Pub. L. 104-330, tit. I, sec. 106
REGULATIONS.
SEC. 106. REGULATIONS. (a) Transition Requirements.— (1) In general.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall, by notice issued in the Federal Register, establish any requirements necessary to provide for the transition (upon the effectiveness of this Act and the amendments made by this Act) from the provision of assistance for Indian tribes and Indian housing authorities under the United States Housing Act of 1937 and 110 STAT. 4030other related provisions of law to the provision of assistance in accordance with tins Act and the amendments made by this Act. (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 Act; and (B) include a general notice of proposed rulemaking (for purposes of section 564(a) of title 5, United States Code) of the final regulations under subsection (b). (b) Final Regulations.— (1) Timing.—The Secretary shall issue final regulations necessary to carry out this Act not later than September 1, 1997, and such regulations shall take effect not later than the effective date of this Act. (2) Negotiated rulemaking procedure.— (A) In general.—Notwithstanding sections 563(a) and 565(a) of title 5, United States Code, all regulations required under this Act shall be issued according to a negotiated rulemaking procedure under subchapter III of chapter 5 of title 5, United States Code. (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 the date of the enactment of this Act.