
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC458aaa-16]

 
                            TITLE 25--INDIANS
 
                        CHAPTER 14--MISCELLANEOUS
 
    SUBCHAPTER II--INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
 
          Part E--Tribal Self-Governance--Indian Health Service
 
Sec. 458aaa-16. Regulations


(a) In general

                          (1) Promulgation

        Not later than 90 days after August 18, 2000, 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 part.

               (2) Publication of proposed regulations

        Proposed regulations to implement this part shall be published 
    in the Federal Register by the Secretary no later than 1 year after 
    August 18, 2000.

                     (3) Expiration of authority

        The authority to promulgate regulations under paragraph (1) 
    shall expire 21 months after August 18, 2000.

(b) Committee

                           (1) In general

        A negotiated rulemaking committee established pursuant to 
    section 565 of title 5 to carry out this section shall have as its 
    members only Federal and tribal government representatives, a 
    majority of whom shall be nominated by and be representatives of 
    Indian tribes with funding agreements under this subchapter.

                          (2) Requirements

        The committee shall confer with, and accommodate participation 
    by, representatives of Indian tribes, inter-tribal consortia, tribal 
    organizations, and individual tribal members.

(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

    The lack of promulgated regulations shall not limit the effect of 
this part.

(e) Effect of circulars, policies, manuals, guidances, and rules

    Unless expressly agreed to by the participating Indian tribe in the 
compact or funding agreement, the participating Indian tribe shall not 
be subject to any agency circular, policy, manual, guidance, or rule 
adopted by the Indian Health Service, except for the eligibility 
provisions of section 450j(g) of this title and regulations promulgated 
under this section.

(Pub. L. 93-638, title V, Sec. 517, as added Pub. L. 106-260, Sec. 4, 
Aug. 18, 2000, 114 Stat. 730.)

                  Section Referred to in Other Sections

    This section is referred to in sections 458aaa-6, 458aaa-11 of this 
title.
