§ 2018. Regional meetings and negotiated rulemaking

Statutory text

Regional meetings

Prior to publishing any proposed regulations under subsection (b)(1), and prior to establishing the negotiated rulemaking committee under subsection (b)(3), the Secretary shall convene regional meetings to consult with personnel of the Office of Indian Education Programs, educators at Bureau schools, and tribal officials, parents, teachers, administrators, and school board members of tribes served by Bureau-funded schools to provide guidance to the Secretary on the content of regulations authorized to be promulgated under this chapter and the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.].

Negotiated rulemaking

In general

Notwithstanding sections 563(a) and 565(a) of title 5, the Secretary shall promulgate regulations authorized under subsection (a) and under the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.], in accordance with the negotiated rulemaking procedures provided for under subchapter III of chapter 5 of title 5, and shall publish final regulations in the Federal Register.

Notification to Congress

If draft regulations implementing this chapter and the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.] are not promulgated in final form within 18 months after January 8, 2002, the Secretary shall notify the appropriate committees of Congress of which draft regulations were not promulgated in final form by the deadline and the reason such final regulations were not promulgated.

Rulemaking committee

The Secretary shall establish a negotiated rulemaking committee to carry out this subsection. In establishing such committee, the Secretary shall—

apply the procedures provided for under subchapter III of chapter 5 of title 5 in a manner that reflects the unique government-to-government relationship between Indian tribes and the United States;

ensure that the membership of the committee includes only representatives of the Federal Government and of tribes served by Bureau-funded schools;

select the tribal representatives of the committee from among individuals nominated by the representatives of the tribal and tribally operated schools;

ensure, to the maximum extent possible, that the tribal representative membership on the committee reflects the proportionate share of students from tribes served by the Bureau-funded school system; and

comply with chapter 10 of title 5.

Special rule

The Secretary shall carry out this section using the general administrative funds of the Department of the Interior. In accordance with subchapter III of chapter 5 of title 5 and section 1006(d) of title 5, payment of costs associated with negotiated rulemaking shall include the reasonable expenses of committee members.

Application of section

Supremacy of provisions

The provisions of this section shall supersede any conflicting regulations in effect on the day before the date of enactment of this chapter, and the Secretary may repeal any regulation that is inconsistent with the provisions of this chapter.

Modifications

The Secretary may modify regulations promulgated under this section or the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.], only in accordance with this section.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

2002
Education Amendments of 1978
Pub. L. 95–561 title XI § 1138 · 92 Stat. 2143
Enacted · 25 U.S.C. § 2018
Pub. L. 95–561, title XI, § 1138, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2057
Source evidence
Code source credit
Pub. L. 95–561, title XI, § 1138, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2057
Enacted provision · exact public law section
Sec. 1138. regulations Regulations required to be adopted under sections 1126 25 USC 2018. through 1137 of this Act shall be deemed rules of general applicability prescribed for the administration of an applicable program for the purposes of section 431 of the General Education Provisions Act and 20 USC 1232. shall be promulgated, submitted for congressional review, and take effect in accordance with the provisions of such section.
2022
Pub. L. 117–286 § 4(a)(182)(A) · 136 Stat. 4196
Substituted · 25 U.S.C. § 2018(b)(3)(E)
Pub. L. 117–286, § 4(a)(182)(A), substituted “chapter 10 of title 5.” for “the Federal Advisory Committee Act (5 U.S.C. App.).”
Source evidence
Code amendment note
Subsec. (b)(3)(E). Pub. L. 117–286, § 4(a)(182)(A), substituted “chapter 10 of title 5.” for “the Federal Advisory Committee Act (5 U.S.C. App.).”
Enacted provision · exact public law section
(A) in paragraph (3)(E), by striking “the Federal Advisory Committee Act (5 U.S.C. App.).” and inserting “chapter 10 of title 5, United States Code.”; and
2022
Pub. L. 117–286 § 4(a)(182)(B) · 136 Stat. 4196
Substituted · 25 U.S.C. § 2018(b)(4)
Pub. L. 117–286, § 4(a)(182)(B), substituted “section 1006(d) of title 5,” for “section 7(d) of the Federal Advisory Committee Act,”
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 117–286, § 4(a)(182)(B), substituted “section 1006(d) of title 5,” for “section 7(d) of the Federal Advisory Committee Act,”.
Enacted provision · exact public law section
(B) in paragraph (4), by striking “section 7(d) of the Federal Advisory Committee Act,” and inserting “section 1006(d) of title 5, United States Code,”.

3 of 3 references resolved to an enrolled provision

Editorial Notes

References in Text

The Tribally Controlled Schools Act of 1988, referred to in subsecs. (a), (b)(1), (2), and (c)(2), is part B (§ 5201–5212) of title V of Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 385, as amended, which is classified generally to chapter 27 (§ 2501 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of this title and Tables.

The date of enactment of this chapter, referred to in subsec. (c)(1), probably means the date of enactment of Pub. L. 107–110, which amended this chapter generally and was approved Jan. 8, 2002.

Prior Provisions

A prior section 2018, Pub. L. 95–561, title XI, § 1138, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 4011, related to rights of Indian students, prior to the general amendment of this chapter by Pub. L. 107–110. See section 2016 of this title.

Another prior section 2018, Pub. L. 95–561, title XI, § 1138, Nov. 1, 1978, 92 Stat. 2327; Pub. L. 98–511, title V, § 510, Oct. 19, 1984, 98 Stat. 2397, related to regulations implementing administrative provisions, prior to the general amendment of this chapter by Pub. L. 103–382.

Amendments

2022—Subsec. (b)(3)(E). Pub. L. 117–286, § 4(a)(182)(A), substituted “chapter 10 of title 5.” for “the Federal Advisory Committee Act (5 U.S.C. App.).”

Subsec. (b)(4). Pub. L. 117–286, § 4(a)(182)(B), substituted “section 1006(d) of title 5,” for “section 7(d) of the Federal Advisory Committee Act,”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as a note under section 6301 of Title 20, Education.

Credits

2002–2022 · 2 acts

2002Pub. L. 95–561, title XI, § 1138, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2057
2022amended Pub. L. 117–286, § 4(a)(182), Dec. 27, 2022, 136 Stat. 4326.

Show as published

(Pub. L. 95–561, title XI, § 1138, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2057; amended Pub. L. 117–286, § 4(a)(182), Dec. 27, 2022, 136 Stat. 4326.)