US Code

Public Law 119-73 (01/23/2026)

25 U.S.C. § 4116

Regulations

(a)

Transition requirements

(1)

In general

42 U.S.C. 1437Not later than 90 days after , the Secretary shall, by notice issued in the Federal Register, establish any requirements necessary to provide for the transition (upon the effectiveness of this chapter and the amendments made by this chapter) from the provision of assistance for Indian tribes and Indian housing authorities under the United States Housing Act of 1937 [ et seq.] and other related provisions of law to the provision of assistance in accordance with this chapter and the amendments made by this chapter.

(2)

Public comments; general notice of proposed rulemaking

The notice issued under paragraph (1) shall—
(A)
invite public comments regarding such transition requirements and final regulations to carry out this chapter; and
(B)
section 564(a) of title 5 include a general notice of proposed rulemaking (for purposes of ) of the final regulations under subsection (b).
(b)

Final regulations

(1)

Timing

The Secretary shall issue final regulations necessary to carry out this chapter not later than , and such regulations shall take effect not later than the effective date of this chapter.

(2)

Negotiated rulemaking procedure

(A)

In general

Notwithstanding sections 563(a) and 565(a) of title 5, all regulations required under this chapter, including any regulations that may be required pursuant to amendments made to this chapter after , shall be issued according to a negotiated rulemaking procedure under subchapter III of chapter 5 of title 5.

(B)

Committee

(i)

In general

Not later than 180 days after the date of enactment of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 and any other Act to reauthorize this chapter, the Secretary shall establish a negotiated rulemaking committee, in accordance with the procedures under that subchapter, for the development of proposed regulations under subparagraph (A).

(ii)

Adaptation

In establishing the negotiated rulemaking committee, the Secretary shall—
(I)
adapt the procedures under the subchapter described in clause (i) to the unique government-to-government relationship between the Indian tribes and the United States, and shall ensure that the membership of the committee include only representatives of the Federal Government and of geographically diverse small, medium, and large Indian tribes; and
(II)
shall not preclude the participation of tribally designated housing entities should tribes elect to be represented by such entities.
(C)

Subsequent negotiated rulemaking

The Secretary shall—
(i)
initiate a negotiated rulemaking in accordance with this section by not later than 90 days after the date of enactment of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 and any other Act to reauthorize this chapter; and
(ii)
promulgate regulations pursuant to this section by not later than 2 years after the date of enactment of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 and any other Act to reauthorize this chapter.
(D)

Review

Not less frequently than once every 7 years, the Secretary, in consultation with Indian tribes, shall review the regulations promulgated pursuant to this section in effect on the date on which the review is conducted.

(c)

Effective date

This section shall take effect on .

Pub. L. 104–330, title I, § 106110 Stat. 4029Pub. L. 107–292, § 6116 Stat. 2054Pub. L. 110–411, title I, § 105122 Stat. 4324(, , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 104–330110 Stat. 4016section 4101 of this titleThis chapter, referred to in subsecs. (a) and (b), was in the original “this Act”, meaning , , , known as the Native American Housing Assistance and Self-Determination Act of 1996. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

section 107 of Pub. L. 104–330section 4101 of this titleFor the effective date of this chapter, referred to in subsecs. (a)(1) and (b)(1), as , except as otherwise expressly provided, see , set out as an Effective Date note under .

act Sept. 1, 1937, ch. 896Pub. L. 93–383, title II, § 201(a)88 Stat. 653section 1437 of Title 42The United States Housing Act of 1937, referred to in subsec. (a)(1), is , as revised generally by , , , which is classified generally to chapter 8 (§ 1437 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 110–411The date of enactment of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008, referred to in subsec. (b)(2)(B)(i), (C), is the date of enactment of , which was approved .

Amendments

Pub. L. 110–411, § 105(1)2008—Subsec. (b)(2)(B)(i). , substituted “Not later than 180 days after the date of enactment of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 and any other Act to reauthorize this chapter, the Secretary” for “The Secretary”.

Pub. L. 110–411, § 105(2)Subsec. (b)(2)(C), (D). , added subpars. (C) and (D).

Pub. L. 107–2922002—Subsec. (b)(2)(A). inserted “, including any regulations that may be required pursuant to amendments made to this chapter after ,” after “required under this chapter”.