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2026-07-06 10:51:44 -04:00

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LegalText 25 U.S.C. § 5373 Regulations us united_states_code code_section 25 INDIANS 46 INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE 5373 25 U.S.C. § 5373 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc25@119-100.zip /us/usc/t25/s5373 data/legal/raw/us/code/title-25/usc25.xml c0d5b2d94f39f8ccfcd6c7c7dc1eb71497d8b5f2cae1c3c66c2abadc7f917650 d4661d83bff6862be548ac8e843ba61e942ed983aade7cf83cb7dbc3dcd08168 2d7797fc380cf7b109e061c18ca4cfe5434518e13e3117d6d4529dac72c0a357 2026-07-04 official
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25 U.S.C. § 5373 - Regulations

Text

(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. 93638, title IV, § 413, as added Pub. L. 116180, title I, § 101(e), Oct. 21, 2020, 134 Stat. 877; amended Pub. L. 11815, div. B, title I, § 2102, Sept. 30, 2023, 137 Stat. 82.)

Notes

Editorial Notes

References in TextThis chapter, referred to in subsec. (d)(1), was in the original “this Act”, meaning Pub. L. 93638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determination and Education Assistance Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. Section 101(a) of the PROGRESS for Indian Tribes Act, referred to in subsec. (d)(2), is section 101(a) of Pub. L. 116180, which is set out as a note under section 5361 of this title.

Prior ProvisionsProvisions similar to those in this section were contained in section 5367 of this title prior to repeal by Pub. L. 116180.

Amendments2023—Subsec. (a)(2). Pub. L. 11815, § 2102(1), substituted “38 months” for “21 months”. Subsec. (a)(3). Pub. L. 11815, § 2102(2), substituted “50 months” for “30 months”.