§ 224.138. What must the Secretary do if a Tribe's noncompliance has caused imminent jeopardy to a physical trust asset?
173 words·~1 min read·
/us/cfr/t25/s§ 224.138·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.