42 C.F.R. Subpart J—Regulation Waiver
Title 42 - Public Health
A Self-Governance Tribe may request a waiver of regulation(s) promulgated under section 517 of the Act [25 U.S.C. 458aaa–16] or under the authorities specified in section 505(b) of the Act [25 U.S.C. 458aaa–4(b)] for a compact or funding agreement entered into with the IHS under Title V. A Self-Governance Tribe may request a waiver by submitting a written request to the Secretary identifying the applicable Federal regulation(s) sought to be waived and the basis for the request. The Secretary must either approve or deny the requested waiver in writing within 90 days after receipt by the Secretary. A denial may be made only upon a specific finding by the Secretary that identified language in the regulation may not be waived because such waiver is prohibited by Federal law. The waiver request is deemed approved. Yes, the Secretary's decision on a waiver request is final for the Department. The decision may not be appealed under these regulations but may be appealed by the Self-Governance Tribe in Federal Court under applicable law.
Title 42: Public Health
PART 137—TRIBAL SELF-GOVERNANCE
Subpart J—Regulation Waiver
§ 137.225 What regulations may be waived under Title V?
§ 137.226 How does a Self-Governance Tribe request a waiver?
§ 137.227 How much time does the Secretary have to act on a waiver request?
§ 137.228 Upon what basis may the waiver request be denied?
§ 137.229 What happens if the Secretary neither approves or denies a waiver request within the time specified in §137.227?
§ 137.230 Is the Secretary's decision on a waiver request final for the Department?
§ 137.231 May a Self-Governance Tribe appeal the Secretary's decision to deny its request for a waiver of a regulation promulgated under section 517 of the Act [25 U.S.C. 458aaa–16]?
