§ 4116. — Regulations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC4116]
TITLE 25--INDIANS
CHAPTER 43--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
SUBCHAPTER I--BLOCK GRANTS AND GRANT REQUIREMENTS
Sec. 4116. Regulations
(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) of this section.
(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
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) Effective date
This section shall take effect on October 26, 1996.
(Pub. L. 104-330, title I, Sec. 106, Oct. 26, 1996, 110 Stat. 4029; Pub.
L. 107-292, Sec. 6, Nov. 13, 2002, 116 Stat. 2054.)
References in Text
For the effective date of this chapter, referred to in subsecs.
(a)(1) and (b)(1), as Oct. 1, 1997, except as otherwise expressly
provided, see section 107 of Pub. L. 104-330, set out as an Effective
Date note under section 4101 of this title.
The United States Housing Act of 1937, referred to in subsec.
(a)(1), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L.
93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, which is
classified generally to chapter 8 (Sec. 1437 et seq.) of Title 42, The
Public Health and Welfare. For complete classification of this Act to
the Code, see Short Title note set out under section 1437 of Title 42
and Tables.
Amendments
2002--Subsec. (b)(2)(A). Pub. L. 107-292 inserted ``, including any
regulations that may be required pursuant to amendments made to this
chapter after October 26, 1996,'' after ``required under this chapter''.
Section Referred to in Other Sections
This section is referred to in sections 4112, 4113, 4152 of this
title.
