United States Code

USC most recently checked for updates: Sep 28, 2022

§ 5373.
Regulations
(a)
In general
(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.

(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.

(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.

(b)
Committee
(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.

(2)
Lead agency

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

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
(1)
Repeal

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

(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).

(3)
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, § 413, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 877.)
cite as: 25 USC 5373