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25 CFR § 224.136 - How will the Secretary's report address a Tribe's noncompliance?

---
identifier: "/us/cfr/t25/s224.136"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 224.136 - How will the Secretary's report address a Tribe's noncompliance?"
title_number: 25
title_name: "Indians"
section_number: "224.136"
section_name: "How will the Secretary's report address a Tribe's noncompliance?"
chapter_name: "BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR"
subchapter_number: "I"
subchapter_name: "ENERGY AND MINERALS"
part_number: "224"
part_name: "TRIBAL ENERGY RESOURCE AGREEMENTS UNDER THE INDIAN TRIBAL ENERGY DEVELOPMENT AND SELF DETERMINATION ACT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "25 U.S.C. 2 and 9; 25 U.S.C. 3501-3504; Pub. L. 109-58; Pub. L. 115-325."
regulatory_source: "73 FR 12821, Mar. 10, 2008, unless otherwise noted."
cfr_part: "224"
---

# 224.136 How will the Secretary's report address a Tribe's noncompliance?

This section applies if the Secretary conducts a review and evaluation or investigation of a notice of violation of Federal law or the terms of a TERA.

(a) If the Secretary determines that the Tribe has not complied with Federal law or the terms of a TERA, the Secretary's written report must include a determination of whether the Tribe's noncompliance has resulted in harm or the potential for harm to a physical trust asset.

(b) If the Secretary determines that the Tribe's noncompliance may cause harm or has caused harm to a physical trust asset, the Secretary must also determine whether the noncompliance cause imminent jeopardy to a physical trust asset.