224.72—How will the Secretary determine whether a tribe has demonstrated sufficient capacity?
The Secretary will determine whether a tribe has demonstrated sufficient capacity under § 224.71 based on the information obtained through the application process. The Secretary will consider:
(c)
Materials and information submitted with the application for a TERA, the result of meetings between the tribe and a representative of the Department and the Director's written report;
(d)
The history of the tribe's role in energy resource development, including negotiating and approval or disapproval of pre-existing energy-related leases, business agreements, and rights-of-way;
(e)
The administrative expertise of the tribe available to regulate energy resource development within the scope of the final proposed TERA or the tribe's plans for establishing that expertise;
(f)
The financial capacity of the tribe to maintain or procure the technical expertise needed to evaluate proposals and to monitor anticipated activities in a prudent manner;
(g)
The tribe's past performance administering contracts and grants associated with self-determination programs, cooperative agreements with Federal and State agencies, and environmental programs administered by the Environmental Protection Agency;
(h)
The tribe's past performance monitoring activities undertaken by third parties under approved leases, business agreements, or rights-of-way; and
(i)
Any other factors the Secretary finds to be relevant in light of the scope of the proposed TERA.