What are examples of waivers prohibited by law?

25 C.F.R. § 1000.228
in effectEffective: 2024-07-01
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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.

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