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U.S. Code, Title 25, Indians
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General SummaryThe U.S. Code is a consolidation and codification by subject matter of the general and permanent laws of the United States. While every effort has been made to ensure that this reproduction of the Code is accurate, those using it for legal purposes should verify their results against the printed version of the Code available through the Government Printing Office.
§ 458aaa–16. Regulations
(a) In general
(1) Promulgation
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 part.
(2) Publication of proposed regulations
Proposed regulations to implement this part shall be published in the Federal Register by the Secretary no later than 1 year after August 18, 2000.
(3) Expiration of authority
The authority to promulgate regulations under paragraph (1) shall expire 21 months after August 18, 2000.
(b) Committee
(1) 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 subchapter.
(2) Requirements
The committee shall confer with, and accommodate participation by, representatives of Indian tribes, inter-tribal consortia, tribal organizations, and individual tribal members.
(c) 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.
(d) Effect
The lack of promulgated regulations shall not limit the effect of this part.
(e) 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 450j(g) of this title and regulations promulgated under this section.
(Pub. L. 93–638, title V, § 517, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 730.)
Section Referred to in Other Sections
This section is referred to in sections 458aaa–6, 458aaa–11 of this title.
Contents:
Chicago: "U.S. Congress, Office of the Law Revision Counsel", "§ 458aaa– 16. Regulations," U.S. Code, Title 25, Indians in U.S. Code, Title 25, Indians (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed April 26, 2024, http://www.originalsources.com/Document.aspx?DocID=5AKWYXKWE6FQFLH.
MLA: "U.S. Congress, Office of the Law Revision Counsel". "§ 458aaa– 16. Regulations." U.S. Code, Title 25, Indians, in U.S. Code, Title 25, Indians, Washington, D.C., Government Printing Office, 2002, Original Sources. 26 Apr. 2024. http://www.originalsources.com/Document.aspx?DocID=5AKWYXKWE6FQFLH.
Harvard: "U.S. Congress, Office of the Law Revision Counsel", '§ 458aaa– 16. Regulations' in U.S. Code, Title 25, Indians. cited in 2002, U.S. Code, Title 25, Indians, Government Printing Office, Washington, D.C.. Original Sources, retrieved 26 April 2024, from http://www.originalsources.com/Document.aspx?DocID=5AKWYXKWE6FQFLH.
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