In general
Promulgation
Not later than 90 days after , 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.
Publication of proposed regulations
Proposed regulations to implement this subchapter shall be published in the Federal Register not later than 38 months after .
Expiration of authority
The authority to promulgate regulations under paragraph (1) shall expire on the date that is 50 months after .
Committee
Membership
section 565 of title 5A negotiated rulemaking committee established pursuant to to carry out this section shall have as its members only representatives of the Federal Government and Tribal government.
Lead agency
Among the Federal representatives described in paragraph (1), the Office of Self-Governance shall be the lead agency for the Department.
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.
Effect
Repeal
The Secretary may repeal any regulation that is inconsistent with this chapter.
Conflicting provisions
section 5363(c) of this titleSubject to section 101(a) of the PROGRESS for Indian Tribes Act and except with respect to programs described under , this subchapter shall supersede any conflicting provision of law (including any conflicting regulations).
Effectiveness without regard to regulations
The lack of promulgated regulations on an issue shall not limit the effect or implementation of this subchapter.
Pub. L. 93–638, title IV, § 413Pub. L. 116–180, title I, § 101(e)134 Stat. 877Pub. L. 118–15, div. B, title I, § 2102137 Stat. 82(, as added , , ; amended , , .)
Editorial Notes
References in Text
Pub. L. 93–63888 Stat. 2203section 5301 of this titleThis chapter, referred to in subsec. (d)(1), was in the original “this Act”, meaning , , , 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 and Tables.
section 101(a) of Pub. L. 116–180section 5361 of this titleSection 101(a) of the PROGRESS for Indian Tribes Act, referred to in subsec. (d)(2), is , which is set out as a note under .
Prior Provisions
section 5367 of this titlePub. L. 116–180Provisions similar to those in this section were contained in prior to repeal by .
Amendments
Pub. L. 118–15, § 2102(1)2023—Subsec. (a)(2). , substituted “38 months” for “21 months”.
Pub. L. 118–15, § 2102(2)Subsec. (a)(3). , substituted “50 months” for “30 months”.