25 USC 3406 - Plan review

U.S Code last checked for updates: Nov 22, 2024

§ 3406.

Plan review

(a)

In general

Upon receipt of a plan from an Indian tribe, the Secretary shall consult with—

(1)

the head of each Federal agency overseeing a program identified in the plan; and

(2)

the Indian tribe that submitted the plan.

(b)

Identification of waivers

(c)

Tribal waiver request

(d)

Waiver authority

(1)

In general

(2)

Exception

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—

(A)

the purposes of this chapter; or

(B)

the provision of law from which the program included in the plan derives its authority that is specifically applicable to Indians.

(e)

Decision on waiver request

(1)

In general

(2)

Denial of request

(3)

Failure to act on request

(f)

Secretarial review

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—

(1)

will be inconsistent with the provisions of this chapter; or

(2)

will prevent the affected agency from fulfilling the obligations of the affected agency under this chapter.

(g)

Interagency dispute resolution

(1)

In general

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—

(A)

the Secretary;

(B)

the participating Indian tribe; and

(C)

the head of the affected agency.

(2)

Duration

(h)

Final authority

(i)

Final decision

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—

(1)

the final decision on the waiver request; and

(2)

notice of the right to file an appeal in accordance with the applicable provisions described in section 3407(d) of this title.

(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.)

cite as: 25 USC 3406