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25 U.S.C. § 2018 — Regional meetings and negotiated rulemaking
Federal law — U.S. Code and appendices · legal_authorities
**(a) Regional meetings** Prior to publishing any proposed regulations under subsection (b)(1), and prior to establishing the negotiated rulemaking committee under subsection (b)(3), the Secretary shall convene regional meetings to consult with personnel of the Office of Indian Education Programs, educators at Bureau schools, and tribal officials, parents, teachers, administrators, and school board members of tribes served by Bureau-funded schools to provide guidance to the Secretary on the content of regulations authorized to be promulgated under this chapter and the Tribally Controlled Schools Act of 1988 [[25 U.S.C. 2501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2501&num=0&edition=prelim) et seq.].
**(b) Negotiated rulemaking**
(1) **In general** — Notwithstanding sections 563(a) and 565(a) of title 5, the Secretary shall promulgate regulations authorized under subsection (a) and under the Tribally Controlled Schools Act of 1988 [[25 U.S.C. 2501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2501&num=0&edition=prelim) et seq.], in accordance with the negotiated rulemaking procedures provided for under subchapter III of chapter 5 of title 5, and shall publish final regulations in the Federal Register.
(2) **Notification to Congress** — If draft regulations implementing this chapter and the Tribally Controlled Schools Act of 1988 [[25 U.S.C. 2501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2501&num=0&edition=prelim) et seq.] are not promulgated in final form within 18 months after January 8, 2002, the Secretary shall notify the appropriate committees of Congress of which draft regulations were not promulgated in final form by the deadline and the reason such final regul
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Source file: Laws/federal/codes/united-states-code/title-25/section-2018-regional-meetings-and-negotiated-rulemaking--c4659231e5.md
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Source location: Title 25, Chapter 22, § 2018; chapter-022-bureau-of-indian-affairs-programs.md
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**(a) Regional meetings** Prior to publishing any proposed regulations under subsection (b)(1), and prior to establishing the negotiated rulemaking committee under subsection (b)(3), the Secretary shall convene regional meetings to consult with personnel of the Office of Indian Education Programs, educators at Bureau schools, and tribal officials, parents, teachers, administrators, and school board members of tribes served by Bureau-funded schools to provide guidance to the Secretary on the content of regulations authorized to be promulgated under this chapter and the Tribally Controlled Schools Act of 1988 [[25 U.S.C. 2501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2501&num=0&edition=prelim) et seq.].
**(b) Negotiated rulemaking**
(1) **In general** — Notwithstanding sections 563(a) and 565(a) of title 5, the Secretary shall promulgate regulations authorized under subsection (a) and under the Tribally Controlled Schools Act of 1988 [[25 U.S.C. 2501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2501&num=0&edition=prelim) et seq.], in accordance with the negotiated rulemaking procedures provided for under subchapter III of chapter 5 of title 5, and shall publish final regulations in the Federal Register.
(2) **Notification to Congress** — If draft regulations implementing this chapter and the Tribally Controlled Schools Act of 1988 [[25 U.S.C. 2501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2501&num=0&edition=prelim) et seq.] are not promulgated in final form within 18 months after January 8, 2002, the Secretary shall notify the appropriate committees of Congress of which draft regulations were not promulgated in final form by the deadline and the reason such final regulations were not promulgated.
(3) **Rulemaking committee** — The Secretary shall establish a negotiated rulemaking committee to carry out this subsection. In establishing such committee, the Secretary shall—
(A) apply the procedures provided for under subchapter III of chapter 5 of title 5 in a manner that reflects the unique government-to-government relationship between Indian tribes and the United States;
(B) ensure that the membership of the committee includes only representatives of the Federal Government and of tribes served by Bureau-funded schools;
(C) select the tribal representatives of the committee from among individuals nominated by the representatives of the tribal and tribally operated schools;
(D) ensure, to the maximum extent possible, that the tribal representative membership on the committee reflects the proportionate share of students from tribes served by the Bureau-funded school system; and
(E) comply with chapter 10 of title 5.
(4) **Special rule** — The Secretary shall carry out this section using the general administrative funds of the Department of the Interior. In accordance with subchapter III of chapter 5 of title 5 and [section 1006(d) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1006/d&num=0&edition=prelim), payment of costs associated with negotiated rulemaking shall include the reasonable expenses of committee members.
**(c) Application of section**
(1) **Supremacy of provisions** — The provisions of this section shall supersede any conflicting regulations in effect on the day before the date of enactment of this chapter, and the Secretary may repeal any regulation that is inconsistent with the provisions of this chapter.
(2) **Modifications** — The Secretary may modify regulations promulgated under this section or the Tribally Controlled Schools Act of 1988 [[25 U.S.C. 2501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2501&num=0&edition=prelim) et seq.], only in accordance with this section.
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall prescribe such rules and regulations as are necessary to ensure the constitutional and civil rights of Indian students attending Bureau-funded schools, including such students’ rights to—
(1) privacy under the laws of the United States;
(2) freedom of religion and expression; and
(3) due process in connection with disciplinary actions, suspensions, and expulsions.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Agreements** In any case in which a negotiated rulemaking process is established under [section 6571(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571/b&num=0&edition=prelim), all published proposed regulations shall conform to agreements that result from the rulemaking described in [section 6571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571&num=0&edition=prelim) unless the Secretary reopens the negotiated rulemaking process.
**(b) Records** The Secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Recognition** Congress recognizes that the Indian Self-Determination and Education Assistance Act [[25 U.S.C. 5301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim) et seq.], which was a product of the legitimate aspirations and a recognition of the inherent authority of Indian nations, was and is a crucial positive step toward tribal and community control and that the United States has an obligation to assure maximum Indian participation in the direction of educational services so as to render the persons administering such services and the services themselves more responsive to the needs and desires of Indian communities.
**(b) Commitment** Congress declares its commitment to the maintenance of the Federal Government’s unique and continuing trust relationship with and responsibility to the Indian people for the education of Indian children through the establishment of a meaningful Indian self-determination policy for education that will deter further perpetuation of Federal bureaucratic domination of programs.
**(c) National goal** Congress declares that a national goal of the United States is to provide the resources, processes, and structure that will enable tribes and local communities to obtain the quantity and quality of educational services and opportunities that will permit Indian children—
(1) to compete and excel in areas of their choice; and
(2) to achieve the measure of self-determination essential to their social and economic well-being.
**(d) Educational needs** Congress affirms—
(1) true self-determination in any society of people is dependent upon an educational process that will ensure the development of qualified people to fulfill meaningful leadership roles;
(2) that Indian people hav
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Federal law — U.S. Code and appendices · legal_authorities
Page 429
TITLE 25—INDIANS
§ 2019
grams, see section 5 of Pub. L. 107–110, set out as a note
under section 6301 of Title 20, Education.
§ 2018. Regional meetings and negotiated rule-
making
(a) Regional meetings
Prior to publishing any proposed regulations
under subsection (b)(1), and prior to establishing
the negotiated rulemaking committee under
subsection (b)(3), the Secretary shall convene re-
gional meetings to consult with personnel of the
Office of Indian Education Programs, educators
at Bureau schools, and tribal officials, parents,
teachers,
administrators,
and
school
board
members of tribes served by Bureau-funded
schools to provide guidance to the Secretary on
the content of regulations authorized to be pro-
mulgated under this chapter and the Tribally
Controlled Schools Act of 1988 [25 U.S.C. 2501 et
seq.].
(b) Negotiated rulemaking
(1) In general
Notwithstanding sections 563(a) and 565(a) of
title 5, the Secretary shall promulgate regula-
tions authorized under subsection (a) and
under the Tribally Controlled Schools Act of
1988 [25 U.S.C. 2501 et seq.], in accordance with
the negotiated rulemaking procedures pro-
vided for under subchapter III of chapter 5 of
title 5, and shall publish final regulations in
the Federal Register.
(2) Notification to Congress
If draft regulations implementing this chap-
ter and the Tribally Controlled Schools Act of
1988 [25 U.S.C. 2501 et seq.] are not promul-
gated in final form within 18 months after
January 8, 2002, the Secretary shall notify the
appropriate committees of Congress of which
draft regulations were not promulgated in
final form by the deadline and the reason such
final regulations were not promulgated.
(3) Rulemaking committee
The Secretary shall establish a negotiated
r
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 2018
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Federal law — U.S. Code and appendices · legal_authorities
Page 484
TITLE 25—INDIANS
§ 2501
Nov. 18, 1988, 102 Stat. 4219; Pub. L. 101–630, title V,
§ 509(a), Nov. 28, 1990, 104 Stat. 4567, provided for Indian
Health Service program of alcohol and substance abuse
detoxification and rehabilitation for Indian youth.
Section 2475, Pub. L. 99–570, title IV, § 4228, Oct. 27,
1986, 100 Stat. 3207–150; Pub. L. 100–690, title II, § 2213,
Nov. 18, 1988, 102 Stat. 4220, provided for program of
training and community education about alcohol and
substance abuse.
Section 2476, Pub. L. 99–570, title IV, § 4229, Oct. 27,
1986, 100 Stat. 3207–152; Pub. L. 100–690, title II, § 2214,
Nov. 18, 1988, 102 Stat. 4220, provided for establishment
of Navajo alcohol rehabilitation demonstration pro-
gram.
Section 2477, Pub. L. 99–570, title IV, § 4230, Oct. 27,
1986, 100 Stat. 3207–152, related to compilation of data
and preparation of reports on cases of alcohol or sub-
stance abuse in which Indian Health Service personnel
or services were involved.
Section 2478, Pub. L. 99–570, title IV, § 4231, as added
Pub. L. 100–690, title II, § 2215, Nov. 18, 1988, 102 Stat.
4221, authorized grants for alcohol and substance abuse
prevention and treatment in urban centers.
CHAPTER 27—TRIBALLY CONTROLLED
SCHOOL GRANTS
Sec.
2501.
Declaration of policy.
2502.
Grants authorized.
2502a.
Retrocession or re-assumption of Indian edu-
cation funds.
2503.
Composition of grants.
2504.
Eligibility for grants.
2505.
Duration of eligibility determination.
2506.
Payment of grants; investment of funds.
2507.
Application with respect to Indian Self-Deter-
mination and Education Assistance Act.
2508.
Role of the Director.
2509.
Regulations.
2510.
The tribally controlled grant school endow-
ment program.
2511.
Definitions.
§ 2501. Decla
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