istrative requirement, regulation, policy, or proce-
dure promulgated by the agency that has been iden-
tified by the parties under subparagraph (b). 
‘‘(2) EXCEPTION.—The head of an affected 
Federal agency shall not grant a waiver under para-
graph (1) if the head of the affected agency deter-
mines that a waiver will be inconsistent with— 
‘‘(A) the purposes of this Act; or 
‘‘(B) the provision of law from which the 
program included in the plan derives its author-
ity that is specifically applicable to Indians. 
‘‘(e) DECISION ON WAIVER REQUEST.— 
‘‘(1) IN
GENERAL.—Not later than 90 days 
after the head of an affected agency receives a waiv-
er request, the head of the affected agency shall de-
cide whether to grant or deny the request. 
‘‘(2) DENIAL OF REQUEST.—If the head of the 
affected agency denies a waiver request, not later 
than 30 days after the date on which the denial is 
made, the head of the affected agency shall provide 
the requesting Indian tribe and the Secretary 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 does not make a decision 
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‘‘(2) DURATION.—A dispute subject to para-
graph (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 and an affected agency, the head of the af-
fected agency 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 sec-
tion, the Secretary shall provide the requesting Indian 
tribe with— 
‘‘(1) the final decision on the waiver request; 
and 
‘‘(2) notice of the right to file an appeal in ac-
cordance with the applicable provisions described in 
section 8(d).’’. 
SEC. 9. PLAN APPROVAL; SECRETARIAL AUTHORITY; RE-
VIEW OF DECISION. 
Section 8 of the Indian Employment, Training and 
Related Services Act of 1992 (25 U.S.C. 3407) is amend-
ed to read as follows: 
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‘‘SEC. 8. PLAN APPROVAL; SECRETARIAL AUTHORITY; RE-
VIEW OF DECISION. 
‘‘(a) IN GENERAL.—The Secretary shall have exclu-
sive authority to approve or disapprove a plan submitted 
by an Indian tribe in accordance with section 6. 
‘‘(b) APPROVAL PROCESS.— 
‘‘(1) IN
GENERAL.—Not later than 90 days 
after the date on which the Secretary receives a 
plan, the Secretary shall approve or deny the plan. 
‘‘(2) APPROVAL.—If the Secretary approves a 
plan under paragraph (1), the Secretary shall au-
thorize the transfer of program funds identified in 
the plan in accordance with section 13. 
‘‘(3) DENIAL.—If the Secretary denies the plan 
under paragraph (1), the Secretary shall provide to 
the Indian tribe a written notification of disapproval 
of the plan that contains a specific finding that 
clearly demonstrates, or that is supported by a con-
trolling legal authority, that the plan does not meet 
the requirements described in section 6. 
‘‘(4) PARTIAL APPROVAL.— 
‘‘(A) IN
GENERAL.—If a plan is denied 
under paragraph (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 res-
olution) under section 7, the Secretary shall, 
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