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§224.137. What must the Secretary do if a Tribe's noncompliance has resulted in harm or the potential for harm to a physical trust asset?

25 C.F.R. § 224.137

If, because of the Tribe's noncompliance with Federal law or the terms of a TERA, the Secretary determines that there is harm or the potential for harm to a physical trust asset that does not rise to the level of imminent jeopardy to a physical trust asset, the Secretary must:
(a)
Document the issue in the written report of the review and evaluation;
(b)
Report the issue in writing to the Tribal governing body;
(c)
Report the issue in writing to the Assistant Secretary— Indian Affairs; and
(d)
Determine what action, if any, the Secretary must take to protect the physical trust asset, which could include temporary suspension of the activity that resulted in non-compliance with the TERA or other applicable Federal laws or rescinding approval of all or part of the TERA.
Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 2 and 9; 25 U.S.C. 3501-3504; Pub. L. 109-58; Pub. L. 115-325.

Source

Source: 73 FR 12821, Mar. 10, 2008, unless otherwise noted.