25 C.F.R. § 166.2
Can the BIA waive the application of these regulations?
Yes. In any case in which these regulations conflict with the objectives of the agricultural resource management plan provided for in § 166.311 of this part, or with a tribal law, the BIA may waive the application of such regulations unless the waiver would constitute a violation of a federal statute or judicial decision or would conflict with the BIA's general trust responsibility under federal law.
Notes of Decisions
Cited in 1
case, 1990–1990 · leading case: Oglala Sioux Tribe of the Pine Ridge Indian Reservation v. United States, 21 Cl. Ct. 176 (Ct. Cl. 1990).
Oglala Sioux Tribe of the Pine Ridge Indian Reservation v. United States, 21 Cl. Ct. 176 (Ct. Cl. 1990). “25 C.F.R. § 166.2 states that “[i]t is the Secretary’s responsibility to improve the economic well-being of the Indian people through proper and efficient resource use.”
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