Examples of when a waiver is prohibited by Federal law include:
When the effect would be to waive or eliminate express statutory requirements;
When a statute authorizes civil and criminal penalties;
When it would result in a failure to ensure that proper health and safety standards are included in an AFA (section 403(e)(2));
When it would result in a reduction of the level of trust services that would have been provided by the Secretary to individual Indians (section 403(g)(4));
When it would limit or reduce the services, contracts, or funds to any other Indian Tribe or Tribal organization (section 406(a));
When it would diminish the Federal trust responsibility to Tribes, individual Indians or Indians with trust allotments (Section 406(b)); or
When it would violate Federal case law.
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