25 C.F.R. § 224.110

Current through November 30, 2024
Section 224.110 - What must a petition to the Secretary contain?

A petition must contain:

(a) The petitioner's name and contact information;
(b) Specific facts demonstrating that the petitioner is an interested party under § 224.101 , including identification of the affected interest;
(c) Specific facts demonstrating that the petitioner exhausted Tribal remedies, if Tribal laws, regulations, or procedures permitted the petitioner to allege Tribal noncompliance with a TERA;
(d) A description of facts supporting the petitioner's allegation of the Tribe's noncompliance with a TERA;
(e) A description of the adverse environmental impact that the petitioner's interest has sustained or will sustain because of the Tribe's alleged noncompliance with the TERA;
(f) A copy of any written decision the Tribe issued responding to the petitioner's claims;
(g) If applicable, a statement that the Tribe has issued no written decision within a reasonable time related to a claim a petitioner has filed with the Tribe under applicable Tribal laws, regulations, or procedures;
(h) If applicable, a statement and supporting documentation that the Tribe did not respond to the petitioner's request under § 224.105(a) for copies of any Tribal laws, regulations, or procedures allowing the petitioner to allege that the Tribe is not complying with a TERA; and
(i) Any other information relevant to the petition.

25 C.F.R. §224.110

73 FR 12821 , Mar. 10, 2008, as amended at 84 FR 69613 , Dec. 18, 2019