25 U.S.C. § 4116 — Regulations
submitted 30 years ago by Pub. L. 104-330 to r/title-25-INDIANS · 529 words · no verdicts yet
The Secretary had to establish transition requirements and final regulations for moving to this chapter’s assistance system. Later regulations must use negotiated rulemaking adapted to tribal government relationships and must be reviewed at least every seven years.
(a)(1) Within 90 days after October 26, 1996, the Secretary* had to publish Federal Register notice establishing requirements for moving from assistance under the United States Housing Act of 1937 and related laws to assistance under this chapter and its amendments. (2) The notice had to invite public comments on transition requirements and final regulations and include the general proposed-rule notice required by title 5 section 564(a). (b)(1) The Secretary had to issue final regulations by September 1, 1997, effective no later than this chapter’s effective date. (2)(A) Despite title 5 sections 563(a) and 565(a), all required regulations, including regulations required by later amendments, must use negotiated rulemaking under title 5 chapter 5 subchapter III. (B)(i) Within 180 days after enactment of the 2008 Native American Housing Assistance and Self-Determination Reauthorization Act or another reauthorization Act, the Secretary must create a negotiated-rulemaking committee under that subchapter. (ii) The Secretary must adapt the procedure to the government-to-government relationship, include only Federal representatives and geographically diverse small, medium, and large tribes, and not bar tribally designated housing entities if tribes choose them as representatives. (C) The Secretary must begin the negotiated rulemaking within 90 days after such reauthorization enactment and issue the regulations within two years after it. (D) At least every seven years, after consulting tribes, the Secretary must review the regulations then in effect. (c) This section took effect October 26, 1996.
Not later than 90 days after October 26, 1996, the Secretary* shall, by notice issued in the Federal Register, establish any requirements necessary to provide for the transition (upon the effectiveness of this chapter and the amendments made by this chapter) from the provision of assistance for Indian* tribes and Indian housing authorities under the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] and other related provisions of law to the provision of assistance in accordance with this chapter and the amendments made by this chapter.
The notice issued under paragraph (1) shall—
invite public comments regarding such transition requirements and final regulations to carry out this chapter; and
include a general notice of proposed rulemaking (for purposes of section 564(a) of title 5) of the final regulations under subsection (b).
The Secretary shall issue final regulations necessary to carry out this chapter not later than September 1, 1997, and such regulations shall take effect not later than the effective date of this chapter.
Notwithstanding sections 563(a) and 565(a) of title 5, all regulations required under this chapter, including any regulations that may be required pursuant to amendments made to this chapter after October 26, 1996, shall be issued according to a negotiated rulemaking procedure under subchapter III of chapter 5 of title 5.
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 shall establish a negotiated rulemaking committee, in accordance with the procedures under that subchapter, for the development of proposed regulations under subparagraph (A).
In establishing the negotiated rulemaking committee, the Secretary shall—
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
shall not preclude the participation of tribally designated housing entities should tribes elect to be represented by such entities.
The Secretary shall—
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 chapter; and
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 chapter.
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.
This section shall take effect on October 26, 1996.
Source credit: (Pub. L. 104–330, title I, § 106, Oct. 26, 1996, 110 Stat. 4029; Pub. L. 107–292, § 6, Nov. 13, 2002, 116 Stat. 2054; Pub. L. 110–411, title I, § 105, Oct. 14, 2008, 122 Stat. 4324.)
- 1996Enacted · Pub. L. 104-330 · 110 Stat. 4029
- 2002Amended · Pub. L. 107-292 · 116 Stat. 2054
- 2008Amended · Pub. L. 110-411 · 122 Stat. 4324
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-330 on 1996-10-26.
all 0 arguments · sorted by: best
no arguments yet — make the first case