Sec. 8. Plan review; waiver authority; and dispute resolution
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/bill/115/s/91/is/section-8A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 7 of the Indian Employment, Training and Related Services Act of 1992 ( 25 U.S.C. 3406 ), as amended by section 2 of this Act, is amended to read as follows: Upon receipt of a plan from an Indian tribe, the Secretary shall consult with— 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 (b). 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 (b). 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— the purpose of this Act; 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. 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— will be inconsistent with the provisions of this Act; or will prevent the affected agency from fulfilling the obligations of the affected agency under this Act. 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 Act and will not prevent the affected agency from fulfilling the obligations of the affected agency under this Act, the Secretary shall establish and initiate an interagency dispute resolution process involving— 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. 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— 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 8(d). .
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Sec. 8
Plan review; waiver authority; and dispute resolution
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