---
kind: "section"
citation: "25 C.F.R. § 224.141"
title: "25"
number: "224.141"
heading: "What must the Secretary do if the Tribe responds to the Secretary's order?"
url: "https://uscodex.org/cfr/25/224.141"
---

# §224.141. What must the Secretary do if the Tribe responds to the Secretary's order?

- (a) If the Tribe responds in a timely manner to the Secretary's order under [§ 224.138](/cfr/25/224.138.md), the Secretary must:
  - (1) Evaluate the Tribe's response;
  - (2) Determine whether or not the Tribe has complied with the TERA and the Federal law cited in the notice; and
  - (3) If the Secretary determines, after reviewing the Tribe's response, that the Tribe has not complied with the TERA or with a Federal law, the Secretary will determine whether the noncompliance caused imminent jeopardy to a physical trust asset.
- (b) If the Secretary determines that the Tribe's noncompliance has caused imminent jeopardy to a physical trust asset, the Secretary may:
  - (1) Order the Tribe to take any action the Secretary deems necessary to comply with the TERA or Federal law and to protect the physical trust asset; or
  - (2) Take any action the Secretary deems necessary to protect the physical trust asset, including reassumption under subpart G of this part.
- (c) If the Secretary determines, after reviewing the Tribe's response, that the Tribe has complied with the TERA and with Federal law, the Secretary will withdraw the Secretary's order.
- (d) The Secretary must base a finding of imminent jeopardy to a physical trust asset on the Tribe's non-compliance with a TERA or violation of a Federal law.

## 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.