PUBLIC LAW 107-110—JAN. 8, 2002 115 STAT. 2057 provision providing authority to promulgate such regulatory section. "(b) MISCELLANEOUS.—The provisions of this Act shall supersede any conflicting provisions of law (including any conflicting regulations) in effect on the day before the date of enactment of this Act and the Secretary is authorized to repeal any regulation inconsistent with the provisions of this Act. "SEC. 1138. REGIONAL MEETINGS AND NEGOTIATED RULEMAKING. 25 USC 2018. "(a) REGIONAL MEETINGS. — Prior to publishing any proposed regulations under subsection (b)(1), and prior to establishing the negotiated rulemaking committee under subsection (b)(3), 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 part and the Tribally Controlled Schools Act of 1988. " (b) NEGOTIATED RULEMAKING.— "(1) IN GENERAL.— Notwithstanding sections 563(a) and Federal Register, 565(a) of title 5, United States Code, the Secretary shall promul- publication, gate regulations authorized under subsection (a) and under the Tribally Controlled Schools Act of 1988, in accordance with the negotiated rulemaking procedures provided for under subchapter III of chapter 5 of title 5, United States Code, and shall publish final regulations in the Federal Register. "(2) NOTIFICATION TO CONGRESS. — If draft regulations implementing this part and the Tribally Controlled Schools Act of 1988 are not promulgated in final form within 18 months after the date of enactment of the Native American Education Improvement Act of 2001, 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, United States Code, 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, tlmt the tribal representative membership on the committee^reflects the proportionate share of students from tribes ^rved by the Bureau-funded school system; and "(E) comply with the Federal Advisory Committee Act (5 U.S.C. App.). 89-1940 -03-35 QL3 Part2
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