
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC2003]

 
                            TITLE 25--INDIANS
 
              CHAPTER 22--BUREAU OF INDIAN AFFAIRS PROGRAMS
 
Sec. 2003. Regulations


(a) Incorporation of part 32 of title 25 of Code of Federal Regulations

    The provisions of part 32 of title 25 of the Code of Federal 
Regulations, as in effect on January 1, 1987, are incorporated into this 
Act and shall be treated as though such provisions are set forth in this 
subsection. Accordingly, such provisions may be altered only by means of 
an amendment to this subsection that is contained in an Act or joint 
resolution which is enacted into law. To the extent that such provisions 
of part 32 do not conform with this Act or any statutory provision of 
law enacted before November 1, 1978,\1\ the provisions of this Act and 
the provisions of such other statutory law shall govern.
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    \1\ See Codification note below.
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(b) Application of parts 31, 33, 36, 39, 42, and 43 of title 25 of Code 
        of Federal Regulations

    The provisions of parts 31, 33, 36, 39, 42, and 43 of title 25 of 
the Code of Federal Regulations, as in effect on January 1, 1987, shall 
be applied by the Federal Government and shall not, before July 1, 1989, 
be amended, revoked, or altered in any manner. No officer or employee of 
the executive branch shall have the authority to issue any other 
regulations, prior to July 1, 1989, that supersede, supplement, or 
otherwise affect the provisions of such parts. To the extent that the 
provisions of such parts do not conform with this Act or any statutory 
provision of law enacted before November 1, 1978,\1\ the provisions of 
this Act and the provisions of such other statutory law shall govern.

(c) Regulations prescribed after June 30, 1989

    After June 30, 1989, no regulation prescribed for the application of 
any program provided under this chapter shall become effective unless--
        (1) the regulation has been published as a proposed regulation 
    in the Federal Register,
        (2) an opportunity of not less than 90 days has been afforded 
    the public to comment on the published proposed regulation, and
        (3) the regulation has, after such period for public comment, 
    been published in the Federal Register as a final regulation.

(d) ``Regulation'' defined

    For purposes of this section, the term ``regulation'' means any 
rules, regulations, guidelines, interpretations, orders, or requirements 
of general applicability prescribed by any officer or employee of the 
executive branch.

(Pub. L. 95-561, title XI, Sec. 1123, as added Pub. L. 103-382, title 
III, Sec. 381, Oct. 20, 1994, 108 Stat. 3985.)

                       References in Text

    This Act, referred to in subsecs. (a) and (b), means Pub. L. 95-561, 
Nov. 1, 1978, 92 Stat. 2143, as amended, known as the Education 
Amendments of 1978. For complete classification of this Act to the Code, 
see Short Title note set out under section 6301 of Title 20, Education, 
and Tables.
    This chapter, referred to in subsec. (c), was in the original ``this 
title'', meaning title XI (Secs. 1101-1146) of Pub. L. 95-561, as 
amended, which is classified principally to this chapter. For complete 
classification of title XI to the Code, see Tables.

                          Codification

    In subsecs. (a) and (b), ``November 1, 1978'' was substituted for 
``the date of enactment of this Act'', which was translated as meaning 
the date of enactment of Pub. L. 95-561, which enacted this chapter.


                            Prior Provisions

    A prior section 2003, Pub. L. 95-561, title XI, Sec. 1123, Nov. 1, 
1978, 92 Stat. 2319; Pub. L. 100-297, title V, Sec. 5106, Apr. 28, 1988, 
102 Stat. 367, related to the incorporation of regulations into, or the 
application of regulations to, Pub. L. 95-561, prior to the general 
amendment of this chapter by Pub. L. 103-382.
