---
kind: "section"
citation: "25 U.S.C. § 3407"
title: "25"
title_heading: "Indians"
number: "3407"
heading: "Plan approval; Secretarial authority; review of decision"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/3407"
units:
  - "Chapter 36 — Indian Employment, Training and Related Services"
---

# §3407. Plan approval; Secretarial authority; review of decision

- (a) **In general—** The [Secretary](/usc/25/3402.md?p=5) shall have exclusive authority to approve or disapprove a plan submitted by an [Indian tribe](/usc/25/3402.md?p=2-A) in accordance with [section 3405 of this title](/usc/25/3405.md).
- (b) **Approval process—**
  - (1) **In general—** Not later than 90 days after the date on which the [Secretary](/usc/25/3402.md?p=5) receives a plan, the [Secretary](/usc/25/3402.md?p=5) shall, after coordinating with the [Secretary](/usc/25/3402.md?p=5) of each Federal [agency](/usc/25/3402.md?p=1) providing funds to be used to implement the plan, approve or deny the plan.
  - (2) **Approval—** If the [Secretary](/usc/25/3402.md?p=5) approves a plan under [paragraph (1)](#b-1), the [Secretary](/usc/25/3402.md?p=5) shall authorize the transfer of [program](/usc/25/3402.md?p=4) funds identified in the plan in accordance with [section 3412 of this title](/usc/25/3412.md).
  - (3) **Denial—** If the [Secretary](/usc/25/3402.md?p=5) denies the plan under [paragraph (1)](#b-1), the [Secretary](/usc/25/3402.md?p=5) shall provide to the [Indian tribe](/usc/25/3402.md?p=2-A) a written notification of disapproval of the plan that contains a specific finding that clearly demonstrates, or that is supported by a controlling legal authority, that the plan does not meet the requirements described in [section 3405 of this title](/usc/25/3405.md).
  - (4) **Partial approval—**
    - (A) **In general—** If a plan is denied under [paragraph (3)](#b-3) solely on the basis that a request for a waiver that is part of the plan has not been approved (or is subject to dispute resolution) under [section 3406 of this title](/usc/25/3406.md), the [Secretary](/usc/25/3402.md?p=5) shall, upon a request from the [tribe](/usc/25/3402.md?p=2-A), grant partial approval for those portions of the plan not affected by the request for a waiver.
    - (B) **Approval after resolution—** With respect to a plan described in [subparagraph (A)](#b-4-A), on resolution of the request for a waiver under [section 3406 of this title](/usc/25/3406.md), the [Secretary](/usc/25/3402.md?p=5) shall, on a request from the [tribe](/usc/25/3402.md?p=2-A), approve the plan or amended plan not later than 90 days after the date on which the [Secretary](/usc/25/3402.md?p=5) receives the request.
  - (5) **Failure to act—** If the [Secretary](/usc/25/3402.md?p=5) does not make a decision under [paragraph (1)](#b-1) within 90 days of the date on which the [Secretary](/usc/25/3402.md?p=5) receives the plan, the plan shall be considered to be approved.
- (c) **Extension of time—** Notwithstanding any other provision of law, the [Secretary](/usc/25/3402.md?p=5) may extend or otherwise alter the 90-day period identified in [subsection (b)(1)](#b-1) for not more than 90 additional days, if, before the expiration of the period, the [Secretary](/usc/25/3402.md?p=5) obtains the express written consent of the [Indian tribe](/usc/25/3402.md?p=2-A).
- (d) **Review of denial—**
  - (1) **Procedure upon refusal to approve plan—** If the [Secretary](/usc/25/3402.md?p=5) denies a plan under [subsection (b)(3)](#b-3), the [Secretary](/usc/25/3402.md?p=5) shall—
    - (A) state any objections in writing to the [Indian tribe](/usc/25/3402.md?p=2-A);
    - (B) provide assistance to the [Indian tribe](/usc/25/3402.md?p=2-A) to overcome the stated objections; and
    - (C) unless the [Indian tribe](/usc/25/3402.md?p=2-A) brings a civil action under [paragraph (2)](#d-2), provide the [Indian tribe](/usc/25/3402.md?p=2-A) with a hearing on the record with the right to engage in full discovery relevant to any issue raised in the matter and the opportunity for appeal on the objections raised, under such rules and regulations as the [Secretary](/usc/25/3402.md?p=5) may promulgate.
  - (2) **Civil actions—**
    - (A) **In general—** The district courts of the United States shall have original jurisdiction of a civil action against the appropriate [Secretary](/usc/25/3402.md?p=5) arising under this section.
    - (B) **Administrative hearing and appeal not required—** An [Indian tribe](/usc/25/3402.md?p=2-A) may bring a civil action under this paragraph without regard to whether the [Indian tribe](/usc/25/3402.md?p=2-A) had a hearing or filed an appeal under [paragraph (1)](#d-1).
    - (C) **Relief—** In an action brought under this paragraph, the court may order appropriate relief (including injunctive relief to reverse a denial of a plan under this section or to compel an officer or employee of the United States, or any [agency](/usc/25/3402.md?p=1) thereof, to perform a duty provided under this chapter or regulations promulgated thereunder) against any action by an officer or employee of the United States or any [agency](/usc/25/3402.md?p=1) thereof contrary to this chapter or regulations promulgated thereunder.
  - (3) **Final agency action—** Notwithstanding any other provision of law, a decision by an official of the Department of the Interior or the Department of Health and Human Services, as appropriate (collectively referred to in this paragraph as the “Department”) that constitutes final [agency](/usc/25/3402.md?p=1) action and that relates to an appeal within the Department that is conducted under [paragraph (1)(C)](#d-1-C) shall be made—
    - (A) by an official of the Department who holds a position at a higher organizational level within the Department than the level of the departmental [agency](/usc/25/3402.md?p=1) (such as the [Indian](/usc/25/3402.md?p=3) Health Service or the Bureau of [Indian](/usc/25/3402.md?p=3) Affairs) in which the decision that is the subject of the appeal was made; or
    - (B) by an administrative law judge.

## Source credit

(Pub. L. 102–477, § 8, Oct. 23, 1992, 106 Stat. 2303; Pub. L. 106–568, title XI, § 1103(d), Dec. 27, 2000, 114 Stat. 2932; Pub. L. 115–93, § 9, Dec. 18, 2017, 131 Stat. 2030.)

## Notes

### Editorial Notes

### Amendments

2017—Pub. L. 115–93 amended section generally. Prior to amendment, text read as follows: “Within 90 days after the receipt of a tribal government’s plan by the Secretary, the Secretary shall inform the tribal government, in writing, of the Secretary’s approval or disapproval of the plan, including any request for a waiver that is made as part of the plan submitted by the tribal government. If the plan is disapproved, the tribal government shall be informed, in writing, of the reasons for the disapproval and shall be given an opportunity to amend its plan or to petition the Secretary to reconsider such disapproval, including reconsidering the disapproval of any waiver requested by the Indian tribe.”

2000—Pub. L. 106–568 inserted “, including any request for a waiver that is made as part of the plan submitted by the tribal government” after “disapproval of the plan” and “, including reconsidering the disapproval of any waiver requested by the Indian tribe” after “reconsider such disapproval”.