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25 U.S.C. § 5373

Section 5373 · Regulations

Current version, with additions and removals from the October 21, 2020 version.

Current — September 30, 2023
As of October 21, 2020
(a) In general
(a) In general

(1) Promulgation

(1) Promulgation

Not later than 90 days after October 21, 2020, 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.

Not later than 90 days after October 21, 2020, 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

(2) Publication of proposed regulations

Proposed regulations to implement this subchapter shall be published in the Federal Register not later than 21 months after October 21, 2020.
Proposed regulations to implement this subchapter shall be published in the Federal Register not later than 38 months after October 21, 2020.

(3) Expiration of authority

(3) Expiration of authority

The authority to promulgate regulations under paragraph (1) shall expire on the date that is 30 months after October 21, 2020.
The authority to promulgate regulations under paragraph (1) shall expire on the date that is 50 months after October 21, 2020.
(b) Committee
(b) Committee

(1) Membership

(1) Membership

A negotiated rulemaking committee established pursuant to section 565 of title 5 to carry out this section shall have as its members only representatives of the Federal Government and Tribal government.

A negotiated rulemaking committee established pursuant to section 565 of title 5 to carry out this section shall have as its members only representatives of the Federal Government and Tribal government.

(2) Lead agency

(2) Lead agency

Among the Federal representatives described in paragraph (1), the Office of Self-Governance shall be the lead agency for the Department.

Among the Federal representatives described in paragraph (1), the Office of Self-Governance shall be the lead agency for the Department.

(c) Adaptation of procedures
(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.

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
(d) Effect

(1) Repeal

(1) Repeal

The Secretary may repeal any regulation that is inconsistent with this chapter.

The Secretary may repeal any regulation that is inconsistent with this chapter.

(2) Conflicting provisions

(2) Conflicting provisions

Subject to section 101(a) of the PROGRESS for Indian Tribes Act and except with respect to programs described under section 5363(c) of this title, this subchapter shall supersede any conflicting provision of law (including any conflicting regulations).

Subject to section 101(a) of the PROGRESS for Indian Tribes Act and except with respect to programs described under section 5363(c) of this title, this subchapter shall supersede any conflicting provision of law (including any conflicting regulations).

(3) Effectiveness without regard to regulations

(3) Effectiveness without regard to regulations

The lack of promulgated regulations on an issue shall not limit the effect or implementation of this subchapter.

The lack of promulgated regulations on an issue shall not limit the effect or implementation of this subchapter.

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