§5373 — Title 25 Indians | U.S. Code

Summary

The Secretary must begin negotiated rulemaking under federal rulemaking law within 90 days after October 21, 2020. Proposed rules must be published in the Federal Register no later than 38 months after October 21, 2020, and the power to make those rules ends 50 months after October 21, 2020. Any negotiated rulemaking committee under section 565 of title 5 may include only Federal and Tribal government representatives, and the Office of Self-Governance will lead the Department’s representatives. The Secretary must tailor the process to self‑governance and the government‑to‑government relationship. The Secretary may cancel regulations that clash with this chapter. Except as limited by section 101(a) of the PROGRESS for Indian Tribes Act and programs under section 5363(c), this subchapter overrides conflicting laws or rules. Not having written regulations does not stop this subchapter from taking effect.

Title 25, §5373

Indians — Source: USLM XML via OLRC

(a)(1)Not later than 90 days after October 21, 2020, 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)Proposed regulations to implement this subchapter shall be published in the Federal Register not later than 38 months after October 21, 2020.

(3)The authority to promulgate regulations under paragraph (1) shall expire on the date that is 50 months after October 21, 2020.

(b)(1)A negotiated rulemaking committee established pursuant to section 565 of title 5 to carry out this section shall have as its members only representatives of the Federal Government and Tribal government.

(2)Among the Federal representatives described in paragraph (1), the Office of Self-Governance shall be the lead agency for the Department.

(c)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)(1)The Secretary may repeal any regulation that is inconsistent with this chapter.

(2)Subject to section 101(a) of the PROGRESS for Indian Tribes Act and except with respect to programs described under section 5363(c) of this title, this subchapter shall supersede any conflicting provision of law (including any conflicting regulations).

(3)The lack of promulgated regulations on an issue shall not limit the effect or implementation of this subchapter.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (d)(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. section 101(a) of the PROGRESS for Indian Tribes Act, referred to in subsec. (d)(2), is section 101(a) of Pub. L. 116–180, which is set out as a note under section 5361 of this title.

Prior Provisions

Provisions similar to those in this section were contained in section 5367 of this title prior to repeal by Pub. L. 116–180.

Amendments

2023—Subsec. (a)(2). Pub. L. 118–15, § 2102(1), substituted “38 months” for “21 months”. Subsec. (a)(3). Pub. L. 118–15, § 2102(2), substituted “50 months” for “30 months”.

§5373 Regulations