Regulations

U.S.C. Title 25 - INDIANS 25 U.S.C. United States Code, 2023 Edition Title 25 - INDIANS CHAPTER 46 - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE SUBCHAPTER V - TRIBAL SELF-GOVERNANCE-INDIAN HEALTH SERVICE Sec. 5397 - Regulations From the U.S. Government Publishing Office, www.gpo.gov

§5397. 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 subchapter. (2) 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 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 chapter. (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 subchapter. (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 5324(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.)

Editorial Notes

References in Text This chapter, referred to in subsec. (b)(1), was in the original "this Act", meaning Pub. L. 93–638, Jan. 4, 1975, 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.