- § 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]?
§ 137.225 - What regulations may be waived under Title V?
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.
§ 137.226 - How does a Self-Governance Tribe request a waiver?
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.
§ 137.227 - How much time does the Secretary have to act on a waiver request?
The Secretary must either approve or deny the requested waiver in writing within 90 days after receipt by the Secretary.
§ 137.228 - Upon what basis may the waiver request be denied?
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.
§ 137.229 - What happens if the Secretary neither approves or denies a waiver request within the time specified in § 137.227?
The waiver request is deemed approved.
§ 137.230 - Is the Secretary's decision on a waiver request final for the Department?
Yes, the Secretary's decision on a waiver request is 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]?
The decision may not be appealed under these regulations but may be appealed by the Self-Governance Tribe in Federal Court under applicable law.