Sec. 409. FACILITATION
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## SEC. 409 FACILITATION **[**[25 U.S.C. 5369](/us/usc/t25/s5369)**]** ###
(a)In General Except as otherwise provided by law (including section 101(a) of the PROGRESS for Indian Tribes Act), the Secretary shall interpret each Federal law and regulation in a manner that facilitates— ####
(1)the inclusion of programs in funding agreements; and ####
(2)the implementation of funding agreements. ###
(b)Regulation Waiver ####
(1)Request An Indian Tribe may submit to the Secretary a written request for a waiver of applicability of a Federal regulation, including— #####
(A)an identification of the specific text in the regulation sought to be waived; and #####
(B)the basis for the request. ####
(2)Determination by the Secretary Not later than 120 days after receipt by the Secretary and the designated officials under paragraph
(4)of a request under paragraph (1), the Secretary shall approve or deny the requested waiver in writing to the Indian Tribe. ####
(3)Extensions The deadline described in paragraph
(2)may be extended for any length of time, as agreed upon by both the Indian Tribe and the Secretary. ####
(4)Designated officials The Secretary shall designate one or more appropriate officials in the Department to receive a copy of the waiver request described in paragraph (1). ####
(5)Grounds for denial The Secretary may deny a request under paragraph
(1)upon a specific finding by the Secretary that the identified text in the regulation may not be waived because such a waiver is prohibited by Federal law. ####
(6)Failure to make determination If the Secretary fails to make a determination with respect to a waiver request within the period specified in paragraph
(2)(including any extension agreed to under paragraph (3)), the Secretary shall be deemed to have agreed to the request, except that for a waiver request relating to programs eligible under section 403(b)(2) or section 403(c), the Secretary shall be deemed to have denied the request. ####
(7)Finality A decision of the Secretary under this section shall be final for the Department.
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