25 U.S.C. § 5398 — Appeals

Page 788 TITLE 25—INDIANS § 5397 Subchapter I of this chapter, referred to in subsec. (b), was in the original ‘‘title I’’, meaning title I of Pub. L. 93–638, known as the Indian Self-Determination Act, which is classified principally to subchapter I (§ 5321 et seq.) of this chapter. For complete classification of title I to the Code, see Short Title note set out under section 5301 of this title and Tables. CODIFICATION Section was formerly classified to section 458aaa–15 of this title prior to editorial reclassification and re- numbering as this section. § 5397. 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 nego- tiate and promulgate such regulations as are necessary to carry out this subchapter. (2) Publication of proposed regulations Proposed regulations to implement this sub- chapter shall be published in the Federal Reg- ister 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 estab- lished pursuant to section 565 of title 5 to carry out this section shall have as its mem- bers only Federal and tribal government rep- resentatives, 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 ac- commodate 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 rule- making procedures to the unique context of self- governance and the government-to-government relationship between the United States and In- dian tribes. (d) Effect The lack of promulgated regulations shall not limit the effect of this subchapter. (e) Effect of circulars, policies, manuals, guid- ances, and rules Unless expressly agreed to by the partici- pating 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 provi- sions of section 5324(g) of this title and regula- tions promulgated under this section. (Pub. L. 93–638, title V, § 517, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 730.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b)(1), was in the original ‘‘this Act’’, meaning Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determina- tion and Education Assistance Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. CODIFICATION Section was formerly classified to section 458aaa–16 of this title prior to editorial reclassification and re- numbering as this section. § 5398. Appeals In any appeal (including civil actions) involv- ing decisions made by the Secretary under this subchapter, the Secretary shall have the burden of proof of demonstrating by clear and con- vincing evidence— (1) the validity of the grounds for the deci- sion made; and (2) that the decision is fully consistent with provisions and policies of this subchapter. (Pub. L. 93–638, title V, § 518, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 730.) Editorial Notes CODIFICATION Section was formerly classified to section 458aaa–17 of this title prior to editorial reclassification and re- numbering as this section. § 5399. Authorization of appropriations (a) In general There are authorized to be appropriated such sums as may be necessary to carry out this sub- chapter. (b) Availability of appropriations Notwithstanding any other provision of this chapter, the provision of funds under this chap- ter shall be subject to the availability of appro- priations and the Secretary is not required to reduce funding for programs, projects, or activi- ties serving a tribe in order to make funds avail- able to another tribe or tribal organization under this chapter. (Pub. L. 93–638, title V, § 519, as added Pub. L. 106–260, § 4, Aug. 18, 2000, 114 Stat. 731.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in the original ‘‘this Act’’, meaning Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determina- tion and Education Assistance Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. CODIFICATION Section was formerly classified to section 458aaa–18 of this title prior to editorial reclassification and re- numbering as this section. SUBCHAPTER VI—INDIAN LAW ENFORCEMENT FOUNDATION § 5411. Definitions In this subchapter: