2013 US Code
Title 25 - Indians
Chapter 14 - MISCELLANEOUS (§§ 441 - 1300n-6)
Subchapter II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE (§§ 450 - 458ddd-2)
Part E - Tribal Self-Governance-Indian Health Service (§§ 458aaa - 458aaa-18)
Section 458aaa-16 - Regulations
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 25 - INDIANS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 25 - INDIANS CHAPTER 14 - MISCELLANEOUS SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE Part E - Tribal Self-Governance-Indian Health Service Sec. 458aaa-16 - Regulations |
Contains | section 458aaa-16 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 93-638, title V, §517, as added Pub. L. 106-260, §4, Aug. 18, 2000, 114 Stat. 730. |
Statutes at Large References | 88 Stat. 2203 114 Stat. 730 |
Public Law References | Public Law 93-638, Public Law 106-260 |
Download PDF
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 part.
(2) Publication of proposed regulationsProposed regulations to implement this part shall be published in the Federal Register by the Secretary no later than 1 year after August 18, 2000.
(3) Expiration of authorityThe authority to promulgate regulations under paragraph (1) shall expire 21 months after August 18, 2000.
(b) Committee (1) In generalA 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 subchapter.
(2) RequirementsThe committee shall confer with, and accommodate participation by, representatives of Indian tribes, inter-tribal consortia, tribal organizations, and individual tribal members.
(c) Adaptation of proceduresThe 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) EffectThe lack of promulgated regulations shall not limit the effect of this part.
(e) Effect of circulars, policies, manuals, guidances, and rulesUnless 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 450j(g) of this title and regulations promulgated under this section.
(Pub. L. 93–638, title V, §517, as added Pub. L. 106–260, §4, Aug. 18, 2000, 114 Stat. 730.)
REFERENCES IN TEXTThis subchapter, 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 subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 450 of this title and Tables.
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.