Browse Arkansas Code titles and sections
5 U.S.C. § 565 — Establishment of committee
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—**
(1) **Determination to establish committee.—** — If after considering comments and applications submitted under section 564, the agency determines that a negotiated rulemaking committee can adequately represent the interests that will be significantly affected by a proposed rule and that it is feasible and appropriate in the particular rulemaking, the agency may establish a negotiated rulemaking committee. In establishing and administering such a committee, the agency shall comply with chapter 10 of this title with respect to such committee, except as otherwise provided in this subchapter.
(2) **Determination not to establish committee.—** — If after considering such comments and applications, the agency decides not to establish a negotiated rulemaking committee, the agency shall promptly publish notice of such decision and the reasons therefor in the Federal Register and, as appropriate, in trade or other specialized publications, a copy of which shall be sent to any person who applied for, or nominated another person for membership on the negotiating 11 So in original. Probably should be “negotiated”. rulemaking committee to represent such interests with respect to the proposed rule.
**(b) Membership.—** The agency shall limit membership on a negotiated rulemaking committee to 25 members, unless the agency head determines that a greater number of members is necessary for the functioning of the committee or to achieve balanced membership. Each committee shall include at least one person representing the agency.
**(c) Administrative Support.—** The agency shall provide appropriate administrative support to the negotiated rulemaking committee, including technical assistance.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 565
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: c89f42d5123d82204318e7eae6585f2b5b958b53e457d0ce37dbd589a54c20e0. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_02dfd644c845d53b30eaef12
Source file: Laws/federal/codes/united-states-code/title-5/section-565-establishment-of-committee--4653c013ee.md
Pages: Not recorded – Not recorded
Passage SHA-256: 869fb0bbc30d89081dc55716f36799286f2a400518db3c6f75b4a6c10ad437e3
Source location: Title 5, Chapter 5, § 565; chapter-005-administrative-procedure.md
Stored source content
**(a) Establishment.—**
(1) **Determination to establish committee.—** — If after considering comments and applications submitted under section 564, the agency determines that a negotiated rulemaking committee can adequately represent the interests that will be significantly affected by a proposed rule and that it is feasible and appropriate in the particular rulemaking, the agency may establish a negotiated rulemaking committee. In establishing and administering such a committee, the agency shall comply with chapter 10 of this title with respect to such committee, except as otherwise provided in this subchapter.
(2) **Determination not to establish committee.—** — If after considering such comments and applications, the agency decides not to establish a negotiated rulemaking committee, the agency shall promptly publish notice of such decision and the reasons therefor in the Federal Register and, as appropriate, in trade or other specialized publications, a copy of which shall be sent to any person who applied for, or nominated another person for membership on the negotiating 11 So in original. Probably should be “negotiated”. rulemaking committee to represent such interests with respect to the proposed rule.
**(b) Membership.—** The agency shall limit membership on a negotiated rulemaking committee to 25 members, unless the agency head determines that a greater number of members is necessary for the functioning of the committee or to achieve balanced membership. Each committee shall include at least one person representing the agency.
**(c) Administrative Support.—** The agency shall provide appropriate administrative support to the negotiated rulemaking committee, including technical assistance.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** Subject to the requirements of this section, the Secretary shall establish and carry out a program to be known as the tribal transportation self-governance program. The Secretary may delegate responsibilities for administration of the program as the Secretary determines appropriate.
**(b) Eligibility.—**
(1) **In general.—** — Subject to paragraphs (2) and (3), an Indian tribe shall be eligible to participate in the program if the Indian tribe requests participation in the program by resolution or other official action by the governing body of the Indian tribe, and demonstrates, for the preceding 3 fiscal years, financial stability and financial management capability, and transportation program management capability.
(2) **Criteria for determining financial stability and financial management capacity.—** — For the purposes of paragraph (1), evidence that, during the preceding 3 fiscal years, an Indian tribe had no uncorrected significant and material audit exceptions in the required annual audit of the Indian tribe’s self-determination contracts or self-governance funding agreements with any Federal agency shall be conclusive evidence of the required financial stability and financial management capability.
(3) **Criteria for determining transportation program management capability.—** — The Secretary shall require an Indian tribe to demonstrate transportation program management capability, including the capability to manage and complete projects eligible under this title and projects eligible under chapter 53 of title 49, to gain eligibility for the program.
**(c) Compacts.—**
(1) **Compact required.—** — Upon the request of an eligible Indian tribe, and subject to the requirements of this section, the Secretary shall negotiate and enter in
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 207
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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 subchapter.
(2) **Publication of proposed regulations** — Proposed regulations to implement this subchapter 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section565&num=0&edition=prelim) 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 chapter.
(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 subchapter.
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5302
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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 38 months after October 21, 2020.
(3) **Expiration of authority** — The authority to promulgate regulations under paragraph (1) shall expire on the date that is 50 months after October 21, 2020.
**(b) Committee**
(1) **Membership** — A negotiated rulemaking committee established pursuant to [section 565 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section565&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5363/c&num=0&edition=prelim), this subchapter shall supersede any conflict
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5386
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 155
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 565
1 So in original. Probably should be ‘‘on’’.
1 So in original. Probably should be ‘‘negotiated’’.
Editorial Notes
AMENDMENTS
1992—Pub. L. 102–354 renumbered section 583 of this
title as this section.
Statutory Notes and Related Subsidiaries
NEGOTIATED RULEMAKING COMMITTEES
Pub. L. 104–320, § 11(e), Oct. 19, 1996, 110 Stat. 3874, as
amended by Pub. L. 117–286, § 4(a)(6), Dec. 27, 2022, 136
Stat. 4305, provided that: ‘‘The Director of the Office of
Management and Budget shall—
‘‘(1) within 180 days of the date of the enactment of
this Act [Oct. 19, 1996], take appropriate action to ex-
pedite the establishment of negotiated rulemaking
committees and committees established to resolve
disputes under the Administrative Dispute Resolu-
tion Act [Pub. L. 101–552, see Short Title note set out
under section 571 of this title], including, with re-
spect to negotiated rulemaking committees, elimi-
nating any redundant administrative requirements
related to filing a committee charter under section
1008 of title 5, United States Code, and providing pub-
lic notice of such committee under section 564 of title
5, United States Code; and
‘‘(2) within one year of the date of the enactment of
this Act, submit recommendations to Congress for
any necessary legislative changes.’’
§ 564. Publication of notice; applications for
membership on committees
(a) PUBLICATION OF NOTICE.—If, after consid-
ering the report of a convener or conducting its
own assessment, an agency decides to establish
a negotiated rulemaking committee, the agency
shall publish in the Federal Register and, as ap-
propriate, in trade or other specialized publica-
tions, a notice which shall include—
(1) an announcement that the agency in-
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 565
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.