§ 4116. Regulations

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.

1. 1996

   Native American Housing Assistance and Self-Determination Act of 1996

   Pub. L. 104–330 title I § 106 · 110 Stat. 4016

   Enacted · 25 U.S.C. § 4116

   Pub. L. 104–330, title I, § 106, Oct. 26, 1996, 110 Stat. 4029

   Source evidence

   Code source credit
   Pub. L. 104–330, title I, § 106, Oct. 26, 1996, 110 Stat. 4029

   Enacted provision · exact public law section
   SEC. 106. REGULATIONS. (a) Transition Requirements.— (1) In general.— Not later than 90 days after the date Federal Register, publication. of the enactment of this Act, the Secretary shall, by notice issued in the Federal Register, establish any requirements necessary to provide for the transition (upon the effectiveness of this Act and the amendments made by this Act) from the provision of assistance for Indian tribes and Indian housing authorities under the United States Housing Act of 1937 and other related provisions of law to the provision of assistance in accordance with tins Act and the amendments made by this Act. (2) Public comments; general notice of proposed rulemaking.— The notice issued under paragraph (1) shall— (A) invite public comments regarding such transition requirements and final regulations to carry out this Act; and (B) include a general notice of proposed rulemaking (for purposes of section 564(a) of title 5, United States Code) of the final regulations under subsection (b). (b) Final Regulations.— (1) Timing.— The Secretary shall issue final regulations necessary to carry out this Act not later than September 1, 1997, and such regulations shall take effect not later than the effective date of this Act. (2) Negotiated rulemaking procedure.— (A) In general.— Notwithstanding sections 563(a) and 565(a) of title 5, United States Code, all regulations required under this Act shall be issued according to a negotiated rulemaking procedure under subchapter III of chapter 5 of title 5, United States Code. (B) Committee.— (i) In general.— The Secretary shall establish a negotiated rulemaking committee, in accordance with the procedures under that subchapter, for the development of proposed regulations under subparagraph (A). (ii) Adaptation.— In establishing the negotiated rulemaking committee, the Secretary shall— (I) adapt the procedures under the subchapter described in clause (i) to the unique government-to-government relationship between the Indian tribes and the United States, and shall ensure that the membership of the committee include only representatives of the Federal Government and of geographically diverse small, medium, and large Indian tribes; and (II) shall not preclude the participation of tribally designated housing entities should tribes elect to be represented by such entities. (c) Effective Date.— This section shall take effect on the date of the enactment of this Act.

2. 2002

   Native American Housing Assistance and Self-Determination Reauthorization Act of 2002

   Pub. L. 107–292 § 6 · 116 Stat. 2053

   Inserted · 25 U.S.C. § 4116(b)(2)(A)

   Pub. L. 107–292 inserted “, including any regulations that may be required pursuant to amendments made to this chapter after October 26, 1996,” after “required under this chapter”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(A). Pub. L. 107–292 inserted “, including any regulations that may be required pursuant to amendments made to this chapter after October 26, 1996,” after “required under this chapter”.

   Enacted provision · exact public law section
   SEC. 6. REGULATIONS. Section 106(b)(2)(A) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4116(b)(2)(A)) is amended by inserting after “required under this Act” the following: “, including any regulations that may be required pursuant to amendments made to this Act after the date of enactment of this Act,”.

3. 2008

   Native American Housing Assistance and Self-Determination Reauthorization Act of 2008

   Pub. L. 110–411 § 105(1) · 122 Stat. 4319

   Substituted · 25 U.S.C. § 4116(b)(2)(B)(i)

   Pub. L. 110–411, § 105(1), substituted “Not later than 180 days after the date of enactment of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 and any other Act to reauthorize this chapter, the Secretary” for “The Secretary”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(B)(i). Pub. L. 110–411, § 105(1), substituted “Not later than 180 days after the date of enactment of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 and any other Act to reauthorize this chapter, the Secretary” for “The Secretary”.

   Enacted provision · exact public law section
   (1) in subparagraph (B)(i), by striking “The Secretary” and inserting “Not later than 180 days after the date of enactment of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 and any other Act to reauthorize this Act, the Secretary”; and

4. 2008

   Native American Housing Assistance and Self-Determination Reauthorization Act of 2008

   Pub. L. 110–411 § 105(2) · 122 Stat. 4319

   Added · 25 U.S.C. § 4116(b)(2)(C); 25 U.S.C. § 4116(b)(2)(D)

   Pub. L. 110–411, § 105(2), added subpars. (C) and (D)

   Source evidence

   Code amendment note
   Subsec. (b)(2)(C), (D). Pub. L. 110–411, § 105(2), added subpars. (C) and (D).

   Enacted provision · exact public law section
   (2) by adding at the end the following: “(C) Subsequent negotiated rulemaking.— The Secretary shall— “(i) initiate a negotiated rulemaking in accordance with this section by not later than 90 days after the date of enactment of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 and any other Act to reauthorize this Act; and “(ii) promulgate regulations pursuant to this section by not later than 2 years after the date of enactment of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 and any other Act to reauthorize this Act. “(D) Review.— Not less frequently than once every 7 years, the Secretary, in consultation with Indian tribes, shall review the regulations promulgated pursuant to this section in effect on the date on which the review is conducted.” .

4 of 4 references resolved to an enrolled provision