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

---
identifier: "/us/cfr/t25/s224.138"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 224.138 - What must the Secretary do if a Tribe's noncompliance has caused imminent jeopardy to a physical trust asset?"
title_number: 25
title_name: "Indians"
section_number: "224.138"
section_name: "What must the Secretary do if a Tribe's noncompliance has caused imminent jeopardy 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: "2026-04-05"
last_updated: "2026-04-05"
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"
---


# 224.138 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.