§ 4116 TITLE 25—INDIANS Page 716

fied in regulations issued by the Secretary

insofar as the provisions of such Act or such

other provisions of law apply pursuant to

subsection (a) of this section; and

(B) is authorized and consents on behalf of

the tribe and such officer to accept the jurisdiction of the Federal courts for the purpose

of enforcement of the responsibilities of the

certifying officer as such an official.

(Pub. L. 104–330, title I, §105, Oct. 26, 1996, 110

Stat. 4028.)

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in text, is Pub. L. 91–190, Jan. 1, 1970, 83 Stat.

852, as amended, which is classified generally to chapter 55 (§4321 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 4321 of

Title 42 and Tables.

EFFECTIVE DATE

Section effective Oct. 1, 1997, except as otherwise expressly provided, see section 107 of Pub. L. 104–330, set

out as a note under section 4101 of this title.

§ 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 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, §106, Oct. 26, 1996, 110

Stat. 4029.)

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a) and (b), was

in the original ‘‘this Act’’, meaning Pub. L. 104–330,

Oct. 26, 1996, 110 Stat. 4016, known as the Native American Housing Assistance and Self-Determination Act of

1996. For complete classification of this Act to the

Code, see Short Title note set out under section 4101 of

this title and Tables.

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, §201(a), Aug. 22, 1974,

88 Stat. 653, which is classified generally to chapter 8

(§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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4112, 4113, 4152

of this title.

§ 4117. Authorization of appropriations

There are authorized to be appropriated for

grants under this subchapter such sums as may

be necessary for each of fiscal years 1998, 1999,

2000, and 2001. This section shall take effect on

October 26, 1996.

(Pub. L. 104–330, title I, §108, Oct. 26, 1996, 110

Stat. 4030.)

SUBCHAPTER II—AFFORDABLE HOUSING

ACTIVITIES

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 4103, 4111,

4112 of this title.

§ 4131. National objectives and eligible families

(a) Primary objective

The national objectives of this chapter are—