
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: 25USC450k]

 
                            TITLE 25--INDIANS
 
                        CHAPTER 14--MISCELLANEOUS
 
    SUBCHAPTER II--INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
 
                    Part A--Indian Self-Determination
 
Sec. 450k. Rules and regulations


(a) Authority of Secretaries of the Interior and of Health and Human 
        Services to promulgate; time restriction

    (1) Except as may be specifically authorized in this subsection, or 
in any other provision of this subchapter, the Secretary of the Interior 
and the Secretary of Health and Human Services may not promulgate any 
regulation, nor impose any nonregulatory requirement, relating to self-
determination contracts or the approval, award, or declination of such 
contracts, except that the Secretary of the Interior and the Secretary 
of Health and Human Services may promulgate regulations under this 
subchapter relating to chapter 171 of title 28, commonly known as the 
``Federal Tort Claims Act'', the Contract Disputes Act of 1978 (41 
U.S.C. 601 et seq.), declination and waiver procedures, appeal 
procedures, reassumption procedures, discretionary grant procedures for 
grants awarded under section 450h of this title, property donation 
procedures arising under section 450j(f) of this title, internal agency 
procedures relating to the implementation of this subchapter, 
retrocession and tribal organization relinquishment procedures, contract 
proposal contents, conflicts of interest, construction, programmatic 
reports and data requirements, procurement standards, property 
management standards, and financial management standards.
    (2)(A) The regulations promulgated under this subchapter, including 
the regulations referred to in this subsection, shall be promulgated--
        (i) in conformance with sections 552 and 553 of title 5 and 
    subsections (c), (d), and (e) of this section; and
        (ii) as a single set of regulations in title 25 of the Code of 
    Federal Regulations.

    (B) The authority to promulgate regulations set forth in this 
subchapter shall expire if final regulations are not promulgated within 
20 months after October 25, 1994.

(b) Conflicting laws and regulations

    The provisions of this subchapter shall supersede any conflicting 
provisions of law (including any conflicting regulations) in effect on 
the day before October 25, 1994, and the Secretary is authorized to 
repeal any regulation inconsistent with the provisions of this 
subchapter.

(c) Revisions and amendments; procedures applicable

    The Secretary of the Interior and the Secretary of Health and Human 
Services are authorized, with the participation of Indian tribes and 
tribal organizations, to revise and amend any rules or regulations 
promulgated pursuant to this section: Provided, That prior to any 
revision or amendment to such rules or regulations, the respective 
Secretary or Secretaries shall present the proposed revision or 
amendment to the Committee on Energy and Natural Resources of the Senate 
and the Committee on Natural Resources of the House of Representatives 
and shall, to the extent practicable, consult with appropriate national 
or regional Indian organizations and shall publish any proposed 
revisions in the Federal Register not less than sixty days prior to the 
effective date of such rules and regulations in order to provide 
adequate notice to, and receive comments from, other interested parties.

(d) Consultation in drafting and promulgating; negotiation process; 
        interagency committees; extension of deadlines

    (1) In drafting and promulgating regulations as provided in 
subsection (a) of this section (including drafting and promulgating any 
revised regulations), the Secretary of the Interior and the Secretary of 
Health and Human Services shall confer with, and allow for active 
participation by, representatives of Indian tribes, tribal 
organizations, and individual tribal members.
    (2)(A) In carrying out rulemaking processes under this subchapter, 
the Secretary of the Interior and the Secretary of Health and Human 
Services shall follow the guidance of--
        (i) subchapter III of chapter 5 of title 5, commonly known as 
    the ``Negotiated Rulemaking Act of 1990''; and
        (ii) the recommendations of the Administrative Conference of the 
    United States numbered 82-4 and 85-5 entitled ``Procedures for 
    Negotiating Proposed Regulations'' under sections 305.82-4 and 
    305.85-5 of title 1, Code of Federal Regulations, and any successor 
    recommendation or law (including any successor regulation).

    (B) The tribal participants in the negotiation process referred to 
in subparagraph (A) shall be nominated by and shall represent the groups 
described in this paragraph and shall include tribal representatives 
from all geographic regions.
    (C) The negotiations referred to in subparagraph (B) shall be 
conducted in a timely manner. Proposed regulations to implement the 
amendments made by the Indian Self-Determination Contract Reform Act of 
1994 shall be published in the Federal Register by the Secretary of the 
Interior and the Secretary of Health and Human Services not later than 
180 days after October 25, 1994.
    (D) Notwithstanding any other provision of law (including any 
regulation), the Secretary of the Interior and the Secretary of Health 
and Human Services are authorized to jointly establish and fund such 
interagency committees or other interagency bodies, including advisory 
bodies comprised of tribal representatives, as may be necessary or 
appropriate to carry out the provisions of this subchapter.
    (E) If the Secretary determines that an extension of the deadlines 
under subsection (a)(2)(B) of this section and subparagraph (C) of this 
paragraph is appropriate, the Secretary may submit proposed legislation 
to Congress for the extension of such deadlines.

(e) Exceptions in or waiver of regulations

    The Secretary may, with respect to a contract entered into under 
this subchapter, make exceptions in the regulations promulgated to carry 
out this subchapter, or waive such regulations, if the Secretary finds 
that such exception or waiver is in the best interest of the Indians 
served by the contract or is consistent with the policies of this 
subchapter, and is not contrary to statutory law. In reviewing each 
request, the Secretary shall follow the timeline, findings, assistance, 
hearing, and appeal procedures set forth in section 450f of this title.

(Pub. L. 93-638, title I, Sec. 107, Jan. 4, 1975, 88 Stat. 2212; Pub. L. 
96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 100-
472, title II, Sec. 207, Oct. 5, 1988, 102 Stat. 2295; Pub. L. 101-644, 
title II, Sec. 203(f), Nov. 29, 1990, 104 Stat. 4666; Pub. L. 103-413, 
title I, Sec. 105, Oct. 25, 1994, 108 Stat. 4269; Pub. L. 103-435, 
Sec. 22(a)(1), Nov. 2, 1994, 108 Stat. 4575; Pub. L. 103-437, 
Sec. 10(c)(2), Nov. 2, 1994, 108 Stat. 4589; Pub. L. 104-133, Sec. 1, 
Apr. 25, 1996, 110 Stat. 1320; Pub. L. 104-287, Sec. 6(e), Oct. 11, 
1996, 110 Stat. 3399.)

                       References in Text

    The Contract Disputes Act of 1978, referred to in subsec. (a)(1), is 
Pub. L. 95-563, Nov. 1, 1978, 92 Stat. 2383, as amended, which is 
classified principally to chapter 9 (Sec. 601 et seq.) of Title 41, 
Public Contracts. For complete classification of this Act to the Code, 
see Short Title note set out under section 601 of Title 41 and Tables.
    The Indian Self-Determination Contract Reform Act of 1994, referred 
to in subsec. (d)(2)(C), is title I of Pub. L. 103-413, Oct. 25, 1994, 
108 Stat. 4250, which enacted section 450l of this title, amended this 
section and sections 450b, 450c, 450e, 450f, 450j, 450j-1, 450m, and 
450m-1 of this title, and enacted provisions set out as a note under 
section 450 of this title. For complete classification of this Act to 
the Code, see Short Title of 1994 Amendment note set out under section 
450 of this title and Tables.


                               Amendments

    1996--Subsec. (a)(2)(B). Pub. L. 104-133 substituted ``20 months'' 
for ``18 months''.
    Subsec. (b). Pub. L. 104-287 repealed Pub. L. 103-437, 
Sec. 10(c)(2)(A). See 1994 Amendment note below.
    1994--Subsec. (a). Pub. L. 103-413, Sec. 105(1), added subsec. (a) 
and struck out former subsec. (a) which read as follows: ``The 
Secretaries of the Interior and of Health and Human Services are each 
authorized to perform any and all acts and to make such rules and 
regulations as may be necessary and proper for the purposes of carrying 
out the provisions of this subchapter: Provided, however, That all 
Federal requirements for self-determination contracts and grants under 
this Act shall be promulgated as regulations in conformity with sections 
552 and 553 of title 5.''
    Subsec. (b). Pub. L. 103-437, Sec. 10(c)(2)(A), which directed that 
subsec. (b) be repealed, was itself repealed by Pub. L. 104-287, 
Sec. 6(e). See Effective Date and Construction of 1996 Amendment note 
below.
    Pub. L. 103-435, which directed substitution of ``Committee on 
Natural Resources'' for ``Committee on Interior and Insular Affairs'' in 
par. (2), could not be executed because ``Committee on Interior and 
Insular Affairs'' did not appear in text subsequent to amendment by Pub. 
L. 103-413, Sec. 105(1). See below.
    Pub. L. 103-413, Sec. 105(1), added subsec. (b) and struck out 
former subsec. (b) which read as follows:
    ``(b)(1) Within three months from October 5, 1988, the Secretary 
shall consider and formulate appropriate regulations to implement the 
provisions of this Act, with the participation of Indian tribes. Such 
proposed regulations shall contain all Federal requirements applicable 
to self-determination contracts and grants under this Act.
    ``(2) Within six months from October 5, 1988, the Secretary shall 
present the proposed regulations to the Select Committee on Indian 
Affairs of the United States Senate and to the Committee on Interior and 
Insular Affairs of the United States House of Representatives.
    ``(3) Within seven months from October 5, 1988, the Secretary shall 
publish proposed regulations in the Federal Register for the purpose of 
receiving comments from tribes and other interested parties.
    ``(4) Within ten months from October 5, 1988, the Secretary shall 
promulgate regulations to implement the provisions of such Act.''
    Subsec. (c). Pub. L. 103-437, Sec. 10(c)(2)(B), substituted 
``Committee on Energy and Natural Resources of the Senate and the 
Committee on Natural Resources of the House of Representatives'' for 
``Committees on Interior and Insular Affairs of the United States Senate 
and House of Representatives''.
    Subsecs. (d), (e). Pub. L. 103-413, Sec. 105(2), added subsecs. (d) 
and (e).
    1990--Subsec. (c). Pub. L. 101-644 inserted ``, with the 
participation of Indian tribes and tribal organizations,'' after 
``authorized''.
    1988--Subsec. (a). Pub. L. 100-472, Sec. 207(a), substituted 
``Health and Human Services'' for ``Health, Education, and Welfare'', 
and inserted proviso relating to promulgation of Federal requirements 
for self-determination contracts as regulations.
    Subsec. (b). Pub. L. 100-472, Sec. 207(b), amended subsec. (b) 
generally. Prior to amendment, subsec. (b) read as follows:
    ``(1) Within six months from January 4, 1975, the Secretary of the 
Interior and the Secretary of Health and Human Services shall each to 
the extent practicable, consult with national and regional Indian 
organizations to consider and formulate appropriate rules and 
regulations to implement the provisions of this subchapter.
    ``(2) Within seven months from January 4, 1975, the Secretary of the 
Interior and the Secretary of Health and Human Services shall each 
present the proposed rules and regulations to the Committees on Interior 
and Insular Affairs of the United States Senate and House of 
Representatives.
    ``(3) Within eight months from January 4, 1975, the Secretary of the 
Interior and the Secretary of Health and Human Services shall publish 
proposed rules and regulations in the Federal Register for the purpose 
of receiving comments from interested parties.
    ``(4) Within ten months from January 4, 1975, the Secretary of the 
Interior and the Secretary of Health and Human Services shall promulgate 
rules and regulations to implement the provisions of this subchapter.''

                         Change of Name

    ``Secretary of Health and Human Services'' substituted for 
``Secretary of Health, Education, and Welfare'' in subsec. (c), pursuant 
to section 509(b) of Pub. L. 96-88, which is classified to section 
3508(b) of Title 20, Education.
    Committee on Natural Resources of House of Representatives treated 
as referring to Committee on Resources of House of Representatives by 
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 
of Title 2, The Congress.


            Effective Date and Construction of 1996 Amendment

    Section 6(e) of Pub. L. 104-287 provided that: ``Effective November 
2, 1994, section 10(c)(2)(A) of the Act of November 2, 1994 (Public Law 
103-437, 108 Stat. 4589) [amending this section], is repealed and 
section 107(b) of the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450k(b)), as amended by section 105(1) of the Indian 
Self-Determination Act (Public Law 103-413, 108 Stat. 4269), is revived 
and shall read as if section 10(c)(2)(A) of the Act of November 2, 1994 
(Public Law 103-437, 108 Stat. 4589), had not been enacted.

                  Section Referred to in Other Sections

    This section is referred to in sections 450b, 450h of this title.
