---
kind: "section"
citation: "25 U.S.C. § 2018"
title: "25"
title_heading: "Indians"
number: "2018"
heading: "Regional meetings and negotiated rulemaking"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/2018"
units:
  - "Chapter 22 — Bureau of Indian Affairs Programs"
---

# §2018. Regional meetings and negotiated rulemaking

- (a) **Regional meetings—** Prior to publishing any proposed [regulations](/usc/25/2021.md?p=16-A) under [subsection (b)(1)](#b-1), and prior to establishing the negotiated rulemaking committee under [subsection (b)(3)](#b-3), the [Secretary](/usc/25/2021.md?p=17) shall convene regional meetings to consult with personnel of the [Office](/usc/25/2021.md?p=15) of Indian Education Programs, educators at [Bureau schools](/usc/25/2021.md?p=4), and tribal officials, parents, teachers, administrators, and school board members of [tribes](/usc/25/2021.md?p=20) served by [Bureau-funded schools](/usc/25/2021.md?p=3) to provide guidance to the [Secretary](/usc/25/2021.md?p=17) on the content of [regulations](/usc/25/2021.md?p=16-A) authorized to be promulgated under this chapter and the Tribally Controlled Schools Act of 1988 [[25 U.S.C. 2501](/usc/25/2501.md) et seq.].
- (b) **Negotiated rulemaking—**
  - (1) **In general—** Notwithstanding sections [563(a)](/usc/5/563.md?p=a) and [565(a)](/usc/5/565.md?p=a) of title 5, the [Secretary](/usc/25/2021.md?p=17) shall promulgate [regulations](/usc/25/2021.md?p=16-A) authorized under [subsection (a)](#a) and under the Tribally Controlled Schools Act of 1988 [[25 U.S.C. 2501](/usc/25/2501.md) et seq.], in accordance with the negotiated rulemaking procedures provided for under subchapter III of [chapter 5](/usc/5/chptI/ch5.md) of title 5, and shall publish final [regulations](/usc/25/2021.md?p=16-A) in the Federal Register.
  - (2) **Notification to Congress—** If draft [regulations](/usc/25/2021.md?p=16-A) implementing this chapter and the Tribally Controlled Schools Act of 1988 [[25 U.S.C. 2501](/usc/25/2501.md) et seq.] are not promulgated in final form within 18 months after January 8, 2002, the [Secretary](/usc/25/2021.md?p=17) shall notify the appropriate committees of Congress of which draft [regulations](/usc/25/2021.md?p=16-A) were not promulgated in final form by the deadline and the reason such final [regulations](/usc/25/2021.md?p=16-A) were not promulgated.
  - (3) **Rulemaking committee—** The [Secretary](/usc/25/2021.md?p=17) shall establish a negotiated rulemaking committee to carry out this subsection. In establishing such committee, the [Secretary](/usc/25/2021.md?p=17) shall—
    - (A) apply the procedures provided for under subchapter III of [chapter 5](/usc/5/chptI/ch5.md) of title 5 in a manner that reflects the unique government-to-government relationship between [Indian tribes](/usc/25/5130.md?p=2) and the United States;
    - (B) ensure that the membership of the committee includes only representatives of the Federal Government and of [tribes](/usc/25/2021.md?p=20) served by [Bureau-funded schools](/usc/25/2021.md?p=3);
    - (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, that the tribal representative membership on the committee reflects the proportionate share of students from [tribes](/usc/25/2021.md?p=20) served by the [Bureau-funded school](/usc/25/2021.md?p=3) system; and
    - (E) comply with chapter 10 of title 5.
  - (4) **Special rule—** The [Secretary](/usc/25/2021.md?p=17) shall carry out this section using the general administrative funds of the Department of the Interior. In accordance with subchapter III of [chapter 5](/usc/5/chptI/ch5.md) of title 5 and [section 1006(d) of title 5](/usc/5/1006.md?p=d), payment of costs associated with negotiated rulemaking shall include the reasonable expenses of committee members.
- (c) **Application of section—**
  - (1) **Supremacy of provisions—** The provisions of this section shall supersede any conflicting [regulations](/usc/25/2021.md?p=16-A) in effect on the day before the date of enactment of this chapter, and the [Secretary](/usc/25/2021.md?p=17) may repeal any [regulation](/usc/25/2021.md?p=16-A) that is inconsistent with the provisions of this chapter.
  - (2) **Modifications—** The [Secretary](/usc/25/2021.md?p=17) may modify [regulations](/usc/25/2021.md?p=16-A) promulgated under this section or the Tribally Controlled Schools Act of 1988 [[25 U.S.C. 2501](/usc/25/2501.md) et seq.], only in accordance with this section.

## Source credit

(Pub. L. 95–561, title XI, § 1138, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2057; amended Pub. L. 117–286, § 4(a)(182), Dec. 27, 2022, 136 Stat. 4326.)

## Notes

### Editorial Notes

### References in Text

The Tribally Controlled Schools Act of 1988, referred to in subsecs. (a), (b)(1), (2), and (c)(2), is part B (§ 5201–5212) of title V of Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 385, as amended, which is classified generally to chapter 27 (§ 2501 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of this title and Tables.

The date of enactment of this chapter, referred to in subsec. (c)(1), probably means the date of enactment of Pub. L. 107–110, which amended this chapter generally and was approved Jan. 8, 2002.

### Prior Provisions

A prior section 2018, Pub. L. 95–561, title XI, § 1138, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 4011, related to rights of Indian students, prior to the general amendment of this chapter by Pub. L. 107–110. See section 2016 of this title.

Another prior section 2018, Pub. L. 95–561, title XI, § 1138, Nov. 1, 1978, 92 Stat. 2327; Pub. L. 98–511, title V, § 510, Oct. 19, 1984, 98 Stat. 2397, related to regulations implementing administrative provisions, prior to the general amendment of this chapter by Pub. L. 103–382.

### Amendments

2022—Subsec. (b)(3)(E). Pub. L. 117–286, § 4(a)(182)(A), substituted “chapter 10 of title 5.” for “the Federal Advisory Committee Act (5 U.S.C. App.).”

Subsec. (b)(4). Pub. L. 117–286, § 4(a)(182)(B), substituted “section 1006(d) of title 5,” for “section 7(d) of the Federal Advisory Committee Act,”.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as a note under section 6301 of Title 20, Education.