Is a failure to exhaust administrative remedies a bar to federal subject matter jurisdiction?

By contrast, we have found the failure to exhaust administrative remedies to be a bar to federal subject matter jurisdiction where the exhaustion statute explicitly limits the grant of subject matter jurisdiction and is an integral part of the statute granting jurisdiction. In Henderson v. Bank of New England, 986 F.2d 319 (9th Cir.1993), we examined the administrative review process set forth in 12 U.S.C. 1821(d)(3)-(10) and the limitation upon further judicial review imposed by 12 U.S.C. 1821(d)(13)(D), which states as follows:

Except as otherwise provided in this subsection, no court shall have jurisdiction over