---
kind: "section"
citation: "25 C.F.R. § 224.138"
title: "25"
number: "224.138"
heading: "What must the Secretary do if a Tribe's noncompliance has caused imminent jeopardy to a physical trust asset?"
url: "https://uscodex.org/cfr/25/224.138"
---

# §224.138. What must the Secretary do if a Tribe's noncompliance has caused imminent jeopardy to a physical trust asset?


If the Secretary finds that a Tribe's noncompliance with a Federal law or the terms of a TERA has caused imminent jeopardy to a physical trust asset, the Secretary must:

- (a) Immediately notify the Tribe by a telephone call to the Designated Tribal Official followed by a written notice by facsimile to the Designated Tribal Official and the Tribal governing body of the imminent jeopardy to a physical trust asset. The notice must contain:
  - (1) A description of the Tribe's noncompliance with Federal law or the terms of the TERA;
  - (2) A description of the physical trust asset and the nature of the imminent jeopardy to a physical trust asset resulting from the Tribe's noncompliance; and
  - (3) An order to the Tribe to cease specific conduct or take specific action deemed necessary by the Secretary to correct any condition that caused the imminent jeopardy to a physical trust asset.
- (b) Issue a finding that the Tribe's noncompliance with the TERA or a Federal law has caused imminent jeopardy to a physical trust asset.

## 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.