Sec. 107. Waiver authority
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/bill/118/hr/7859/ih/section-107·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In consultation with the Secretary, an Indian Tribe submitting a proposed Plan may include in the proposed Plan a request that the head of an affected agency waive any statutory, regulatory, or administrative requirement, regulation, policy, or procedure that the Indian Tribe considers necessary to enable the Indian Tribe to efficiently and effectively implement the proposed Plan. Notwithstanding any other provision of law, but subject to paragraph (2), the head of an affected agency shall waive any applicable statutory, regulatory, or administrative requirement, regulation, policy, or procedure for which an Indian Tribe has requested a waiver under subsection (a), including— matching requirements; competition procedures and other competitive funding requirements; formula funding limitations; repayment obligations; deadlines; and any statutory requirements that may be interpreted to prevent— the Indian Tribe from receiving funds from multiple, or overlapping, sources of Federal funding; or the creation by the head of the affected agency of a funding set-aside for Indian Tribes.
A waiver requested by an Indian Tribe under paragraph
(1)shall not be granted if the head of the affected agency determines granting the waiver will be inconsistent with— the purpose of this Act; or the provision of law from which the Federal program included in the Plan derives its authority that is specifically applicable to Indians. Not later than 45 days after the date on which an Indian Tribe submits a waiver request under subsection (a), the head of the affected agency shall— make a determination on whether to grant or deny the request; and provide written notice of the determination and the reasons for the determination to the requesting Indian Tribe and the Secretary. If the head of an affected agency does not provide written notice to the Indian Tribe of a determination on a waiver request within the 45-day period described in paragraph (1), the waiver request shall be deemed to be granted. On the request of an Indian Tribe that submitted a waiver request under subsection (a), the Secretary shall establish and initiate an interagency dispute resolution process involving— the Secretary; the Indian Tribe; and the head of the affected agency. A dispute initiated under subparagraph
(A)shall be resolved not later than 30 days after the date on which the process is initiated under that subparagraph. If the dispute resolution process fails to resolve the dispute between the Indian Tribe and the 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 paragraph, the Secretary shall provide the Indian Tribe with— the final determination on the waiver request; and notice of the right to file an appeal in accordance with section 108(d)(2).