25 USC 5397 – Regulations
(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
Terms Used In 25 USC 5397
- Indian tribe: as used in this subchapter shall include such other authorized Indian tribe, inter-tribal consortium, or tribal organization. See 25 USC 5381
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
- Secretary: means the Secretary of Health and Human Services. See 25 USC 5381
- self-governance: means the program of self-governance established under section 5382 of this title. See 25 USC 5381
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.