24 CFR § 1000.21 - Under what circumstances are waivers of the environmental review procedures available to tribes?

---
identifier: "/us/cfr/t24/s1000.21"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "24 CFR § 1000.21 - Under what circumstances are waivers of the environmental review procedures available to tribes?"
title_number: 24
title_name: "Housing and Urban Development"
section_number: "1000.21"
section_name: "Under what circumstances are waivers of the environmental review procedures available to tribes?"
chapter_name: "OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT"
part_number: "1000"
part_name: "NATIVE AMERICAN HOUSING ACTIVITIES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "25 U.S.C. 4101  42 U.S.C. 3535(d)."
regulatory_source: "63 FR 12349, Mar. 12, 1998, unless otherwise noted."
cfr_part: "1000"
---


# 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.

[77 FR 71522, Dec. 3, 2012]