25 C.F.R. § 161.5
Can BIA waive the application of this part?
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.
Notes of Decisions
Cited in 3
cases, 1970–2019 · leading case: Davilla v. Enable Midstream Partners L.P., 913 F.3d 959 (10th Cir. 2019).
Davilla v. Enable Midstream Partners L.P., 913 F.3d 959 (10th Cir. 2019). “25 C.F.R. § 161.5 (I) (1980) (requiring right-of-way applicants to expressly agree to restore the land to its original condition).”
E. Band of Cherokee Indians v. Griffin, 502 F. Supp. 924 (W.D.N.C. 1980). “While the real thrust of the action in Walkingstick was directed toward environmental issues the Court nevertheless did determine that the requirements of 25 C.F.R. § 161.5 were met and that the claim of invalidity advanced by the plaintiffs was without merit.”
United States v. 10.69 Acres of Land, More or Less, 425 F.2d 317 (9th Cir. 1970). “Conditions normally imposed are listed in 25 C.F.R. § 161.5 . . Policy and Procedure Memorandum 80-8 was issued by the Bureau of Public Roads, Department of Transportation, on April 17, 1967, “to prescribe the policies and procedures relating to the acquisition by the State of…”
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