---
kind: "section"
citation: "25 C.F.R. § 224.137"
title: "25"
number: "224.137"
heading: "What must the Secretary do if a Tribe's noncompliance has resulted in harm or the potential for harm to a physical trust asset?"
url: "https://uscodex.org/cfr/25/224.137"
---

# §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?


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

### 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.