Federal · Title 25 — Indians

25 U.S.C. § 3406: Plan review

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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). 1 So in original. 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). 2 So in original. Probably should be “subsection”. 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. 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. 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. 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 .

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