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Code of Federal Regulations
Title 42 - PUBLIC HEALTHChapter I - PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICESSubchapter M - INDIAN HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICESPart 137 - TRIBAL SELF-GOVERNANCESubpart N - CONSTRUCTION
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Section 137.310 - Are Self-Governance Tribes required to grant a limited waiver of their sovereign immunity to assume Federal environmental responsibilities under section 509 of the Act [25 U.S.C. 458aaa-8]?

42 C.F.R. § 137.310

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Current through October 31, 2024
Section 137.310 - Are Self-Governance Tribes required to grant a limited waiver of their sovereign immunity to assume Federal environmental responsibilities under section 509 of the Act [25 U.S.C. 458aaa-8]?

Yes, but only as provided in this section. Unless Self-Governance Tribes consent to the jurisdiction of a court, Self-Governance Tribes are immune from civil lawsuits. Self-Governance Tribes electing to assume Federal environmental responsibilities under section 509 of the Act [25 U.S.C. 458aaa-8 ] must provide a limited waiver of sovereign immunity solely for the purpose of enforcing a Tribal certifying officer's environmental responsibilities, as set forth in this subpart. Self-Governance Tribes are not required to waive any other immunity.

42 C.F.R. §137.310