1995 US Code
Title 25 - INDIANS
CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS
Sec. 2003 - Regulations

View Metadata

§2003. Regulations (a) Incorporation of part 32 of title 25 of Code of Federal Regulations

The provisions of part 32 of title 25 of the Code of Federal Regulations, as in effect on January 1, 1987, are incorporated into this Act and shall be treated as though such provisions are set forth in this subsection. Accordingly, such provisions may be altered only by means of an amendment to this subsection that is contained in an Act or joint resolution which is enacted into law. To the extent that such provisions of part 32 do not conform with this Act or any statutory provision of law enacted before November 1, 1978,1 the provisions of this Act and the provisions of such other statutory law shall govern.

(b) Application of parts 31, 33, 36, 39, 42, and 43 of title 25 of Code of Federal Regulations

The provisions of parts 31, 33, 36, 39, 42, and 43 of title 25 of the Code of Federal Regulations, as in effect on January 1, 1987, shall be applied by the Federal Government and shall not, before July 1, 1989, be amended, revoked, or altered in any manner. No officer or employee of the executive branch shall have the authority to issue any other regulations, prior to July 1, 1989, that supersede, supplement, or otherwise affect the provisions of such parts. To the extent that the provisions of such parts do not conform with this Act or any statutory provision of law enacted before November 1, 1978,1 the provisions of this Act and the provisions of such other statutory law shall govern.

(c) Regulations prescribed after June 30, 1989

After June 30, 1989, no regulation prescribed for the application of any program provided under this chapter shall become effective unless—

(1) the regulation has been published as a proposed regulation in the Federal Register,

(2) an opportunity of not less than 90 days has been afforded the public to comment on the published proposed regulation, and

(3) the regulation has, after such period for public comment, been published in the Federal Register as a final regulation.

(d) “Regulation” defined

For purposes of this section, the term “regulation” means any rules, regulations, guidelines, interpretations, orders, or requirements of general applicability prescribed by any officer or employee of the executive branch.

(Pub. L. 95–561, title XI, §1123, as added Pub. L. 103–382, title III, §381, Oct. 20, 1994, 108 Stat. 3985.)

References in Text

This Act, referred to in subsecs. (a) and (b), means Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2143, as amended, known as the Education Amendments of 1978. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of Title 20, Education, and Tables.

This chapter, referred to in subsec. (c), was in the original “this title”, meaning title XI (§§1101–1146) of Pub. L. 95–561, as amended, which is classified principally to this chapter. For complete classification of title XI to the Code, see Tables.

Codification

In subsecs. (a) and (b), “November 1, 1978” was substituted for “the date of enactment of this Act”, which was translated as meaning the date of enactment of Pub. L. 95–561, which enacted this chapter.

Prior Provisions

A prior section 2003, Pub. L. 95–561, title XI, §1123, Nov. 1, 1978, 92 Stat. 2319; Pub. L. 100–297, title V, §5106, Apr. 28, 1988, 102 Stat. 367, related to the incorporation of regulations into, or the application of regulations to, Pub. L. 95–561, prior to the general amendment of this chapter by Pub. L. 103–382.

1 See Codification note below.