Sec. 108. Plan approval or denial
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/bill/118/hr/7859/ih/section-108·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary shall have the sole and exclusive authority to approve or disapprove— a Plan submitted by an Indian Tribe; and the integration of a Federal program into the Plan. Except as provided in subsection (c), not later than 90 days after the date on which the Secretary receives a proposed Plan submitted by an Indian Tribe, the Secretary shall— approve or deny the Plan; and provide written notice of that decision to the Indian Tribe. If the Secretary approves a Plan, the Secretary shall authorize the transfer and distribution of funds associated with the Federal programs integrated into the Plan.
If the Secretary denies a Plan, the Secretary shall provide to the Indian Tribe written notification of disapproval that contains a specific finding that clearly demonstrates, or that is supported by controlling legal authority, that the Plan does not meet the requirements of this Act. If the Secretary determines a Plan cannot be approved in its entirety, the Secretary shall approve any portion of the Plan that can be approved and deny any portion of the proposed Plan that cannot be approved, pursuant to the processes described in this subsection.
If the Secretary does not provide written notice to an Indian Tribe of a decision on a Plan within the 90-day period described in paragraph (1), the Plan shall be deemed approved. Subject to paragraph (2), the Secretary may extend or otherwise alter the 90-day period described in subsection (b)(1) if, before expiration of the original 90-day period, the Secretary obtains the express written consent of the Indian Tribe that submitted the applicable Plan. An extension or alteration of the 90-day period under paragraph
(1)may only be— provided once; and for a period of not more than 90 days. In addition to the requirements of subsection (b)(3), if the Secretary denies or partially denies a proposed Plan the Secretary shall— provide technical assistance to the applicable Indian Tribe with respect to the denied proposed Plan, or the denied portion of the proposed Plan, to ensure the proposed Plan meets the requirements of this Act, if possible; and inform the Indian Tribe of the option of the Indian Tribe to request a hearing on the record before an administrative law judge with the right to engage in full discovery relevant to any issue raised in the matter and the opportunity for appeal on the matters raised by the Secretary under subsection (b)(3), under such rules and regulations as the Secretary may issue. An Indian Tribe may bring a civil action in a district court of the United States against— the Secretary for a Plan denial under this section; and an affected agency for a waiver denial under section 107. An Indian Tribe may bring a civil action under paragraph
(1)without regard to whether the Indian Tribe had an administrative hearing for a Plan denial under subsection (d)(2) or engaged in the dispute resolution process for a waiver denial under section 107(c)(3). In a civil action brought by an Indian Tribe under paragraph (1), a district court of the United States may order appropriate relief (including injunctive relief to reverse a denial of a Plan or a waiver to compel an officer or employee of the United States, or any agency thereof, to perform a duty provided under this Act or regulations promulgated under this Act) against any action by an officer or employee of the United States or any Federal agency contrary to this Act or regulations promulgated under this Act.