15.1.6.080 Decision by the Governor

(a) The Governor shall make a written decision on all Applications for a Project in a timely manner. A decision made by the Governor pursuant to this Act shall take precedence over any initial decision by IHS regarding a Project. The Governor may take any of the following actions regarding a Project:

i. if DNR recommends approval of the Project, the Governor may grant final approval of the Project;

ii. if DNR recommends approval of the Project, the Governor may deny the recommendation from DNR, and make a final decision to reject the Project;

iii. if DNR recommends denial of the Project, the Governor may make a final decision to reject the Project;

iv. if DNR recommends denial of the Project, the Governor may deny the recommendation from DNR and grant final approval of the Project; or,

v. remand the Application to DNR with instructions for further investigation and study, which may include DNR requesting additional information from the Applicant or suggesting modifications to the Application and Project; Provided, that if the Applicant modifies the proposed Project, then DNR shall treat the modified Project as a new Application and shall begin the process anew.

(b) Upon approval of a Project by the Governor, the Governor shall be authorized to negotiate and execute agreements with the IHS as may be necessary to provide utility infrastructure services to homes and homesites.

(c) No Utility Infrastructure Project shall be constructed without the prior approval of the Governor in writing.