Pub. L. 100-175, tit. V, sec. 503
PROCEDURAL REQUIREMENTS.
SEC. 503. PROCEDURAL REQUIREMENTS. (a) Rulemaking.—The Native American Programs Act of 1974 (42 U.S.C. 2991–2992d) is amended by inserting after section 813, as so redesignated by section 502, the following: “additional requirements applicable to rulemaking “SEC. 814. (a) Notwithstanding subsection (a) of section 553 of title 5, United States Code, and except as otherwise provided in this section, such section 553 shall apply with respect to the establishment and general operation of any program that provides loans, grants, benefits, or contracts authorized by this title. “(b)(1) Subparagraph (A) of the last sentence of section 553(b) of title 5, United States Code, shall not apply with respect to any interpretative rule or general statement of policy— “(A) proposed under this title; or “(B) applicable exclusively to any program, project, or activity authorized by, or carried out under, this title. “(2) Subparagraph (B) of the last sentence of section 553(b) of title 5, United States Code, shall not apply with respect to any rule (other than an interpretative rule or a general statement of policy)— “(A) proposed under this title; or “(B) applicable exclusively to any program, project, or activity authorized by, or carried out under, this title. “(3) The first 2 sentences of section 553(b) of title 5, United States Code, shall apply with respect to any rule (other than an interpretative rule, a general statement of policy, or a rule of agency organization, procedure, or practice) that is— “(A) proposed under this title; or “(B) applicable exclusively to any program, project, or activity authorized by, or carried out under, this title; unless the Secretary for good cause finds (and incorporates the finding and a brief statement of the reasons therefor in such rule) that notice and public procedure thereon are contrary to the public interest or would impair the effective administration of any program, project, or activity with respect to which such rule is issued. “(c) Notwithstanding section 553(d) of title 5, United States Code, no rule (including an interpretative rule) or general statement of policy that— 101 STAT. 975 “(1) is issued to carry out this title; or “(2) applies exclusively to any program, project, or activity authorized by, or carried out under, this title; may take effect until 30 days after the publication required under the first 2 sentences of section 553(b) of title 5, United States Code. “(d) Each rule (including an interpretative rule) and each general statement of policy to which this section applies shall contain after each of its sections, paragraphs, or similar textual units a citation to the particular provision of statutory or other law that is the legal authority for such section, paragraph, or unit. “(e) Except as provided in subsection (c), if as a result of the enactment of any law affecting the administration of this title it is necessary or appropriate for the Secretary to issue any rule (including any interpretative rule) or a general statement of policy, the Secretary shall issue such rule or such general statement of policy not later than 180 days after the date of the enactment of such law. “(f) Whenever an agency publishes in the Federal Register a rule (including an interpretative rule) or a general statement of policy to which subsection (c) applies, such agency shall transmit a copy of such rule or such general statement of policy to the Speaker of the House of Representatives and the President pro tempore of the Senate.”. (b) Definition of Rule.—Section 815 of the Native American Programs Act of 1974 (42 U.S.C. 2992c), as so redesignated by section 502, is amended— (1) in paragraph (3) by striking “and” at the end thereof, (2) by redesignating paragraph (4) as paragraph (5), and (3) by insertin after paragraph (3) the following: “(4) the term ‘rule’ has the meaning given it in section 551(4) of title 5, United States Code, as amended from time to time; and”.