25 U.S.C. § 5369: Facilitation

Summary

The Secretary must read and apply federal laws and rules so they help tribes put programs into funding agreements and carry out those agreements, unless another law says otherwise (including section 101(a) of the PROGRESS for Indian Tribes Act). An Indian Tribe can ask the Secretary in writing to waive a specific federal rule. The request must name the exact text and explain why. The Secretary must approve or deny in writing within 120 days after getting the request and copies to officials the Secretary names. The tribe and Secretary can agree to more time. The Secretary can only deny a request if a federal law forbids the waiver. If no decision is made in time (including any agreed extension), the request is treated as approved, except for requests tied to programs under sections 5363(b)(2) or 5363(c), which are treated as denied. The Secretary’s decision is final for the Department.

Title 25, §5369

Indians, Source: USLM XML via OLRC

(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 5363(b)(2) or section 5363(c) of this title, 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.

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.

§5369 Facilitation

Summary

Title 25, §5369

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata