25 CFR § 161.5
Can BIA waive the application of this part?
February 24, 2021
Yes. If a provision of this part conflicts with the objectives of the agricultural resource management plan provided for in §161.200, or with a tribal law, BIA may waive the application of this part unless the waiver would either:
(a) Constitute a violation of a federal statute or judicial decision; or
(b) Conflict with BIA's general trust responsibility under federal law.