§5328 Rules and regulations

Summary

Stops the Secretaries of the Interior and Health and Human Services from making rules about tribal self-determination contracts except in a few listed areas. They may only make rules for specific administrative topics (like Federal Tort Claims, declination and waiver steps, appeals, grants under section 5322, property donations under section 5324(f), procurement, construction, reporting, and financial and property management). Any rules they make must follow sections 552 and 553 of title 5 and parts (c), (d), and (e) of this law, and must be published as one set in title 25 of the Code of Federal Regulations. The authority to write those rules ends if final rules are not issued within 20 months after October 25, 1994. New rules override older conflicting laws in effect the day before October 25, 1994, and the Secretary can remove inconsistent regulations. Rule changes must involve tribes, notify the Senate Committee on Energy and Natural Resources and the House Committee on Natural Resources, and, when practicable, consult national or regional Indian groups. Proposed changes must be published in the Federal Register at least 60 days before they take effect. The Secretaries must use negotiated rulemaking practices (including the Negotiated Rulemaking Act and Administrative Conference recommendations 82–4 and 85–5), include tribal representatives from all regions, publish rules to implement the 1994 Contract Reform Act within 180 days after October 25, 1994, may create interagency or tribal advisory bodies, may ask Congress to extend deadlines, and may grant regulatory exceptions or waivers for individual contracts if they follow the review steps in section 5321.