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Title 25 — IndiansRelease 119-73

§5369 Facilitation

Title 25 › Chapter CHAPTER 46— - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE › Subchapter SUBCHAPTER IV— - TRIBAL SELF-GOVERNANCE—DEPARTMENT OF THE INTERIOR › § 5369

Last updated Apr 6, 2026|Official source

Summary

The Secretary must read federal laws and rules in a way that helps tribes put programs into funding agreements and carry out those agreements. A tribe can ask in writing for a rule waiver. The request must say which rule text to waive and why. The Secretary will pick Department officials to get a copy. The Secretary must approve or deny in writing within 120 days, unless the tribe and Secretary agree to extend. The Secretary can deny a waiver if federal law forbids it. If no decision comes in time, the waiver is treated as approved, except requests about programs under sections 5363(b)(2) or 5363(c), which are treated as denied. The Secretary’s decision is final for the Department.

Full Legal Text

Title 25, §5369

Indians — Source: USLM XML via OLRC

(a)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)(1)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)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)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)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)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)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 5363(b)(2) or section 5363(c) of this title, the Secretary shall be deemed to have denied the request.
(7)A decision of the Secretary under this section shall be final for the Department.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 101(a) of the PROGRESS for Indian Tribes Act, referred to in subsec. (a), is section 101(a) of Pub. L. 116–180, which is set out as a note under section 5361 of this title.

Reference

Citations & Metadata

Citation

25 U.S.C. § 5369

Title 25 — Indians

Last Updated

Apr 6, 2026

Release point: 119-73