Page:United States Statutes at Large Volume 114 Part 1.djvu/766

 114 STAT. 730 PUBLIC LAW 106-260—AUG. 18, 2000 25 USC 458aaa-16. Deadline. Federal Register, publication. 25 USC 458aaa-17. if it were set out in full in this title. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement. " SEC. 517. REGULATIONS. "(a) IN GENERAL.— "(1) PROMULGATION. —Not later than 90 days after the date of the enactment of the Tribal Self-Governance Amendments of 2000, the Secretary shall initiate procedures under subchapter III of chapter 5 of title 5, United States Code, to negotiate and promulgate such regulations as are necessary to carry out this title. "(2) PUBLICATION OF PROPOSED REGULATIONS. —Proposed regulations to implement this title shall be published in the Federal Register by the Secretary no later than 1 year after the date of the enactment of the Tribal Self-Governance Amendments of 2000. "(3) EXPIRATION OF AUTHORITY.—The authority to promulgate regulations under paragraph (1) shall expire 21 months after the date of the enactment of the Tribal Self-Governance Amendments of 2000. "(b) COMMITTEE.— "(1) IN GENERAL.— ^A negotiated rulemaking committee established pursuant to section 565 of title 5, United States Code, to carry out this section shall have as its members only Federal and tribal government representatives, a majority of whom shall be nominated by and be representatives of Indian tribes with funding agreements under this Act. "(2) REQUIREMENTS.— The committee shall confer with, and accommodate participation by, representatives of Indian tribes, inter-tribal consortia, tribal organizations, and individual tribal members. "(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. — The lack of promulgated regulations shall not limit the effect of this title. "(e) EFFECT OF CIRCULARS, POLICIES, MANUALS, GUIDANCES, AND RULES.— Unless expressly agreed to by the participating Indian tribe in the compact or funding agreement, the participating Indian tribe shall not be subject to any agency circular, policy, manual, guidance, or rule adopted by the Indian Health Service, except for the eligibility provisions of section 105(g) and regulations promulgated under section 517. "SEC. 518. APPEALS. "In any appeal (including civil actions) involving decisions made by the Secretary under this title, the Secretary shall have the burden of proof of demonstrating by clear and convincing evidence— "(1) the validity of the grounds for the decision made; and "(2) that the decision is fully consistent with provisions and policies of this title.

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