25 C.F.R. § 1000.228 What are examples of waivers prohibited by law?
Title 25 - Indians
Examples of when a waiver is prohibited by Federal law include: (a) When the effect would be to waive or eliminate express statutory requirements; (b) When a statute authorizes civil and criminal penalties; (c) When it would result in a failure to ensure that proper health and safety standards are included in an AFA (section 403(e)(2)); (d) When it would result in a reduction of the level of trust services that would have been provided by the Secretary to individual Indians (section 403(g)(4)); (e) When it would limit or reduce the services, contracts, or funds to any other Indian Tribe or Tribal organization (section 406(a)); (f) When it would diminish the Federal trust responsibility to Tribes, individual Indians or Indians with trust allotments (Section 406(b)); or (g) When it would violate Federal case law.
Title 25: Indians
PART 1000—ANNUAL FUNDING AGREEMENTS UNDER THE TRIBAL SELF-GOVERNMENT ACT AMENDMENTS TO THE INDIAN SELF-DETERMINATION AND EDUCATION ACT
Subpart J—Waiver of Regulations
§ 1000.228 What are examples of waivers prohibited by law?
