Section 1000.228 - What are examples of waivers prohibited by law?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.