Sec. 7. Plan approval; secretarial authority; review of decision
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/bill/113/s/1574/is/section-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 8 ( 25 U.S.C. 3407 ) is amended to read as follows: A plan submitted to the Secretary for approval under this Act shall— identify the programs to be integrated and consolidated; be consistent with the purposes of this Act; describe— a comprehensive strategy identifying the full range of potential employment opportunities on and near the service area of the Indian tribe or tribal organization; the education, training, and related services to be provided to assist Indians to access those employment opportunities; the way in which services are to be integrated, consolidated, and delivered; and the results expected from the plan; identify the projected expenditures under the plan in a single budget covering all consolidated funds; identify any agency of the Indian tribe or tribal organization to be involved in the delivery of the services integrated under the plan; identify any statutory provisions, regulations, policies, or procedures that the Indian tribe or tribal organization believes need to be waived to implement the plan; and be approved by the governing body of the Indian tribe or tribal organization.
The Secretary shall have exclusive authority to approve or disapprove a plan submitted by an Indian tribe or tribal organization in accordance with section 7. Not later than 90 days after the date on which the Secretary receives a plan, the Secretary shall approve or deny the plan, including any request for a waiver that is made as part of the plan. If the Secretary approves a plan under paragraph (1), the Secretary shall authorize the transfer of funds under the plan. If the Secretary denies the plan under paragraph (1), the Secretary shall provide to the Indian tribe or tribal organization a written notification of disapproval of the plan that contains a specific finding that clearly demonstrates that, or that is supported by a controlling legal authority, the plan does not meet the requirements set forth in subsection (a).
If the Secretary does not make a decision under paragraph
(1)within 90 days after the date on which the Secretary receives the plan, the plan shall be approved. Notwithstanding any other provision of law, the Secretary may extend or otherwise alter the 90-day period specified in subsection (c)(1) above, if before the expiration of the period, the Secretary obtains the express written consent of the Indian tribe or tribal organization to extend or alter the period for up to 90 additional days. If the Secretary denies the plan under subsection (c)(1), the following shall apply: Subsections
(b)and
(e)of section 102 of the Indian Self-Determination Act (25 U.S.C. 450f). Subsections
(a)and
(c)of section 110 of that Act (25 U.S.C. 450m–1). .
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- 25 USC 450m–1
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Sec. 7
Plan approval; secretarial authority; review of decision
Cite25 USC 450m–1
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