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U.S. Code as of:
01/19/04
Section 458aaa-16. 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 negotiate and promulgate such regulations as are
necessary to carry out this part.
(2) Publication of proposed regulations
Proposed regulations to implement this part shall be published
in the Federal Register 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 established pursuant to
section 565 of title 5 to carry out this section shall have as
its members only Federal and tribal government representatives, a
majority of whom shall be nominated by and be representatives of
Indian tribes with funding agreements under this subchapter.
(2) Requirements
The committee shall confer with, and accommodate 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 rulemaking procedures to
the unique context of self-governance and the
government-to-government relationship between the United States and
Indian tribes.
(d) Effect
The lack of promulgated regulations shall not limit the effect of
this part.
(e) Effect of circulars, policies, manuals, guidances, and rules
Unless expressly agreed to by the participating 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 provisions of section 450j(g) of this title and
regulations promulgated under this section.
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