25 U.S.C. § 2018 : US Code - Section 2018: Regional meetings and negotiated rulemaking

Search 25 U.S.C. § 2018 : US Code - Section 2018: Regional meetings and negotiated rulemaking

(a) Regional meetings
Prior to publishing any proposed regulations under subsection
(b)(1) of this section, and prior to establishing the negotiated
rulemaking committee under subsection (b)(3) of this section, the
Secretary shall convene regional 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 promulgated 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 regulations authorized under
subsection (a) of this section and under the Tribally Controlled
Schools Act of 1988 [25 U.S.C. 2501 et seq.], in accordance with
the negotiated rulemaking procedures provided 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 chapter and the Tribally
Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.] are not
promulgated 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 subsection. 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
government-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 nominated by the representatives of the
tribal and tribally operated schools;
(D) ensure, to the maximum extent possible, that the tribal
representative membership on the committee reflects the
proportionate share of students from tribes served by the
Bureau-funded school system; and
(E) comply with the Federal Advisory Committee Act (5 U.S.C.
App.).
(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 7(d) of the Federal Advisory Committee Act, payment of
costs associated with negotiated rulemaking shall include the
reasonable expenses of committee members.
(c) Application of section
(1) Supremacy of provisions
The provisions of this section shall supersede 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 provisions of this chapter.
(2) Modifications
The Secretary may modify regulations promulgated under this
section or the Tribally Controlled Schools Act of 1988 [25 U.S.C.
2501 et seq.], only in accordance with this section.