§ 5373. Regulations

• (a)
  • (1) 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) Proposed regulations to implement this subchapter shall be published in the Federal Register not later than 38 months after October 21, 2020 .
  • (3) The authority to promulgate regulations under paragraph (1) shall expire on the date that is 50 months after October 21, 2020 .
• (b)
  • (1) 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) Among the Federal representatives described in paragraph (1), the Office of Self-Governance shall be the lead agency for the Department.
• (c) 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)
  • (1) The Secretary may repeal any regulation that is inconsistent with this chapter.
  • (2) 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) The lack of promulgated regulations on an issue shall not limit the effect or implementation of this subchapter.