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25 U.S.C. § 5386 — Regulations
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
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Stable record: federal_law:legal_authorities:record_usc_9320a36953e34a84b0ef8489
Source file: Laws/federal/codes/united-states-code/title-25/section-5386-regulations--bda1161331.md
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Source location: Title 25, Chapter 46, § 5386; chapter-046-indian-self-determination-and-education-assistance.md
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**(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 conflicting provision of law (including any conflicting regulations).
(3) **Effectiveness without regard to regulations** — The lack of promulgated regulations on an issue shall not limit the effect or implementation of this subchapter.
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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
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Federal law — U.S. Code and appendices · legal_authorities
No funds from any contract or grant pursuant to this subchapter shall be made available by any Federal agency directly to other than public agencies and Indian tribes, institutions, and organizations: Provided, That school districts, State education agencies, and Indian tribes, institutions, and organizations assisted by this subchapter may use funds provided herein to contract for necessary services with any appropriate individual, organization, or corporation.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5367
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Mandatory application** All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter.
**(b) Discretionary application** At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5301
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Interior shall not enter into any contract for the education of Indians unless the prospective contractor has submitted to, and has had approved by the Secretary of the Interior, an education plan, which plan, in the determination of the Secretary, contains educational objectives which adequately address the educational needs of the Indian students who are to be beneficiaries of the contract and assures that the contract is capable of meeting such objectives: Provided, That where students other than Indian students participate in such programs, money expended under such contract shall be prorated to cover the participation of only the Indian students.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5361
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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
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 458aaa–5 was editorially reclassified as [section 5386 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5386&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 458aaa–15
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Federal law — U.S. Code and appendices · legal_authorities
Page 779
TITLE 25—INDIANS
§ 5386
1 So in original.
one or more programs, services, functions, or ac-
tivities (or portions thereof) identified in a fund-
ing agreement, or unless otherwise agreed to by
the parties, each funding agreement shall re-
main in full force and effect until a subsequent
funding agreement is executed, and the terms of
the subsequent funding agreement shall be ret-
roactive to the end of the term of the preceding
funding agreement.
(f) Existing funding agreements
Each Indian tribe participating in the Tribal
Self-Governance Demonstration Project estab-
lished under title III 1 on August 18, 2000, shall
have the option at any time thereafter to—
(1) retain the Tribal Self-Governance Dem-
onstration Project funding agreement of that
Indian tribe (in whole or in part) to the extent
that the provisions of that funding agreement
are not directly contrary to any express provi-
sion of this subchapter; or
(2) instead of retaining a funding agreement
or portion thereof under paragraph (1), nego-
tiate a new funding agreement in a manner
consistent with the requirements of this sub-
chapter.
(g) Stable base funding
At the option of an Indian tribe, a funding
agreement may provide for a stable base budget
specifying the recurring funds (including, for
purposes of this provision, funds available under
section 5325(a) of this title) to be transferred to
such Indian tribe, for such period as may be
specified in the funding agreement, subject to
annual adjustment only to reflect changes in
congressional appropriations by sub-sub activity
excluding earmarks.
(Pub. L. 93–638, title V, § 505, as added Pub. L.
106–260, § 4, Aug. 18, 2000, 114 Stat. 716.)
Editorial Notes
REFERENCES IN TEXT
Act of April 16, 1934, referred to in subsec.
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5386
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