Title 25 — Indians
Chapter 46 — Indian Self-Determination and Education Assistance
§ 5397. Regulations
Statutory text
In general
Promulgation
Not later than 90 days after , the Secretary shall initiate procedures under subchapter III of chapter 5 of title 5 to negotiate and promulgate such regulations as are necessary to carry out this subchapter.
Publication of proposed regulations
Proposed regulations to implement this subchapter shall be published in the Federal Register by the Secretary no later than 1 year after .
Expiration of authority
The authority to promulgate regulations under paragraph (1) shall expire 21 months after .
Committee
In general
A negotiated rulemaking committee established pursuant to section 565 of title 5 to carry out this section shall have as its members only Federal and tribal government representatives, a majority of whom shall be nominated by and be representatives of Indian tribes with funding agreements under this chapter.
Requirements
The committee shall confer with, and accommodate participation by, representatives of Indian tribes, inter-tribal consortia, tribal organizations, and individual tribal members.
Adaptation of procedures
The Secretary shall adapt the negotiated rulemaking procedures to the unique context of self-governance and the government-to-government relationship between the United States and Indian tribes.
Effect
The lack of promulgated regulations shall not limit the effect of this subchapter.
Effect of circulars, policies, manuals, guidances, and rules
Unless expressly agreed to by the participating Indian tribe in the compact or funding agreement, the participating Indian tribe shall not be subject to any agency circular, policy, manual, guidance, or rule adopted by the Indian Health Service, except for the eligibility provisions of section 5324(g) of this title and regulations promulgated under 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.
Indian Self-Determination and Education Assistance Act
Pub. L. 93–638 title V § 517 · 88 Stat. 2204
Enacted · 25 U.S.C. § 5397
(Pub. L. 93–638, title V, § 517, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 730.)
Source evidence
Code source credit
(Pub. L. 93–638, title V, § 517, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 730.)
0 of 1 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
This chapter, referred to in subsec. (b)(1), was in the original “this Act”, meaning Pub. L. 93–638, , 88 Stat. 2203, known as the Indian Self-Determination and Education Assistance Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
Codification
Section was formerly classified to section 458aaa–16 of this title prior to editorial reclassification and renumbering as this section.
Credits
(Pub. L. 93–638, title V, § 517, as added Pub. L. 106–260, § 4, , 114 Stat. 730.)