Why would a tribe consider a TERA for its energy resource development?
A TERA is one of the avenues for tribal self-determination available to tribes for energy development. Under a TERA approved by the Secretary of the Interior, a tribe may, at its discretion, enter into leases and business agreements and grant rights-of-way for energy development or transmission on its tribal lands without review and approval by the Secretary. In addition, under an approved TERA, a tribe may: • Retain the option of entering into energy-related leases and business agreements under laws other than TERA; • Include related existing leases, business agreements, and grants of rights-of-way in a TERA by amendment or modification of the existing leases, business agreements, or rights-of-way (with agreement of the other party(ies) to the agreements); • Assume energy-related administrative and regulatory activities consistent with the scope of the TERA; • Designate categories of energy-related leases, business agreements, or rights-of-way that it are not including in a TERA; and