---
kind: "section"
citation: "24 C.F.R. § 1000.21"
title: "24"
number: "1000.21"
heading: "Under what circumstances are waivers of the environmental review procedures available to tribes?"
url: "https://uscodex.org/cfr/24/1000.21"
---

# §1000.21. Under what circumstances are waivers of the environmental review procedures available to tribes?


A tribe or recipient may request that the Secretary waive the requirements under [section 105](/cfr/24/105.md) of NAHASDA. The Secretary may grant the waiver if the Secretary determines that a failure on the part of a recipient to comply with provisions of this section:

- (a) Will not frustrate the goals of the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](/usc/42/4321.md) et seq.) or any other provision of law that furthers the goals of that Act;
- (b) Does not threaten the health or safety of the community involved by posing an immediate or long-term hazard to residents of that community;
- (c) Is a result of inadvertent error, including an incorrect or incomplete certification provided under [section 105(c)(1)](/cfr/24/105.md?p=c-1) of NAHASDA; and
- (d) **May be corrected through the sole action of the recipient.**

## Notes

### Amendments

[77 FR 71522, Dec. 3, 2012]

### Authority

Authority: 25 U.S.C. 4101 et seq.; 42 U.S.C. 3535(d).

### Source

Source: 63 FR 12349, Mar. 12, 1998, unless otherwise noted.

### Amendments

[77 FR 71522, Dec. 3, 2012]