§ 4116. Regulations
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(a)Transition requirements
(1)In general Not later than 90 days after October 26, 1996, the Secretary shall, by notice issued in the Federal Register, establish any requirements necessary to provide for the transition (upon the effectiveness of this chapter and the amendments made by this chapter) from the provision of assistance for Indian tribes and Indian housing authorities under the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] and other related provisions of law to the provision of assistance in accordance with this chapter and the amendments made by this chapter.
(2)Public comments; general notice of proposed rulemaking The notice issued under paragraph
(1)shall—
(A)invite public comments regarding such transition requirements and final regulations to carry out this chapter; and
(B)include a general notice of proposed rulemaking (for purposes of section 564(a) of title 5) of the final regulations under subsection (b).
(b)Final regulations
(1)Timing The Secretary shall issue final regulations necessary to carry out this chapter not later than September 1, 1997, and such regulations shall take effect not later than the effective date of this chapter.
(2)Negotiated rulemaking procedure
(A)In general Notwithstanding sections 563(a) and 565(a) of title 5, all regulations required under this chapter, including any regulations that may be required pursuant to amendments made to this chapter after October 26, 1996, shall be issued according to a negotiated rulemaking procedure under subchapter III of chapter 5 of title 5.
(B)Committee
(i)In general Not later than 180 days after the date of enactment of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 and any other Act to reauthorize this chapter, the Secretary shall establish a negotiated rulemaking committee, in accordance with the procedures under that subchapter, for the development of proposed regulations under subparagraph (A).
(ii)Adaptation In establishing the negotiated rulemaking committee, the Secretary shall—
(I)adapt the procedures under the subchapter described in clause
(i)to the unique government-to-government relationship between the Indian tribes and the United States, and shall ensure that the membership of the committee include only representatives of the Federal Government and of geographically diverse small, medium, and large Indian tribes; and
(II)shall not preclude the participation of tribally designated housing entities should tribes elect to be represented by such entities.
(C)Subsequent negotiated rulemaking The Secretary shall—
(i)initiate a negotiated rulemaking in accordance with this section by not later than 90 days after the date of enactment of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 and any other Act to reauthorize this chapter; and
(ii)promulgate regulations pursuant to this section by not later than 2 years after the date of enactment of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 and any other Act to reauthorize this chapter.
(D)Review Not less frequently than once every 7 years, the Secretary, in consultation with Indian tribes, shall review the regulations promulgated pursuant to this section in effect on the date on which the review is conducted.
(c)Effective date This section shall take effect on October 26, 1996.
(Pub. L. 104–330, title I, § 106, Oct. 26, 1996, 110 Stat. 4029; Pub. L. 107–292, § 6, Nov. 13, 2002, 116 Stat. 2054; Pub. L. 110–411, title I, § 105, Oct. 14, 2008, 122 Stat. 4324.)
Connections21 cite this · traces to 3
Cited by 21 sections · top 20
public-private-law
register
statutes-at-large
- Public Law 104–330To provide Federal assistance for Indian tribes in a manner that recognizes the right of tribal self-governance, and for other purposes
- Public Law 117–103Making consolidated appropriations for the fiscal year ending September 30, 2022, and for providing emergency assistance for the situation in Ukraine, and for other purposes
- Public Law 116–260Making consolidated appropriations for the fiscal year ending September 30, 2021, providing coronavirus emergency response and relief, and for other purposes
- Public Law 110–411To reauthorize the programs for housing assistance for Native Americans
- Public Law 116–94Making further consolidated appropriations for the fiscal year ending September 30, 2020, and for other purposes
- Public Law 117–328Making consolidated appropriations for the fiscal year ending September 30, 2023, and for providing emergency assistance for the situation in Ukraine, and for other purposes
- Public Law 107–292To reauthorize the Native American Housing Assistance and Self-Determination Act of 1996
statute-compilations
- Sec. 7071protective services
- Sec. 193The Secretary of Transportation shall coordinate with the Secretary of Homeland Security to ensure that best practices for Industrial Control Systems Procurement are up-to-date and shall ensure that systems procured with funds provided under this title were procured using such practices.
16 references not yet in our index
- Pub. L. 104–330, title I, § 106
- 110 Stat. 4029
- Pub. L. 107–292, § 6
- 116 Stat. 2054
- Pub. L. 110–411, title I, § 105
- 122 Stat. 4324
- Pub. L. 104–330
- 110 Stat. 4016
- section 107 of Pub. L. 104–330
- act Sept. 1, 1937, ch. 896
- Pub. L. 93–383, title II, § 201(a)
- 88 Stat. 653
- Pub. L. 110–411
- Pub. L. 110–411, § 105(1)
- Pub. L. 110–411, § 105(2)
- Pub. L. 107–292
Citation graph
cites case law
§ 4116
Regulations
Stat.×7
Pub. L.×4
Fed. Reg.×4
U.S.C.×4
Stat. Comp.×2
Pub. L.Pub. L. 104–330, title I, § 106
Stat.110 Stat. 4029
Pub. L.Pub. L. 107–292, § 6
Stat.116 Stat. 2054
Pub. L.Pub. L. 110–411, title I, § 105
Cites 19 · showing 8Cited by 21 across 5 sources