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§ 2018. —  Rights of Indian students.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 25USC2018]

 
                            TITLE 25--INDIANS
 
              CHAPTER 22--BUREAU OF INDIAN AFFAIRS PROGRAMS
 
Sec. 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.

(Pub. L. 95-561, title XI, Sec. 1138, as added Pub. L. 107-110, title X, 
Sec. 1042, Jan. 8, 2002, 115 Stat. 2057.)

                       References in Text

    The Tribally Controlled Schools Act of 1988, referred to in subsecs. 
(a), (b)(1), (2), and (c)(2), is part B (Sec. 5201-5212) of title V of 
Pub. L. 100-297, Apr. 28, 1988, 102 Stat. 385, as amended, which is 
classified generally to chapter 27 (Sec. 2501 et seq.) of this title. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 2501 of this title and Tables.
    The Federal Advisory Committee Act, referred to in subsec. 
(b)(3)(E), (4), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as 
amended, which is set out in the Appendix to Title 5, Government 
Organization and Employees.
    The date of enactment of this chapter, referred to in subsec. 
(c)(1), probably means the date of enactment of Pub. L. 107-110, which 
amended this chapter generally and was approved Jan. 8, 2002.


                            Prior Provisions

    A prior section 2018, Pub. L. 95-561, title XI, Sec. 1138, as added 
Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108 Stat. 4011, 
related to rights of Indian students, prior to the general amendment of 
this chapter by Pub. L. 107-110. See section 2016 of this title.
    Another prior section 2018, Pub. L. 95-561, title XI, Sec. 1138, 
Nov. 1, 1978, 92 Stat. 2327; Pub. L. 98-511, title V, Sec. 510, Oct. 19, 
1984, 98 Stat. 2397, related to regulations implementing administrative 
provisions, prior to the general amendment of this chapter by Pub. L. 
103-382.

                  Section Referred to in Other Sections

    This section is referred to in section 2005 of this title; title 20 
section 6316.



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