---
kind: "section"
citation: "25 U.S.C. § 3406"
title: "25"
title_heading: "Indians"
number: "3406"
heading: "Plan review"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/3406"
units:
  - "Chapter 36 — Indian Employment, Training and Related Services"
---

# §3406. Plan review

- (a) **In general—** Upon receipt of a plan from an [Indian tribe](/usc/25/3402.md?p=2-A), the [Secretary](/usc/25/3402.md?p=5) shall consult with—
  - (1) the head of each Federal [agency](/usc/25/3402.md?p=1) overseeing a [program](/usc/25/3402.md?p=4) identified in the plan; and
  - (2) the [Indian tribe](/usc/25/3402.md?p=2-A) that submitted the plan.
- (b) **Identification of waivers—** The parties identified in [subsection (a)](#a) shall identify any waivers of applicable statutory, regulatory, or administrative requirements, or of Federal [agency](/usc/25/3402.md?p=1) policies or procedures necessary to enable the [Indian tribe](/usc/25/3402.md?p=2-A) to efficiently implement the plan.
- (c) **Tribal waiver request—** In consultation with the [Secretary](/usc/25/3402.md?p=5), a participating [Indian tribe](/usc/25/3402.md?p=2-A) may request that the head of each affected [agency](/usc/25/3402.md?p=1) waive any statutory, regulatory, or administrative requirement, policy, or procedure identified subsection[^1] (b).
- (d) **Waiver authority—**
  - (1) **In general—** Except as provided in [paragraph (2)](#d-2), notwithstanding any other provision of law, the head of each affected Federal [agency](/usc/25/3402.md?p=1) shall waive any applicable statutory, regulatory, or administrative requirement, regulation, policy, or procedure promulgated by the [agency](/usc/25/3402.md?p=1) that has been identified by the parties under subparagraph[^2] (b).
  - (2) **Exception—** The head of an affected Federal [agency](/usc/25/3402.md?p=1) shall not grant a waiver under [paragraph (1)](#d-1) if the head of the affected [agency](/usc/25/3402.md?p=1) determines that a waiver will be inconsistent with—
    - (A) the purposes of this chapter; or
    - (B) the provision of law from which the [program](/usc/25/3402.md?p=4) included in the plan derives its authority that is specifically applicable to [Indians](/usc/25/3402.md?p=3).
- (e) **Decision on waiver request—**
  - (1) **In general—** Not later than 90 days after the head of an affected [agency](/usc/25/3402.md?p=1) receives a waiver request, the head of the affected [agency](/usc/25/3402.md?p=1) shall decide whether to grant or deny the request.
  - (2) **Denial of request—** If the head of the affected [agency](/usc/25/3402.md?p=1) denies a waiver request, not later than 30 days after the date on which the denial is made, the head of the affected [agency](/usc/25/3402.md?p=1) shall provide the requesting [Indian tribe](/usc/25/3402.md?p=2-A) and the [Secretary](/usc/25/3402.md?p=5) with written notice of the denial and the reasons for the denial.
  - (3) **Failure to act on request—** If the head of an affected [agency](/usc/25/3402.md?p=1) does not make a decision under [paragraph (1)](#e-1) by the deadline identified in that paragraph, the request shall be considered to be granted.
- (f) **Secretarial review—** If the head of an affected [agency](/usc/25/3402.md?p=1) denies a waiver request under [subsection (e)(2)](#e-2), not later than 30 days after the date on which the request is denied, the [Secretary](/usc/25/3402.md?p=5) shall review the denial and determine whether granting the waiver—
  - (1) will be inconsistent with the provisions of this chapter; or
  - (2) will prevent the affected [agency](/usc/25/3402.md?p=1) from fulfilling the obligations of the affected [agency](/usc/25/3402.md?p=1) under this chapter.
- (g) **Interagency dispute resolution—**
  - (1) **In general—** Not later than 30 days after the date on which the [Secretary](/usc/25/3402.md?p=5) determines that granting the waiver will not be inconsistent with the provisions of this chapter and will not prevent the affected [agency](/usc/25/3402.md?p=1) from fulfilling the obligations of the affected [agency](/usc/25/3402.md?p=1) under this chapter, the [Secretary](/usc/25/3402.md?p=5) shall establish and initiate an interagency dispute resolution process involving—
    - (A) the [Secretary](/usc/25/3402.md?p=5);
    - (B) the participating [Indian tribe](/usc/25/3402.md?p=2-A); and
    - (C) the head of the affected [agency](/usc/25/3402.md?p=1).
  - (2) **Duration—** A dispute subject to [paragraph (1)](#g-1) shall be resolved not later than 30 days after the date on which the process is initiated.
- (h) **Final authority—** If the dispute resolution process fails to resolve the dispute between a participating [Indian tribe](/usc/25/3402.md?p=2-A) and an affected [agency](/usc/25/3402.md?p=1), the head of the affected [agency](/usc/25/3402.md?p=1) shall have the final authority to resolve the dispute.
- (i) **Final decision—** Not later than 10 days after the date on which the dispute is resolved under this section, the [Secretary](/usc/25/3402.md?p=5) shall provide the requesting [Indian tribe](/usc/25/3402.md?p=2-A) with—
  - (1) the final decision on the waiver request; and
  - (2) notice of the right to file an appeal in accordance with the applicable provisions described in [section 3407(d) of this title](/usc/25/3407.md?p=d).

## Footnotes

[^1]: So in original.
[^2]: So in original. Probably should be “subsection”.

## Source credit

(Pub. L. 102–477, § 7, Oct. 23, 1992, 106 Stat. 2303; Pub. L. 106–568, title XI, § 1103(c), Dec. 27, 2000, 114 Stat. 2932; Pub. L. 115–93, § 8, Dec. 18, 2017, 131 Stat. 2029.)

## Notes

### Editorial Notes

### Amendments

2017—Pub. L. 115–93 amended section generally. Prior to amendment, text read as follows: “Upon receipt of the plan from a tribal government, the Secretary of the Interior shall consult with the Secretary of each Federal agency providing funds to be used to implement the plan, and with the tribal government submitting the plan. The parties so consulting shall identify any waivers of statutory requirements or of Federal agency regulations, policies, or procedures necessary to enable the tribal government to implement its plan. Notwithstanding any other provision of law, the Secretary of the affected agency shall have the authority to waive any statutory requirement, regulation, policy, or procedure promulgated by that agency that has been so identified by such tribal government or agency, unless the Secretary of the affected agency determines that such a waiver is inconsistent with the purposes of this chapter or those provisions of the statute from which the program involved derives its authority which are specifically applicable to Indian programs.”

2000—Pub. L. 106–568 substituted “Federal agency” for “Federal department” and “Federal agency regulations” for “Federal departmental regulations”, substituted “agency” for “department” wherever appearing, and inserted “statutory requirement,” after “to waive any”.