
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: 25USC4116]

 
                            TITLE 25--INDIANS
 
  CHAPTER 43--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
 
            SUBCHAPTER I--BLOCK GRANTS AND GRANT REQUIREMENTS
 
Sec. 4116. Regulations


(a) Transition requirements

                           (1) In general

        Not later than 90 days after October 26, 1996, 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 [42 U.S.C. 1437 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) include a general notice of proposed rulemaking (for 
        purposes of section 564(a) of title 5) of the final regulations 
        under subsection (b) of this section.

(b) Final regulations

                             (1) Timing

        The Secretary shall issue final regulations necessary to carry 
    out this chapter not later than September 1, 1997, 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 shall be issued 
        according to a negotiated rulemaking procedure under subchapter 
        III of chapter 5 of title 5.

        (B) Committee

            (i) In general

                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) Effective date

    This section shall take effect on October 26, 1996.

(Pub. L. 104-330, title I, Sec. 106, Oct. 26, 1996, 110 Stat. 4029.)

                       References in Text

    For the effective date of this chapter, referred to in subsecs. 
(a)(1) and (b)(1), as Oct. 1, 1997, except as otherwise expressly 
provided, see section 107 of Pub. L. 104-330, set out as an Effective 
Date note under section 4101 of this title.
    The United States Housing Act of 1937, referred to in subsec. 
(a)(1), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 
93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, which is 
classified generally to chapter 8 (Sec. 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 section 1437 of Title 42 
and Tables.

                  Section Referred to in Other Sections

    This section is referred to in sections 4112, 4113, 4152 of this 
title.
