CFR > Title 25 - Indians > CHAPTER VI—OFFICE OF THE ASSISTANT SECRETARY, INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR > 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 (§1000.220 to §1000.232) > 1000.228—What are examples of waivers prohibited by law?

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.