25 CFR § 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?
---
identifier: "/us/cfr/t25/s224.137"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 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?"
title_number: 25
title_name: "Indians"
section_number: "224.137"
section_name: "What must the Secretary do if a Tribe's noncompliance has resulted in harm or the potential for harm to a physical trust asset?"
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"
---
# 224.137 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.