HR 228 RDS
‘‘(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), as amend-
ed by section 2 of this Act, is amended to read as follows: 
‘‘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.— 
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‘‘(1) IN
GENERAL.—Not later than 90 days 
after the date on which the Secretary receives a 
plan, the Secretary shall, after coordinating with the 
Secretary of each Federal agency providing funds to 
be used to implement the plan, 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, 
upon a request from the tribe, grant partial ap-
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proval for those portions of the plan not af-
fected by the request for a waiver. 
‘‘(B) APPROVAL
AFTER
RESOLUTION.— 
With respect to a plan described in subpara-
graph (A), on resolution of the request for a 
waiver under section 7, the Secretary shall, on 
a request from the tribe, approve the plan or 
amended plan not later than 90 days after the 
date on which the Secretary receives the re-
quest. 
‘‘(5) FAILURE TO ACT.—If the Secretary does 
not make a decision under paragraph (1) within 90 
days of the date on which the Secretary receives the 
plan, the plan shall be considered to be approved. 
‘‘(c) EXTENSION
OF TIME.—Notwithstanding any 
other provision of law, the Secretary may extend or other-
wise alter the 90-day period identified in subsection (b)(1) 
for not more than 90 additional days, if, before the expira-
tion of the period, the Secretary obtains the express writ-
ten consent of the Indian tribe. 
‘‘(d) REVIEW OF DENIAL.— 
‘‘(1) PROCEDURE UPON REFUSAL TO APPROVE 
PLAN.—If the Secretary denies a plan under sub-
section (b)(3), the Secretary shall— 
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‘‘(A) state any objections in writing to the 
Indian tribe; 
‘‘(B) provide assistance to the Indian tribe 
to overcome the stated objections; and 
‘‘(C) unless the Indian tribe brings a civil 
action under paragraph (2), provide the Indian 
tribe 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 may pro-
mulgate. 
‘‘(2) CIVIL ACTIONS.— 
‘‘(A) IN GENERAL.—The district courts of 
the United States shall have original jurisdic-
tion of a civil action against the appropriate 
Secretary arising under this section. 
‘‘(B) ADMINISTRATIVE HEARING AND AP-
PEAL
NOT
REQUIRED.—An Indian tribe may 
bring a civil action under this paragraph with-
out regard to whether the Indian tribe had a 
hearing or filed an appeal under paragraph (1). 
‘‘(C) RELIEF.—In an action brought under 
this paragraph, the court may order appro-
priate relief (including injunctive relief to re-
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verse a denial of a plan under this section or 
to compel an officer or employee of the United 
States, or any agency thereof, to perform a 
duty provided under this Act or regulations pro-
mulgated thereunder) against any action by an 
officer or employee of the United States or any 
agency thereof contrary to this Act or regula-
tions 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 (col-
lectively referred to in this paragraph as the ‘De-
partment’) that constitutes final agency action and 
that relates to an appeal within the Department that 
is conducted under paragraph (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 de-
partmental agency (such as the Indian Health 
Service or the Bureau of Indian Affairs) in 
which the decision that is the subject of the ap-
peal was made; or 
‘‘(B) by an administrative law judge.’’. 
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SEC. 10. EMPLOYER TRAINING PLACEMENTS. 
Section 10 of the Indian Employment, Training and 
Related Services Act of 1992 (25 U.S.C. 3409), as amend-
ed by section 2 of this Act, is amended to read as follows: 
‘‘SEC. 10. EMPLOYER TRAINING PLACEMENTS. 
‘‘(a) IN GENERAL.—Subject to subsection (b), an In-
dian tribe that has in place an approved plan under this 
Act may use the funds made available for the plan under 
this Act— 
‘‘(1) to place participants in training positions 
with employers; and 
‘‘(2) to pay the participants a training allow-
ance or wage for a training period of not more than 
24 months, which may be nonconsecutive. 
‘‘(b) REQUIREMENTS.—An Indian tribe may carry 
out subsection (a) only if the Indian tribe enters into a 
written agreement with each applicable employer under 
which the employer shall agree— 
‘‘(1) to provide on-the-job training to the par-
ticipants; and 
‘‘(2) on satisfactory completion of the training 
period described in subsection (a)(2), to prioritize 
the provision of permanent employment to the par-
ticipants.’’. 
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