25 U.S.C. § 3406 — Plan review
submitted 34 years ago by Pub. L. 102-477 to r/title-25-INDIANS · 634 words · no verdicts yet
When a tribe submits a plan, the Secretary must consult with affected agencies and the tribe, identify needed waivers, and decide waiver requests on set deadlines. Unresolved disputes go to an interagency process and ultimately the affected agency head.
(a) When a tribe* submits a plan, the Secretary* must consult with the head of each Federal agency overseeing a listed program* and with the submitting tribe. (b) Those parties must identify statutory, regulatory, administrative, policy, or procedure waivers needed for efficient implementation. (c) With the Secretary’s consultation, the tribe may ask each affected agency head to waive an identified requirement, policy, or procedure. (d)(1) Unless paragraph (2) applies, the affected agency head must waive an agency requirement, regulation, policy, or procedure identified by the parties. (2) The head must not waive it if the waiver conflicts with this chapter’s purposes or with a law provision specifically applicable to Indians from which the program gets its authority. (e)(1) The agency head must decide within 90 days. (2) If denying, the head must give the tribe and Secretary written reasons within 30 days. (3) If no decision is made by the deadline, the request is granted. (f) Within 30 days after a denial, the Secretary must review whether granting the waiver would conflict with this chapter or prevent the agency from meeting its duties. (g) If neither problem exists, within 30 days the Secretary must start a dispute process involving the Secretary, tribe, and agency head. The dispute must be resolved within 30 days. (h) If that process fails, the agency head has final authority. (i) Within 10 days after resolution, the Secretary must give the tribe the final decision and notice of the right to appeal under section 3407(d).
Upon receipt of a plan from an Indian tribe*, the Secretary* shall consult with—
the head of each Federal agency overseeing a program* identified in the plan; and
the Indian tribe* that submitted the plan.
The parties identified in subsection (a) shall identify any waivers of applicable statutory, regulatory, or administrative requirements, or of Federal agency policies or procedures necessary to enable the Indian tribe to efficiently implement the plan.
In consultation with the Secretary, a participating Indian tribe may request that the head of each affected agency waive any statutory, regulatory, or administrative requirement, policy, or procedure identified subsection 1 (b).
Except as provided in paragraph (2), notwithstanding any other provision of law, the head of each affected Federal agency shall waive any applicable statutory, regulatory, or administrative requirement, regulation, policy, or procedure promulgated by the agency that has been identified by the parties under subparagraph 2 (b).
The head of an affected Federal agency shall not grant a waiver under paragraph (1) if the head of the affected agency determines that a waiver will be inconsistent with—
the purposes of this chapter; or
the provision of law from which the program included in the plan derives its authority that is specifically applicable to Indians.
Not later than 90 days after the head of an affected agency receives a waiver request, the head of the affected agency shall decide whether to grant or deny the request.
If the head of the affected agency denies a waiver request, not later than 30 days after the date on which the denial is made, the head of the affected agency shall provide the requesting Indian tribe and the Secretary with written notice of the denial and the reasons for the denial.
If the head of an affected agency does not make a decision under paragraph (1) by the deadline identified in that paragraph, the request shall be considered to be granted.
If the head of an affected agency denies a waiver request under subsection (e)(2), not later than 30 days after the date on which the request is denied, the Secretary shall review the denial and determine whether granting the waiver—
will be inconsistent with the provisions of this chapter; or
will prevent the affected agency from fulfilling the obligations of the affected agency under this chapter.
Not later than 30 days after the date on which the Secretary determines that granting the waiver will not be inconsistent with the provisions of this chapter and will not prevent the affected agency from fulfilling the obligations of the affected agency under this chapter, the Secretary shall establish and initiate an interagency dispute resolution process involving—
the Secretary;
the participating Indian tribe; and
the head of the affected agency.
A dispute subject to paragraph (1) shall be resolved not later than 30 days after the date on which the process is initiated.
If the dispute resolution process fails to resolve the dispute between a participating Indian tribe and an affected agency, the head of the affected agency shall have the final authority to resolve the dispute.
Not later than 10 days after the date on which the dispute is resolved under this section, the Secretary shall provide the requesting Indian tribe with—
the final decision on the waiver request; and
notice of the right to file an appeal in accordance with the applicable provisions described in section 3407(d) of this title.
Source credit: (Pub. L. 102–477, § 7, Oct. 23, 1992, 106 Stat. 2303; Pub. L. 106–568, title XI, § 1103(c), Dec. 27, 2000, 114 Stat. 2932; Pub. L. 115–93, § 8, Dec. 18, 2017, 131 Stat. 2029.)
- 1992Enacted · Pub. L. 102-477 · 106 Stat. 2303
- 2000Amended · Pub. L. 106-568 · 114 Stat. 2932
- 2017Amended · Pub. L. 115-93 · 131 Stat. 2029
A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-477 on 1992-10-23.
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