§ 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.