§5397 — Title 25 Indians | U.S. Code

Summary

The Secretary must begin negotiated rulemaking under subchapter III of chapter 5 of title 5 within 90 days after August 18, 2000, and must put proposed rules in the Federal Register no later than 1 year after August 18, 2000. The Secretary’s authority to make those rules ends 21 months after August 18, 2000. A negotiated rulemaking committee under section 565 of title 5 may have only federal and tribal government representatives, and a majority must be nominated by and represent tribes with funding agreements under this chapter. The committee must consult with and allow participation by other tribal groups and individual tribal members. The Secretary must adapt the process to fit tribal self‑governance and the government‑to‑government relationship. Not having final rules does not weaken this part of the law. 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 rules made under this rulemaking.

Title 25, §5397

Indians — Source: USLM XML via OLRC

(a)(1)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)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)The authority to promulgate regulations under paragraph (1) shall expire 21 months after August 18, 2000.

(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 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)The committee shall confer with, and accommodate participation by, representatives of Indian tribes, inter-tribal consortia, tribal organizations, and individual tribal members.

(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)The lack of promulgated regulations shall not limit the effect of this subchapter.

(e)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