25 U.S.C. § 5397: Regulations

Summary

Requires the Secretary to start formal rulemaking within 90 days after August 18, 2000 to make rules needed to carry out this subchapter. The Secretary must publish proposed rules in the Federal Register no later than 1 year after August 18, 2000. The power to make these rules ends 21 months after August 18, 2000. A negotiated rulemaking committee set up under section 565 of title 5 must have only federal and tribal government members, and most members must be chosen by and represent tribes with funding agreements under this chapter. The committee must work with and allow participation by tribes, inter-tribal groups, tribal organizations, and individual tribal members. The Secretary must adapt the process for tribal self-governance and the government-to-government relationship. Not having final rules does not stop this subchapter from working. Unless a tribe agrees in its compact or funding agreement, the tribe is not bound by Indian Health Service circulars, policies, manuals, guidance, or rules — except for the eligibility rules in section 5324(g) and any regulations made under this section.

Title 25, §5397

Indians, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

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.

§5397 Regulations