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.