---
kind: "section"
citation: "25 U.S.C. § 5369"
title: "25"
title_heading: "Indians"
number: "5369"
heading: "Facilitation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/5369"
units:
  - "Chapter 46 — Indian Self-Determination and Education Assistance"
  - "Subchapter IV — Tribal Self-Governance—department of the Interior"
---

# §5369. Facilitation

- (a) **In general—** Except as otherwise provided by law (including [section 101(a)](/usc/25/101.md) of the PROGRESS for Indian Tribes Act), the [Secretary](/usc/25/5361.md?p=9) shall interpret each Federal law and regulation in a manner that facilitates—
  - (1) the inclusion of [programs](/usc/25/5361.md?p=8) in [funding agreements](/usc/25/5361.md?p=4); and
  - (2) the implementation of [funding agreements](/usc/25/5361.md?p=4).
- (b) **Regulation waiver—**
  - (1) **Request—** An [Indian Tribe](/usc/25/5381.md?p=b) may submit to the [Secretary](/usc/25/5361.md?p=9) 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](/usc/25/5361.md?p=9) and the designated officials under [paragraph (4)](#b-4) of a request under [paragraph (1)](#b-1), the [Secretary](/usc/25/5361.md?p=9) shall approve or deny the requested waiver in writing to the [Indian Tribe](/usc/25/5381.md?p=b).
  - (3) **Extensions—** The deadline described in [paragraph (2)](#b-2) may be extended for any length of time, as agreed upon by both the [Indian Tribe](/usc/25/5381.md?p=b) and the [Secretary](/usc/25/5361.md?p=9).
  - (4) **Designated officials—** The [Secretary](/usc/25/5361.md?p=9) shall designate one or more appropriate officials in the [Department](/usc/25/5361.md?p=3) to receive a copy of the waiver request described in [paragraph (1)](#b-1).
  - (5) **Grounds for denial—** The [Secretary](/usc/25/5361.md?p=9) may deny a request under [paragraph (1)](#b-1) upon a specific finding by the [Secretary](/usc/25/5361.md?p=9) 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](/usc/25/5361.md?p=9) fails to make a determination with respect to a waiver request within the period specified in [paragraph (2)](#b-2) (including any extension agreed to under [paragraph (3)](#b-3)), the [Secretary](/usc/25/5361.md?p=9) shall be deemed to have agreed to the request, except that for a waiver request relating to [programs](/usc/25/5361.md?p=8) eligible under [section 5363(b)(2)](/usc/25/5363.md?p=b-2) or [section 5363(c) of this title](/usc/25/5363.md?p=c), the [Secretary](/usc/25/5361.md?p=9) shall be deemed to have denied the request.
  - (7) **Finality—** A decision of the [Secretary](/usc/25/5361.md?p=9) under this section shall be final for the [Department](/usc/25/5361.md?p=3).

## Source credit

(Pub. L. 93–638, title IV, § 409, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 874.)

## Notes

### 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.