§ 161.5 - Can BIA waive the application of this part?

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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:

Constitute a violation of a federal statute or judicial decision; or

Conflict with BIA's general trust responsibility under federal law.