§ 224.57 What must the Secretary do upon receipt of an application?

(a) Upon receiving an application for a TERA, the Secretary must:

(1) Promptly notify the Designated Tribal Official in writing that the Secretary has received the application and the date it was received;

(2) Within 30 days from the date of receiving the application, determine whether the application is complete; and

(3) Take the following actions:

If the Secretary determines that . . .

Then the Secretary must . . .

(i) The application is complete

(A) Issue a written notice and a request for an application consultation meeting to the Designated Tribal Official; and(B) Identify in the written notice any financial assistance available from the Secretary to assist in implementing the TERA, including environmental review of individual projects; and(C) If appropriate, notify other Departmental bureaus and offices of receiving the application and provide copies.

(ii) The application is not complete

(A) Issue a written notice to the Designated Tribal Official that the application is not complete;(B) Specify the additional information the Tribe is required to submit to make the application complete; and(C) Start the 270-day review period only when the Secretary receives a complete application.

(b) Unless the Secretary notifies the Designated Tribal Official during the 30-day review period that the application is not complete, the application is presumed to be complete and the 270-day review period under 25 U.S.C. 3504(e)(2)(A) of the Act will begin as of the date that the application was received.

[73 FR 12821, Mar. 10, 2008, as amended at 84 FR 69611, Dec. 18, 2019]