PocketLaw | CFR 42 | NEPA Process

Section
137.285

Are Self-Governance Tribes required to accept Federal environmental responsibilities to enter into a construction project agreement?

Section
137.286

Do Self-Governance Tribes become Federal agencies when they assume these Federal environmental responsibilities?

Section
137.287

May Self-Governance Tribes carry out construction projects without assuming these Federal environmental responsibilities?

Section
137.292

How do Self-Governance Tribes assume environmental responsibilities for construction projects under section 509 of the Act [25 U.S.C. 458aaa-8]?

Section
137.293

Are Self-Governance Tribes required to adopt a separate resolution or take equivalent Tribal action to assume environmental responsibilities for each construction project agreement?

Section
137.294

What is the typical IHS environmental review process for construction projects?

Section
137.295

May Self-Governance Tribes elect to develop their own environmental review process?

Section
137.296

How does a Self-Governance Tribe comply with NEPA and NHPA?

Section
137.297

If the environmental review procedures of a Federal agency are adopted by a Self-Governance Tribe, is the Self-Governance Tribe responsible for ensuring the agency's policies and procedures meet the requirements of NEPA, NHPA, and related environmental laws?

Section
137.298

Are Self-Governance Tribes required to comply with Executive Orders to fulfill their environmental responsibilities under section 509 of the Act [25 U.S.C. 458aaa-8]?

Section
137.299

Are Federal funds available to cover the cost of Self-Governance Tribes carrying out environmental responsibilities?

Section
137.300

Since Federal environmental responsibilities are new responsibilities, which may be assumed by Tribes under section 509 of the Act [25 U.S.C. 458aaa-8], are there additional funds available to Self-Governance Tribes to carry out these formerly inherently Federal responsibilities?

Section
137.301

How are project and program environmental review costs identified?

Section
137.302

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

Section
137.303

Are Federal or other funds available for training associated with Tribal assumption of environmental responsibilities?

Section
137.304

May Self-Governance Tribes buy back environmental services from the IHS?

Section
137.305

May Self-Governance Tribes act as lead, cooperating, or joint lead agencies for environmental review purposes?

Section
137.306

How are Self-Governance Tribes recognized as having lead, cooperating, or joint lead agency status?

Section
137.307

What Federal environmental responsibilities remain with the Secretary when a Self-Governance Tribe assumes Federal environmental responsibilities for construction projects under section 509 of the Act [25 U.S.C. 458aaa-8]?

Section
137.308

Does the Secretary have any enforcement authority for Federal environmental responsibilities assumed by Tribes under section 509 of the Act [25 U.S.C. 458aaa-8]?

Section
137.309

How are NEPA and NHPA obligations typically enforced?

Section
137.310

Are Self-Governance Tribes required to grant a limited waiver of their sovereign immunity to assume Federal environmental responsibilities under section 509 of the Act [25 U.S.C. 458aaa-8]?

Section
137.311

Are Self-Governance Tribes entitled to determine the nature and scope of the limited immunity waiver required under section 509(a)(2) of the Act [25 U.S.C. 458aaa-8(a)(2)]?

Section
137.312

NEPA Process

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

Are Self-Governance Tribes required to accept Federal environmental responsibilities to enter into a construction project agreement?

Do Self-Governance Tribes become Federal agencies when they assume these Federal environmental responsibilities?

What is the National Environmental Policy Act (NEPA)?

What is the National Historic Preservation Act (NHPA)?

What is a Federal undertaking under NHPA?

What additional provisions of law are related to NEPA and NHPA?

May Self-Governance Tribes carry out construction projects without assuming these Federal environmental responsibilities?

How do Self-Governance Tribes assume environmental responsibilities for construction projects under section 509 of the Act [25 U.S.C. 458aaa-8]?

Are Self-Governance Tribes required to adopt a separate resolution or take equivalent Tribal action to assume environmental responsibilities for each construction project agreement?

What is the typical IHS environmental review process for construction projects?

May Self-Governance Tribes elect to develop their own environmental review process?

How does a Self-Governance Tribe comply with NEPA and NHPA?

If the environmental review procedures of a Federal agency are adopted by a Self-Governance Tribe, is the Self-Governance Tribe responsible for ensuring the agency's policies and procedures meet the requirements of NEPA, NHPA, and related environmental laws?

Are Self-Governance Tribes required to comply with Executive Orders to fulfill their environmental responsibilities under section 509 of the Act [25 U.S.C. 458aaa-8]?

Are Federal funds available to cover the cost of Self-Governance Tribes carrying out environmental responsibilities?

Since Federal environmental responsibilities are new responsibilities, which may be assumed by Tribes under section 509 of the Act [25 U.S.C. 458aaa-8], are there additional funds available to Self-Governance Tribes to carry out these formerly inherently Federal responsibilities?

How are project and program environmental review costs identified?

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

Are Federal or other funds available for training associated with Tribal assumption of environmental responsibilities?

May Self-Governance Tribes buy back environmental services from the IHS?

May Self-Governance Tribes act as lead, cooperating, or joint lead agencies for environmental review purposes?

How are Self-Governance Tribes recognized as having lead, cooperating, or joint lead agency status?

What Federal environmental responsibilities remain with the Secretary when a Self-Governance Tribe assumes Federal environmental responsibilities for construction projects under section 509 of the Act [25 U.S.C. 458aaa-8]?

Does the Secretary have any enforcement authority for Federal environmental responsibilities assumed by Tribes under section 509 of the Act [25 U.S.C. 458aaa-8]?

How are NEPA and NHPA obligations typically enforced?

Are Self-Governance Tribes required to grant a limited waiver of their sovereign immunity to assume Federal environmental responsibilities under section 509 of the Act [25 U.S.C. 458aaa-8]?

Are Self-Governance Tribes entitled to determine the nature and scope of the limited immunity waiver required under section 509(a)(2) of the Act [25 U.S.C. 458aaa-8(a)(2)]?

Who is the proper defendant in a civil enforcement action under section 509(a)(2) of the Act [25 U.S.C. 458aaa-8(a)(2)]?