25 U.S.C. § 5397 — Regulations
submitted 26 years ago by Pub. L. 93-638 to r/title-25-INDIANS · 279 words · no verdicts yet
This section requires negotiated regulations for tribal self-governance, sets rules for the negotiating committee, and protects the subchapter’s effect even without regulations. It also limits when Indian Health Service internal guidance binds a tribe.
(a) In general. (1) Within 90 days after August 18, 2000, the Secretary* must begin the title 5 negotiated-rulemaking process to issue regulations needed to carry out this subchapter. (2) Proposed regulations must be published in the Federal Register within 1 year after that date. (3) The authority to issue regulations under paragraph (1) ends 21 months after that date.
(b) Committee. (1) A negotiated-rulemaking committee under section 565 of title 5 may include only Federal and tribal government representatives. A majority must be nominated by and represent tribes with funding agreements under this chapter. (2) The committee must consult with and allow participation by tribes, intertribal consortia, tribal organizations, and individual tribal members.
(c) Adaptation. The Secretary must adapt the negotiated-rulemaking process to self-governance’s unique setting and the government-to-government relationship between the United States and tribes.
(d) Effect. The absence of issued regulations does not limit this subchapter’s effect.
(e) Circulars and other guidance. Unless the participating tribe expressly agrees in its compact or funding agreement, it is not subject to an Indian Health Service circular, policy, manual, guidance, or rule, except for section 5324(g)’s eligibility provisions and regulations issued under this section.
Not later than 90 days after August 18, 2000, 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.
Proposed regulations to implement this subchapter shall be published in the Federal Register by the Secretary no later than 1 year after August 18, 2000.
The authority to promulgate regulations under paragraph (1) shall expire 21 months after August 18, 2000.
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.
The committee shall confer with, and accommodate participation by, representatives of Indian tribes, inter-tribal consortia, tribal organizations, and individual tribal members.
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.
The lack of promulgated regulations shall not limit the effect of this subchapter.
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.
Source credit: (Pub. L. 93–638, title V, § 517, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 730.)
- 2000Enacted · Pub. L. 93-638 · 114 Stat. 730
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-638 on 2000-08-18.
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