25 U.S.C. § 2017 — Regulations

Page 428 TITLE 25—INDIANS § 2016 1 So in original. Probably should be section ‘‘2509’’. that financial and compliance audits, based upon the extent to which a school described in subsection (a) has complied with the local finan- cial plan under section 2010 of this title, are con- ducted of each Bureau-operated school at least once every 3 years. (d) Administrative evaluation of schools The Director shall, at least once every 3 to 5 years, conduct a comprehensive evaluation of Bureau-operated schools. Such evaluation shall be in addition to any other program review or evaluation that may be required under Federal law. (Pub. L. 95–561, title XI, § 1135, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2056.) Editorial Notes PRIOR PROVISIONS A prior section 2015, Pub. L. 95–561, title XI, § 1135, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 4010, related to uniform education procedures and practices, prior to the general amendment of this chap- ter by Pub. L. 107–110. Another prior section 2015, Pub. L. 95–561, title XI, § 1135, Nov. 1, 1978, 92 Stat. 2327, related to recruitment policy for Indian educators and promotion plan for Bu- reau employees, prior to the general amendment of this chapter by Pub. L. 103–382. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 107–110, set out as a note under section 6301 of Title 20, Education. § 2016. Rights of Indian students The Secretary shall prescribe such rules and regulations as are necessary to ensure the con- stitutional 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 discipli- nary actions, suspensions, and expulsions. (Pub. L. 95–561, title XI, § 1136, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2056.) Editorial Notes PRIOR PROVISIONS A prior section 2016, Pub. L. 95–561, title XI, § 1136, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 4010, related to recruitment of Indian educators, prior to the general amendment of this chapter by Pub. L. 107–110. See section 2014 of this title. Another prior section 2016, Pub. L. 95–561, title XI, § 1136, Nov. 1, 1978, 92 Stat. 2327; Pub. L. 97–375, title II, § 208(b), Dec. 21, 1982, 96 Stat. 1825; Pub. L. 98–511, title V, § 509, Oct. 19, 1984, 98 Stat. 2397; Pub. L. 99–89, § 7, Aug. 15, 1985, 99 Stat. 383, related to annual reports to Congressional committees and audits, prior to the gen- eral amendment of this chapter by Pub. L. 103–382. A prior section 2016a, Pub. L. 100–297, title VI, § 6210, Apr. 28, 1988, 102 Stat. 427, directed Assistant Secretary of the Interior for Bureau of Indian Affairs to submit to appropriate committees of Congress, the President, and the Secretary by September 30 of every other year a re- port on education of Indian children, prior to repeal by Pub. L. 100–427, § 27, Sept. 9, 1988, 102 Stat. 1614. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 107–110, set out as a note under section 6301 of Title 20, Education. § 2017. Regulations (a) Promulgation (1) In general The Secretary may promulgate only such regulations— (A) as are necessary to ensure compliance with the specific provisions of this chapter; and (B) as the Secretary is authorized to pro- mulgate pursuant to section 2510 of this title.1 (2) Publication In promulgating the regulations, the Sec- retary shall— (A) publish proposed regulations in the Federal Register; and (B) provide a period of not less than 120 days for public comment and consultation on the regulations. (3) Citation The regulations shall contain, immediately following each regulatory section, a citation to any statutory provision providing authority to promulgate such regulatory section. (b) Miscellaneous The provisions of this Act shall supersede any conflicting provisions of law (including any con- flicting regulations) in effect on the day before the date of enactment of this Act and the Sec- retary is authorized to repeal any regulation in- consistent with the provisions of this Act. (Pub. L. 95–561, title XI, § 1137, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2056.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (b), means Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2143, known as the Edu- cation Amendments of 1978. For complete classification of this Act to the Code, see Short Title of 1978 Amend- ment note set out under section 6301 of Title 20, Edu- cation, and Tables. PRIOR PROVISIONS A prior section 2017, Pub. L. 95–561, title XI, § 1137, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 4011; amended Pub. L. 105–244, title IX, § 901(d), Oct. 7, 1998, 112 Stat. 1828; Pub. L. 105–362, title VIII, § 801(c)(4), Nov. 10, 1998, 112 Stat. 3288, related to bien- nial report, prior to the general amendment of this chapter by Pub. L. 107–110. See section 2015 of this title. Another prior section 2017, Pub. L. 95–561, title XI, § 1137, Nov. 1, 1978, 92 Stat. 2327, related to constitu- tional and civil rights of Indian children attending Bu- reau schools, prior to the general amendment of this chapter by Pub. L. 103–382. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive pro- 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 rulemaking committee to carry out this sub- section. 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 govern- ment-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 nomi- nated by the representatives of the tribal and tribally operated schools; (D) ensure, to the maximum extent pos- sible, that the tribal representative member- ship on the committee reflects the propor- tionate 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, payment of costs as- sociated with negotiated rulemaking shall in- clude the reasonable expenses of committee members. (c) Application of section (1) Supremacy of provisions The provisions of this section shall super- sede 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 provi- sions of this chapter. (2) Modifications The Secretary may modify regulations pro- mulgated under this section or the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.], only in accordance with this section. (Pub. L. 95–561, title XI, § 1138, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2057; amended Pub. L. 117–286, § 4(a)(182), Dec. 27, 2022, 136 Stat. 4326.) Editorial Notes REFERENCES IN TEXT The Tribally Controlled Schools Act of 1988, referred to in subsecs. (a), (b)(1), (2), and (c)(2), is part B (§ 5201–5212) of title V of Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 385, as amended, which is classified generally to chapter 27 (§ 2501 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of this title and Tables. The date of enactment of this chapter, referred to in subsec. (c)(1), probably means the date of enactment of Pub. L. 107–110, which amended this chapter generally and was approved Jan. 8, 2002. PRIOR PROVISIONS A prior section 2018, Pub. L. 95–561, title XI, § 1138, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 4011, related to rights of Indian students, prior to the general amendment of this chapter by Pub. L. 107–110. See section 2016 of this title. Another prior section 2018, Pub. L. 95–561, title XI, § 1138, Nov. 1, 1978, 92 Stat. 2327; Pub. L. 98–511, title V, § 510, Oct. 19, 1984, 98 Stat. 2397, related to regulations implementing administrative provisions, prior to the general amendment of this chapter by Pub. L. 103–382. AMENDMENTS 2022—Subsec. (b)(3)(E). Pub. L. 117–286, § 4(a)(182)(A), substituted ‘‘chapter 10 of title 5.’’ for ‘‘the Federal Ad- visory Committee Act (5 U.S.C. App.).’’ Subsec. (b)(4). Pub. L. 117–286, § 4(a)(182)(B), sub- stituted ‘‘section 1006(d) of title 5,’’ for ‘‘section 7(d) of the Federal Advisory Committee Act,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 107–110, set out as a note under section 6301 of Title 20, Education. § 2019. Early childhood development program (a) In general The Secretary shall provide grants to tribes, tribal organizations, and consortia of tribes and tribal organizations to fund early childhood de-