30 CFR Part 755 — Tribal-Federal Intergovernmental Agreements

PART 755—TRIBAL-FEDERAL INTERGOVERNMENTAL AGREEMENTS Authority: Pub. L. 95-87 30 U.S.C. 1201-1328. Source: 49 FR 38480, Sept. 28, 1984, unless otherwise noted. § 755.1 Scope. This part sets forth requirements for the development, approval and administration of Tribal-Federal Intergovernmental Agreements. § 755.10 Information collection. The information collection requirements contained in this part do not require approval from the Office of Management and Budget under 44 U.S.C. 3507 because there are expected to be less than 10 respondents annually. § 755.11 Application and agreement. (a) An Indian tribe may request that the Secretary enter into a Tribal-Federal intergovernmental agreement with the tribe. (b) A request for a Tribal-Federal intergovernmental agreement shall be submitted in writing and shall include proposed terms of the agreement consistent with the requirements of this part. § 755.12 Terms. The terms in each Tribal-Federal intergovernmental agreement may include: (a) Provisions to allow the tribe to work with and assist OSM in the review of permit applications, and to recommend appropriate action on permits, permit applications, inspection and enforcement, and bond release or forfeiture; and (b) Provisions to provide funding for tribal employees to attend and testify at hearings and to perform other functions under the agreement. § 755.13 Authority reserved by the Secretary. The Secretary shall not delegate to any Indian tribe, nor shall any Tribal-Federal Intergovernmental Agreement be construed to delegate to any tribe, the nondelegable authority exercised by or reserved to the Secretary on Indian lands. § 755.14 Amendments. An agreement that has been approved pursuant to this part may be amended by mutual agreement of the Secretary and the officers of the tribe. § 755.15 Termination. An agreement may be terminated by either party upon written notice to the other specifying the date upon which the agreement will be terminated. The date of termination shall be no less than 30 days from the date of the notice.

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