not in compliance with the TERA, the Secretary will notify the Tribe and the petitioner in writing and, in addition, must provide the Tribe:

(1) A written determination that describes the manner in which the TERA has been violated together with a written notice of the violations;

(2) Notice of a reasonable opportunity to comply with the TERA; and

(3) Notice of the Tribe's opportunity for a hearing.


Download our app to see the most-to-date content.