§4116 — Title 25 Indians | U.S. Code

Summary

The Secretary must publish a notice in the Federal Register within 90 days after October 26, 1996 that sets out how to move from the old housing assistance rules to the new chapter. That notice must ask for public comments and include a general notice of proposed rulemaking. The Secretary must issue final rules needed to carry out the chapter by September 1, 1997, and those rules must be effective by the chapter’s effective date, October 26, 1996. All rules under this chapter, including future changes after October 26, 1996, must be made using a negotiated rulemaking process under the federal negotiated-rulemaking law. For any reauthorization (including the 2008 reauthorization), the Secretary must set up a negotiated rulemaking committee within 180 days after that law is enacted, adapt the process to the government-to-government relationship with tribes, and make sure the committee has only federal and geographically diverse tribal representatives (small, medium, and large). Tribally designated housing entities may join if tribes choose them. The Secretary must start negotiated rulemaking within 90 days after such reauthorization and finish proposed regulations within 2 years. The Secretary must review these rules with tribes at least once every 7 years. Effective date: October 26, 1996.

Title 25, §4116

Indians — Source: USLM XML via OLRC

(a)(1)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.

(2)The notice issued under paragraph (1) shall—

(A)invite public comments regarding such transition requirements and final regulations to carry out this chapter; and

(B)include a general notice of proposed rulemaking (for purposes of section 564(a) of title 5) of the final regulations under subsection (b).

(b)(1)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.

(2)(A)Notwithstanding section 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.

(B)(i)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).

(ii)In establishing the negotiated rulemaking committee, the Secretary shall—

(I)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

(II)shall not preclude the participation of tribally designated housing entities should tribes elect to be represented by such entities.

(C)The Secretary shall—

(i)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

(ii)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.

(D)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.

(c)This section shall take effect on October 26, 1996.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (b), was in the original “this Act”, meaning Pub. L. 104–330, Oct. 26, 1996, 110 Stat. 4016, known as the Native American Housing Assistance and Self-Determination Act of 1996. For complete classification of this Act to the Code, see

Short Title

note set out under section 4101 of this title and Tables. For the

Effective Date

of this chapter, referred to in subsecs. (a)(1) and (b)(1), as Oct. 1, 1997, except as otherwise expressly provided, see section 107 of Pub. L. 104–330, set out as an

Effective Date

note under section 4101 of this title. The United States Housing Act of 1937, referred to in subsec. (a)(1), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified generally to chapter 8 (§ 1437 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 1437 of Title 42 and Tables. The date of enactment of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008, referred to in subsec. (b)(2)(B)(i), (C), is the date of enactment of Pub. L. 110–411, which was approved Oct. 14, 2008.

Amendments

2008—Subsec. (b)(2)(B)(i). Pub. L. 110–411, § 105(1), substituted “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” for “The Secretary”. Subsec. (b)(2)(C), (D). Pub. L. 110–411, § 105(2), added subpars. (C) and (D). 2002—Subsec. (b)(2)(A). Pub. L. 107–292 inserted “, including any

Regulations

that may be required pursuant to

Amendments

made to this chapter after October 26, 1996,” after “required under this chapter”.

§4116 Regulations

Summary

Title 25, §4116

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Effective Date

Effective Date

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Amendments

Regulations

Amendments

Citations & Metadata