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Code · U.S. Code · Title 25 - INDIANS · CHAPTER 46— INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE · SUBCHAPTER IV— TRIBAL SELF-GOVERNANCE—DEPARTMENT OF THE INTERIOR · § 5373

§ 5373. Regulations

451 words·~2 min read·/usc/title-25/section-5373

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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 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, 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.
(Pub. L. 93–638, title IV, § 413, as added Pub. L. 116–180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 877; amended Pub. L. 118–15, div. B, title I, § 2102, Sept. 30, 2023, 137 Stat. 82.)
Connections22 cite this · traces to 7
Cited by 22 sections · top 19
5 references not yet in our index
  • Pub. L. 93–638, title IV, § 413
  • 134 Stat. 877
  • 137 Stat. 82
  • Pub. L. 93–638
  • 88 Stat. 2203
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§ 5373
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Pub. L.Pub. L. 93–638, title IV, § 413
Stat.134 Stat. 877
Stat.137 Stat. 82
Pub. L.Pub. L. 93–638
Stat.88 Stat. 2203
Cites 12Cited by 22 across 7 sources
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