24 CFR 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 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 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) of NAHASDA; and
(d) May be corrected through the sole action of the recipient.