§2017 — Title 25 Indians | U.S. Code

Summary

The Secretary may only make rules that are needed to carry out this chapter and that are allowed by section 2510 of this title. Proposed rules must be published in the Federal Register, and the public must have at least 120 days to comment. Each rule must show, right after the rule text, the law that allows the Secretary to make it. The Act’s rules override any conflicting laws or regulations already in effect the day before the Act passed. The Secretary may repeal any existing regulation that conflicts with the Act.

Title 25, §2017

Indians — Source: USLM XML via OLRC

(a)(1)The Secretary may promulgate only such regulations—

(A)as are necessary to ensure compliance with the specific provisions of this chapter; and

(B)as the Secretary is authorized to promulgate pursuant to section 2510 of this title.11 So in original. Probably should be section “2509”.

(2)In promulgating the regulations, the Secretary shall—

(A)publish proposed regulations in the Federal Register; and

(B)provide a period of not less than 120 days for public comment and consultation on the regulations.

(3)The regulations shall contain, immediately following each regulatory section, a citation to any statutory provision providing authority to promulgate such regulatory section.

(b)The provisions of this Act shall supersede any conflicting provisions of law (including any conflicting regulations) in effect on the day before the date of enactment of this Act and the Secretary is authorized to repeal any regulation inconsistent with the provisions of this Act.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsec. (b), means Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2143, known as the Education

Amendments

of 1978. For complete classification of this Act to the Code, see

Short Title

of 1978 Amendment note set out under section 6301 of Title 20, Education, and Tables.

Prior Provisions

A prior section 2017, Pub. L. 95–561, title XI, § 1137, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 4011; amended Pub. L. 105–244, title IX, § 901(d), Oct. 7, 1998, 112 Stat. 1828; Pub. L. 105–362, title VIII, § 801(c)(4), Nov. 10, 1998, 112 Stat. 3288, related to biennial report, prior to the general amendment of this chapter by Pub. L. 107–110. See section 2015 of this title. Another prior section 2017, Pub. L. 95–561, title XI, § 1137, Nov. 1, 1978, 92 Stat. 2327, related to constitutional and civil rights of Indian children attending Bureau schools, prior to the general amendment of this chapter by Pub. L. 103–382.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as a note under section 6301 of Title 20, Education.

§2017 Regulations