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25 U.S.C. § 5302 — Regulations
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
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Source location: Title 25, Chapter 46, § 5302; chapter-046-indian-self-determination-and-education-assistance.md
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**(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 be subject to any agency circular, policy, manual, guidance, or rule adopted by the Indian Health Service, except for the eligibility provisions of [section 5324(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5324/g&num=0&edition=prelim) and regulations promulgated under this section.
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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
**(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
### Statutory Notes
#### Codification
Section 450a was editorially reclassified as [section 5302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5302&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 450g
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Request by tribe; authorized programs**
(1) The Secretary is directed, upon the request of any Indian tribe by tribal resolution, to enter into a self-determination contract or contracts with a tribal organization to plan, conduct, and administer programs or portions thereof, including construction programs—
(A) provided for in the Act of April 16, 1934 (48 Stat. 596), as amended [[25 U.S.C. 5342](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5342&num=0&edition=prelim) et seq.];
(B) which the Secretary is authorized to administer for the benefit of Indians under the Act of November 2, 1921 (42 Stat. 208) [[25 U.S.C. 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section13&num=0&edition=prelim)], and any Act subsequent thereto;
(C) provided by the Secretary of Health and Human Services under the Act of August 5, 1954 (68 Stat. 674), as amended [[42 U.S.C. 2001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2001&num=0&edition=prelim) et seq.];
(D) administered by the Secretary for the benefit of Indians for which appropriations are made to agencies other than the Department of Health and Human Services or the Department of the Interior; and
(E) for the benefit of Indians because of their status as Indians without regard to the agency or office of the Department of Health and Human Services or the Department of the Interior within which it is performed.
The programs, functions, services, or activities that are contracted under this paragraph shall include administrative functions of the Department of the Interior and the Department of Health and Human Services (whichever is applicable) that support the delivery of services to Indians, including those administrative
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5330
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Federal law — U.S. Code and appendices · legal_authorities
Page 719
TITLE 25—INDIANS
§ 5304
with the Secretary of the Interior, shall report to the
President on progress toward establishing training
modules regarding Tribal consultation and shall iden-
tify additional resources or other support necessary to
implement this training.
SEC. 9. Definitions. The terms ‘‘Tribal officials,’’
‘‘policies that have Tribal implications,’’ and ‘‘agency’’
as used in this memorandum are as defined in Execu-
tive Order 13175. The terms ‘‘Tribes’’ and ‘‘Tribal Na-
tions’’ as used in this memorandum have the same defi-
nition as the term ‘‘Indian Tribe’’ as defined in Execu-
tive Order 13175.
SEC. 10. Scope. Nothing in this memorandum shall be
construed to impair or otherwise affect the ability of
heads of agencies to set more specific or more stringent
standards, or to incorporate other best practices, for
conducting Tribal consultation.
SEC. 11. General Provisions. (a) Nothing in this memo-
randum shall be construed to impair or otherwise af-
fect:
(i) the authority granted by law to an executive de-
partment or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Man-
agement and Budget relating to budgetary, administra-
tive, or legislative proposals.
(b) This memorandum shall be implemented con-
sistent with applicable law and subject to the avail-
ability of appropriations.
(c) This memorandum is not intended to, and does
not, create any right or benefit, substantive or proce-
dural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other
person.
(d) Independent agencies are strongly encouraged to
comply with the provisions of this memorandum.
(e) The Director of the Office of Manage
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