25 USC 3407 - Plan approval; Secretarial authority; review of decision

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

§ 3407.

Plan approval; Secretarial authority; review of decision

(a)

In general

(b)

Approval process

(1)

In general

(2)

Approval

(3)

Denial

(4)

Partial approval

(A)

In general

(B)

Approval after resolution

(5)

Failure to act

(c)

Extension of time

(d)

Review of denial

(1)

Procedure upon refusal to approve plan

If the Secretary denies a plan under subsection (b)(3), the Secretary shall—

(A)

state any objections in writing to the Indian tribe;

(B)

provide assistance to the Indian tribe to overcome the stated objections; and

(C)

unless the Indian tribe brings a civil action under paragraph (2), provide the Indian tribe with a hearing on the record with the right to engage in full discovery relevant to any issue raised in the matter and the opportunity for appeal on the objections raised, under such rules and regulations as the Secretary may promulgate.

(2)

Civil actions

(A)

In general

(B)

Administrative hearing and appeal not required

(C)

Relief

(3)

Final agency action

Notwithstanding any other provision of law, a decision by an official of the Department of the Interior or the Department of Health and Human Services, as appropriate (collectively referred to in this paragraph as the “Department”) that constitutes final agency action and that relates to an appeal within the Department that is conducted under paragraph (1)(C) shall be made—

(A)

by an official of the Department who holds a position at a higher organizational level within the Department than the level of the departmental agency (such as the Indian Health Service or the Bureau of Indian Affairs) in which the decision that is the subject of the appeal was made; or

(B)

by an administrative law judge.

(Pub. L. 102–477, § 8, Oct. 23, 1992, 106 Stat. 2303; Pub. L. 106–568, title XI, § 1103(d), Dec. 27, 2000, 114 Stat. 2932; Pub. L. 115–93, § 9, Dec. 18, 2017, 131 Stat. 2030.)

cite as: 25 USC 3407