‘‘(2) 
PUBLICATION
OF
PROPOSED
REGULA-
TIONS.—Proposed 
regulations 
to 
implement 
the 
amendments shall be published in the Federal Reg-
ister not later than 18 months after the date of the 
enactment of this title. 
‘‘(3) EXPIRATION OF AUTHORITY.—The author-
ity to promulgate regulations under paragraph (1) 
shall expire on the date that is 24 months after the 
date of the enactment of this title. 
‘‘(b) COMMITTEE.— 
‘‘(1) MEMBERSHIP.—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 govern-
ment representatives. 
‘‘(2) LEAD
AGENCY.—Among the Federal rep-
resentatives, the Office of Self-Governance shall be the 
lead agency for the Department. 
‘‘(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 In-
dian tribes. 
‘‘(d) EFFECT.— 
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‘‘(1) REPEAL.—The Secretary is authorized to 
repeal any regulation inconsistent with the provisions 
of this Act. 
‘‘(2) CONFLICTING PROVISIONS.—The provisions 
of this title shall supersede any conflicting provisions 
of law (including any conflicting regulations). 
‘‘(3) EFFECTIVENESS WITHOUT REGARD TO REG-
ULATIONS.—The lack of promulgated regulations on 
an issue shall not limit the effect or the implementa-
tion of this title. 
‘‘SEC. 416. EFFECT OF CIRCULARS, POLICIES, MANUALS, 
GUIDANCES, AND RULES. 
‘‘Unless expressly agreed to by a participating Indian 
tribe in the compact or funding agreement, the partici-
pating Indian tribe shall not be subject to any agency cir-
cular, policy, manual, guidance, or rule adopted by the De-
partment, except for— 
‘‘(1) the eligibility provisions of section 105(g); 
and 
‘‘(2) regulations promulgated under section 415. 
‘‘SEC. 417. APPEALS. 
‘‘In any administrative appeal or civil action for judi-
cial review of any decision made by the Secretary under 
this title, the Secretary shall have the burden of proof of 
demonstrating by a preponderance of the evidence— 
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‘‘(1) the validity of the grounds for the decision; 
and 
‘‘(2) the consistency of the decision with the pro-
visions and policies of this title. 
‘‘SEC. 418. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated such sums 
as may be necessary to carry out this title.’’. 
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Union Calendar No. 348 
111TH CONGRESS 
2D SESSION 
H. R. 4347 
[Report No. 111–603] 
A BILL 
To amend the Indian Self-Determination and Edu-
cation Assistance Act to provide further self-gov-
ernance by Indian tribes, and for other purposes. 
SEPTEMBER 16, 2010 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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