Sec. 6. Plan review; waiver authority; and dispute resolution
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Section 7 ( 25 U.S.C. 3406 ) is amended to read as follows: Upon receipt of a plan from an Indian tribe or tribal organization, the Secretary shall consult with— the head of each Federal agency providing funds to be used to implement the plan; and the Indian tribe or tribal organization that submitted the plan. The parties described 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 or tribal organization to efficiently implement the plan. In consultation with the Secretary, a participating Indian tribe or tribal organization may request the head of each affected agency to waive any statutory, regulatory, administrative requirement, policy, or procedure identified subsection (b). Except as provided in paragraph (2), notwithstanding any other provision of law, the head of each affected agency shall waive any applicable statutory, regulatory, administrative requirement, regulation, policy, or procedure promulgated by the agency that has been identified by the parties under subparagraph (b). The head of an affected 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 Act. 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 90 days after the date on which the denial is made, the head of the affected agency shall provide the requesting Indian tribe or tribal organization 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)within 90 days after the date on which the head of the affected agency receives the waiver request, the request shall be granted. If the head of an affected agency denies a waiver request under subsection (e)(2), not later than 10 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 the Act; or will prevent the affected agency from fulfilling its obligations under the Act. Not later than 20 days after the date on which the Secretary determines that granting the waiver will not be inconsistent with the provisions of the Act and would not prevent the lead agency from fulfilling its obligations under the Act, the Secretary shall establish and initiate an interagency dispute resolution process involving— the Secretary; the participating Indian tribe or tribal organization; 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 or tribal organization 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 inform the requesting Indian tribe or tribal organization— the final decision on the waiver request; and notice of the right to file an appeal to the final decision in an appropriate district court of the United States. .
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Sec. 6
Plan review; waiver authority; and dispute resolution
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