Code of Federal Regulations · Section
§ 161.5 — Can Bia Waive The Application Of This Part?
25 C.F.R. § 161.5
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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.
Authorizing Statute
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Duties of Commissioner25 U.S.C. § 2
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Omitted25 U.S.C. § 640d
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Departmental regulations5 U.S.C. § 301