1. U.S. Code
  2. title 25
  3. chapter 18
  4. subchapter III
  5. § 1633

Collapse to view only § 1633. Preferences to Indians and Indian firms

§ 1631. Consultation; closure of facilities; reports
(a) Consultation; standards for accreditationPrior to the expenditure of, or the making of any firm commitment to expend, any funds appropriated for the planning, design, construction, or renovation of facilities pursuant to section 13 of this title, the Secretary, acting through the Service, shall—
(1) consult with any Indian tribe that would be significantly affected by such expenditure for the purpose of determining and, whenever practicable, honoring tribal preferences concerning size, location, type, and other characteristics of any facility on which such expenditure is to be made, and
(2) ensure, whenever practicable, that such facility meets the standards of the Joint Commission on Accreditation of Health Care Organizations by not later than 1 year after the date on which the construction or renovation of such facility is completed.
(b) Closure; report on proposed closure
(1) Notwithstanding any provision of law other than this subsection, no Service hospital or outpatient health care facility of the Service, or any portion of such a hospital or facility, may be closed if the Secretary has not submitted to the Congress at least 1 year prior to the date such hospital or facility (or portion thereof) is proposed to be closed an evaluation of the impact of such proposed closure which specifies, in addition to other considerations—
(A) the accessibility of alternative health care resources for the population served by such hospital or facility;
(B) the cost effectiveness of such closure;
(C) the quality of health care to be provided to the population served by such hospital or facility after such closure;
(D) the availability of contract health care funds to maintain existing levels of service;
(E) the views of the Indian tribes served by such hospital or facility concerning such closure;
(F) the level of utilization of such hospital or facility by all eligible Indians; and
(G) the distance between such hospital or facility and the nearest operating Service hospital.
(2) Paragraph (1) shall not apply to any temporary closure of a facility or of any portion of a facility if such closure is necessary for medical, environmental, or safety reasons.
(c) Health care facility priority system
(1) In general
(A) Priority systemThe Secretary, acting through the Service, shall maintain a health care facility priority system, which—
(i) shall be developed in consultation with Indian tribes and tribal organizations;
(ii) shall give Indian tribes’ needs the highest priority;
(iii)(I) may include the lists required in paragraph (2)(B)(ii); and(II) shall include the methodology required in paragraph (2)(B)(v); and(III) may include such health care facilities, and such renovation or expansion needs of any health care facility, as the Service may identify; and
(iv) shall provide an opportunity for the nomination of planning, design, and construction projects by the Service, Indian tribes, and tribal organizations for consideration under the priority system at least once every 3 years, or more frequently as the Secretary determines to be appropriate.
(B) Needs of facilities under ISDEAA agreements
(C) Criteria for evaluating needs
(D) Priority of certain projects protectedThe priority of any project established under the construction priority system in effect on March 23, 2010, shall not be affected by any change in the construction priority system taking place after that date if the project—
(i) was identified in the fiscal year 2008 Service budget justification as—(I) 1 of the 10 top-priority inpatient projects;(II) 1 of the 10 top-priority outpatient projects;(III) 1 of the 10 top-priority staff quarters developments; or(IV) 1 of the 10 top-priority Youth Regional Treatment Centers;
(ii) had completed both Phase I and Phase II of the construction priority system in effect on March 23, 2010; or
(iii) is not included in clause (i) or (ii) and is selected, as determined by the Secretary—(I) on the initiative of the Secretary; or(II) pursuant to a request of an Indian tribe or tribal organization.
(2) Report; contents
(A) Initial comprehensive report
(i) DefinitionsIn this subparagraph:(I) Facilities Appropriation Advisory BoardThe term “Facilities Appropriation Advisory Board” means the advisory board, comprised of 12 members representing Indian tribes and 2 members representing the Service, established at the discretion of the Director—(aa) to provide advice and recommendations for policies and procedures of the programs funded pursuant to facilities appropriations; and(bb) to address other facilities issues.(II) Facilities Needs Assessment WorkgroupThe term “Facilities Needs Assessment Workgroup” means the workgroup established at the discretion of the Director—(aa) to review the health care facilities construction priority system; and(bb) to make recommendations to the Facilities Appropriation Advisory Board for revising the priority system.
(ii) Initial report(I) In general(II) InclusionsThe initial report shall include—(aa) the methodology and criteria used by the Service in determining the needs and establishing the ranking of the facilities needs; and(bb) such other information as the Secretary determines to be appropriate.
(iii) Updates of reportBeginning in calendar year 2011, the Secretary shall—(I) update the report under clause (ii) not less frequently that once every 5 years; and(II) include the updated report in the appropriate annual report under subparagraph (B) for submission to Congress under section 1671 of this title.
(B) Annual reportsThe Secretary shall submit to the President, for inclusion in the report required to be transmitted to Congress under section 1671 of this title, a report which sets forth the following:
(i) A description of the health care facility priority system of the Service established under paragraph (1).
(ii) Health care facilities lists, which may include—(I) the 10 top-priority inpatient health care facilities;(II) the 10 top-priority outpatient health care facilities;(III) the 10 top-priority specialized health care facilities (such as long-term care and alcohol and drug abuse treatment); and(IV) the 10 top-priority staff quarters developments associated with health care facilities.
(iii) The justification for such order of priority.
(iv) The projected cost of such projects.
(v) The methodology adopted by the Service in establishing priorities under its health care facility priority system.
(3) Requirements for preparation of reportsIn preparing the report required under paragraph (2), the Secretary shall—
(A) consult with and obtain information on all health care facilities needs from Indian tribes and tribal organizations; and
(B) review the total unmet needs of all Indian tribes and tribal organizations for health care facilities (including staff quarters), including needs for renovation and expansion of existing facilities.
(d) Review of methodology used for health facilities construction priority system
(1) In generalNot later than 1 year after the establishment of the priority system under subsection (c)(1)(A), the Comptroller General of the United States shall prepare and finalize a report reviewing the methodologies applied, and the processes followed, by the Service in making each assessment of needs for the list under subsection (c)(2)(A)(ii) and developing the priority system under subsection (c)(1), including a review of—
(A) the recommendations of the Facilities Appropriation Advisory Board and the Facilities Needs Assessment Workgroup (as those terms are defined in subsection (c)(2)(A)(i)); and
(B) the relevant criteria used in ranking or prioritizing facilities other than hospitals or clinics.
(2) Submission to CongressThe Comptroller General of the United States shall submit the report under paragraph (1) to—
(A) the Committees on Indian Affairs and Appropriations of the Senate;
(B) the Committees on Natural Resources and Appropriations of the House of Representatives; and
(C) the Secretary.
(e) Funding condition
(f) Development of innovative approachesThe Secretary shall consult and cooperate with Indian tribes and tribal organizations, and confer with urban Indian organizations, in developing innovative approaches to address all or part of the total unmet need for construction of health facilities, that may include—
(1) the establishment of an area distribution fund in which a portion of health facility construction funding could be devoted to all Service areas;
(2) approaches provided for in other provisions of this subchapter; and
(3) other approaches, as the Secretary determines to be appropriate.
(h)2
2 So in original. Subsec. (g) is set out below.
Funds appropriated subject to section 5321 of this title
(g)3
3 So in original. Subsec. (h) is set out above.
Priority of certain projects protectedThe priority of any project established under the construction priority system in effect on March 23, 2010, shall not be affected by any change in the construction priority system taking place after that date if the project—
(1) was identified in the fiscal year 2008 Service budget justification as—
(A) 1 of the 10 top-priority inpatient projects;
(B) 1 of the 10 top-priority outpatient projects;
(C) 1 of the 10 top-priority staff quarters developments; or
(D) 1 of the 10 top-priority Youth Regional Treatment Centers;
(2) had completed both Phase I and Phase II of the construction priority system in effect on March 23, 2010; or
(3) is not included in clause (i) or (ii) 4
4 So in original. Probably should be “paragraph (1) or (2)”.
and is selected, as determined by the Secretary—
(A) on the initiative of the Secretary; or
(B) pursuant to a request of an Indian tribe or tribal organization.
(Pub. L. 94–437, title III, § 301, Sept. 30, 1976, 90 Stat. 1406; Pub. L. 100–713, title III, § 301, Nov. 23, 1988, 102 Stat. 4812; Pub. L. 102–573, title III, § 301, title IX, § 902(4)(B), Oct. 29, 1992, 106 Stat. 4560, 4591; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

CITE AS: 25 USC 1631

§ 1632. Safe water and sanitary waste disposal facilities
(a) Congressional findingsThe Congress hereby finds and declares that—
(1) the provision of safe water supply systems and sanitary sewage and solid waste disposal systems is primarily a health consideration and function;
(2) Indian people suffer an inordinately high incidence of disease, injury, and illness directly attributable to the absence or inadequacy of such systems;
(3) the long-term cost to the United States of treating and curing such disease, injury, and illness is substantially greater than the short-term cost of providing such systems and other preventive health measures;
(4) many Indian homes and communities still lack safe water supply systems and sanitary sewage and solid waste disposal systems; and
(5) it is in the interest of the United States, and it is the policy of the United States, that all Indian communities and Indian homes, new and existing, be provided with safe and adequate water supply systems and sanitary sewage waste disposal systems as soon as possible.
(b) Authority; assistance; transfer of funds
(1) In furtherance of the findings and declarations made in subsection (a), Congress reaffirms the primary responsibility and authority of the Service to provide the necessary sanitation facilities and services as provided in section 2004a of title 42.
(2) The Secretary, acting through the Service, is authorized to provide under section 2004a of title 42—
(A) financial and technical assistance to Indian tribes and communities in the establishment, training, and equipping of utility organizations to operate and maintain Indian sanitation facilities;
(B) ongoing technical assistance and training in the management of utility organizations which operate and maintain sanitation facilities; and
(C) operation and maintenance assistance for, and emergency repairs to, tribal sanitation facilities when necessary to avoid a health hazard or to protect the Federal investment in sanitation facilities.
(3) Notwithstanding any other provision of law—
(A) the Secretary of Housing and Urban Affairs is authorized to transfer funds appropriated under the Housing and Community Development Act of 1974 (42 U.S.C. 5301, et seq.) to the Secretary of Health and Human Services, and
(B) the Secretary of Health and Human Services is authorized to accept and use such funds for the purpose of providing sanitation facilities and services for Indians under section 2004a of title 42.
(c) 10-year plan
(d) Tribal capability
(e) Amount of assistance
(1) The Secretary is authorized to provide financial assistance to Indian tribes and communities in an amount equal to the Federal share of the costs of operating, managing, and maintaining the facilities provided under the plan described in subsection (c).
(2) For the purposes of paragraph (1), the term “Federal share” means 80 percent of the costs described in paragraph (1).
(3) With respect to Indian tribes with fewer than 1,000 enrolled members, the non-Federal portion of the costs of operating, managing, and maintaining such facilities may be provided, in part, through cash donations or in kind property, fairly evaluated.
(f) Eligibility of programs administered by Indian tribesPrograms administered by Indian tribes or tribal organizations under the authority of the Indian Self-Determination Act [25 U.S.C. 5321 et seq.] shall be eligible for—
(1) any funds appropriated pursuant to this section, and
(2) any funds appropriated for the purpose of providing water supply or sewage disposal services,
on an equal basis with programs that are administered directly by the Service.
(g) Annual report; sanitation deficiency levels
(1) The Secretary shall submit to the President, for inclusion in each report required to be transmitted to the Congress under section 1671 of this title, a report which sets forth—
(A) the current Indian sanitation facility priority system of the Service;
(B) the methodology for determining sanitation deficiencies;
(C) the level of sanitation deficiency for each sanitation facilities project of each Indian tribe or community;
(D) the amount of funds necessary to raise all Indian tribes and communities to a level I sanitation deficiency; and
(E) the amount of funds necessary to raise all Indian tribes and communities to zero sanitation deficiency.
(2) In preparing each report required under paragraph (1) (other than the initial report), the Secretary shall consult with Indian tribes and tribal organizations (including those tribes or tribal organizations operating health care programs or facilities under any contract entered into with the Service under the Indian Self-Determination Act [25 U.S.C. 5321 et seq.]) to determine the sanitation needs of each tribe.
(3) The methodology used by the Secretary in determining sanitation deficiencies for purposes of paragraph (1) shall be applied uniformly to all Indian tribes and communities.
(4) For purposes of this subsection, the sanitation deficiency levels for an Indian tribe or community are as follows:
(A) level I is an Indian tribe or community with a sanitation system—
(i) which complies with all applicable water supply and pollution control laws, and
(ii) in which the deficiencies relate to routine replacement, repair, or maintenance needs;
(B) level II is an Indian tribe or community with a sanitation system—
(i) which complies with all applicable water supply and pollution control laws, and
(ii) in which the deficiencies relate to capital improvements that are necessary to improve the facilities in order to meet the needs of such tribe or community for domestic sanitation facilities;
(C) level III is an Indian tribe or community with a sanitation system which—
(i) has an inadequate or partial water supply and a sewage disposal facility that does not comply with applicable water supply and pollution control laws, or
(ii) has no solid waste disposal facility;
(D) level IV is an Indian tribe or community with a sanitation system which lacks either a safe water supply system or a sewage disposal system; and
(E) level V is an Indian tribe or community that lacks a safe water supply and a sewage disposal system.
(5) For purposes of this subsection, any Indian tribe or community that lacks the operation and maintenance capability to enable its sanitation system to meet pollution control laws may not be treated as having a level I or II sanitation deficiency.
(Pub. L. 94–437, title III, § 302, Sept. 30, 1976, 90 Stat. 1407; Pub. L. 100–713, title III, § 302, Nov. 23, 1988, 102 Stat. 4814; Pub. L. 102–573, title III, §§ 302, 307(b)(1), Oct. 29, 1992, 106 Stat. 4560, 4564.)

CITE AS: 25 USC 1632

§ 1633. Preferences to Indians and Indian firms
(a) Discretionary authority; covered activities
(b) Pay rates
(Pub. L. 94–437, title III, § 303, Sept. 30, 1976, 90 Stat. 1407.)

CITE AS: 25 USC 1633

§ 1634. Expenditure of non-Service funds for renovation
(a) Authority of Secretary
(1) Notwithstanding any other provision of law, the Secretary is authorized to accept any major renovation or modernization by any Indian tribe of any Service facility, or of any other Indian health facility operated pursuant to a contract entered into under the Indian Self-Determination Act [25 U.S.C. 5321 et seq.], including—
(A) any plans or designs for such renovation or modernization; and
(B) any renovation or modernization for which funds appropriated under any Federal law were lawfully expended,
but only if the requirements of subsection (b) are met.
(2) The Secretary shall maintain a separate priority list to address the needs of such facilities for personnel or equipment.
(3) The Secretary shall submit to the President, for inclusion in each report required to be transmitted to the Congress under section 1671 of this title, the priority list maintained pursuant to paragraph (2).
(b) RequirementsThe requirements of this subsection are met with respect to any renovation or modernization if—
(1) the tribe or tribal organization—
(A) provides notice to the Secretary of its intent to renovate or modernize; and
(B) applies to the Secretary to be placed on a separate priority list to address the needs of such new facilities for personnel or equipment; and
(2) the renovation or modernization—
(A) is approved by the appropriate area director of the Service; and
(B) is administered by the tribe in accordance with the rules and regulations prescribed by the Secretary with respect to construction or renovation of Service facilities.
(c) Recovery for non-use as Service facility
(Pub. L. 94–437, title III, § 305, as added Pub. L. 96–537, § 5, Dec. 17, 1980, 94 Stat. 3175; amended Pub. L. 100–713, title III, § 303(a), Nov. 23, 1988, 102 Stat. 4816; Pub. L. 102–573, title III, § 305, Oct. 29, 1992, 106 Stat. 4563.)

CITE AS: 25 USC 1634

§ 1635. Repealed. Pub. L. 100–713, title III, § 303(b), Nov. 23, 1988, 102 Stat. 4817

CITE AS: 25 USC 1635

§ 1636. Grant program for construction, expansion, and modernization of small ambulatory care facilities
(a) Authorization
(1) The Secretary, acting through the Service, shall make grants to tribes and tribal organizations for the construction, expansion, or modernization of facilities for the provision of ambulatory care services to eligible Indians (and noneligible persons as provided in subsection (c)(1)(C)). A grant made under this section may cover up to 100 percent of the costs of such construction, expansion, or modernization. For the purposes of this section, the term “construction” includes the replacement of an existing facility.
(2) A grant under paragraph (1) may only be made to a tribe or tribal organization operating an Indian health facility (other than a facility owned or constructed by the Service, including a facility originally owned or constructed by the Service and transferred to a tribe or tribal organization) pursuant to a contract entered into under the Indian Self-Determination Act [25 U.S.C. 5321 et seq.].
(b) Use of grant
(1) A grant provided under this section may be used only for the construction, expansion, or modernization (including the planning and design of such construction, expansion, or modernization) of an ambulatory care facility—
(A) located apart from a hospital;
(B) not funded under section 1631 of this title or section 1637 of this title; and
(C) which, upon completion of such construction, expansion, or modernization will—
(i) have a total capacity appropriate to its projected service population;
(ii) serve no less than 500 eligible Indians annually; and
(iii) provide ambulatory care in a service area (specified in the contract entered into under the Indian Self-Determination Act [25 U.S.C. 5321 et seq.]) with a population of not less than 2,000 eligible Indians.
(2) The requirements of clauses (ii) and (iii) of paragraph (1)(C) shall not apply to a tribe or tribal organization applying for a grant under this section whose tribal government offices are located on an island.
(c) Application for grant
(1) No grant may be made under this section unless an application for such a grant has been submitted to and approved by the Secretary. An application for a grant under this section shall be submitted in such form and manner as the Secretary shall by regulation prescribe and shall set forth reasonable assurance by the applicant that, at all times after the construction, expansion, or modernization of a facility carried out pursuant to a grant received under this section—
(A) adequate financial support will be available for the provision of services at such facility;
(B) such facility will be available to eligible Indians without regard to ability to pay or source of payment; and
(C) such facility will, as feasible without diminishing the quality or quantity of services provided to eligible Indians, serve noneligible persons on a cost basis.
(2) In awarding grants under this section, the Secretary shall give priority to tribes and tribal organizations that demonstrate—
(A) a need for increased ambulatory care services; and
(B) insufficient capacity to deliver such services.
(d) Transfer of interest to United States upon cessation of facility
(Pub. L. 94–437, title III, § 306, as added Pub. L. 100–713, title III, § 304, Nov. 23, 1988, 102 Stat. 4817; amended Pub. L. 102–573, title III, § 303, Oct. 29, 1992, 106 Stat. 4561.)

CITE AS: 25 USC 1636

§ 1637. Indian health care delivery demonstration projects
(a) Purpose and general authority
(1) PurposeThe purpose of this section is to encourage the establishment of demonstration projects that meet the applicable criteria of this section to be carried out by the Secretary, acting through the Service, or Indian tribes or tribal organizations acting pursuant to contracts or compacts under the Indian Self Determination 1
1 So in original. Probably should be “Self-Determination”.
and Education Assistance Act (25 U.S.C. 450 et seq.)— 2
2 See References in Text note below.
(A) to test alternative means of delivering health care and services to Indians through facilities; or
(B) to use alternative or innovative methods or models of delivering health care services to Indians (including primary care services, contract health services, or any other program or service authorized by this chapter) through convenient care services (as defined in subsection (c)), community health centers, or cooperative agreements or arrangements with other health care providers that share or coordinate the use of facilities, funding, or other resources, or otherwise coordinate or improve the coordination of activities of the Service, Indian tribes, or tribal organizations, with those of the other health care providers.
(2) AuthorityThe Secretary, acting through the Service, is authorized to carry out, or to enter into contracts or compacts under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) 2 with Indian tribes or tribal organizations to carry out, health care delivery demonstration projects that—
(A) test alternative means of delivering health care and services to Indians through facilities; or
(B) otherwise carry out the purposes of this section.
(b) Use of fundsThe Secretary, in approving projects pursuant to this section—
(1) may authorize such contracts for the construction and renovation of hospitals, health centers, health stations, and other facilities to deliver health care services; and
(2) is authorized—
(A) to waive any leasing prohibition;
(B) to permit use and carryover of funds appropriated for the provision of health care services under this chapter (including for the purchase of health benefits coverage, as authorized by section 1642(a) of this title);
(C) to permit the use of other available funds, including other Federal funds, funds from third-party collections in accordance with sections 1621e, 1621f, and 1641 of this title, and non-Federal funds contributed by State or local governmental agencies or facilities or private health care providers pursuant to cooperative or other agreements with the Service, 1 or more Indian tribes, or tribal organizations;
(D) to permit the use of funds or property donated or otherwise provided from any source for project purposes;
(E) to provide for the reversion of donated real or personal property to the donor; and
(F) to permit the use of Service funds to match other funds, including Federal funds.
(c) Health care demonstration projects
(1) Definition of convenient care serviceIn this subsection, the term “convenient care service” means any primary health care service, such as urgent care services, nonemergent care services, prevention services and screenings, and any service authorized by section 1621b of this title or 1621d(d) of this title, that is offered—
(A) at an alternative setting; or
(B) during hours other than regular working hours.
(2) General projects
(A) CriteriaThe Secretary may approve under this section demonstration projects that meet the following criteria:
(i) There is a need for a new facility or program, such as a program for convenient care services, or an improvement in, increased efficiency at, or reorientation of an existing facility or program.
(ii) A significant number of Indians, including Indians with low health status, will be served by the project.
(iii) The project has the potential to deliver services in an efficient and effective manner.
(iv) The project is economically viable.
(v) For projects carried out by an Indian tribe or tribal organization, the Indian tribe or tribal organization has the administrative and financial capability to administer the project.
(vi) The project is integrated with providers of related health or social services (including State and local health care agencies or other health care providers) and is coordinated with, and avoids duplication of, existing services in order to expand the availability of services.
(B) PriorityIn approving demonstration projects under this paragraph, the Secretary shall give priority to demonstration projects, to the extent the projects meet the criteria described in subparagraph (A), located in any of the following Service units:
(i) Cass Lake, Minnesota.
(ii) Mescalero, New Mexico.
(iii) Owyhee and Elko, Nevada.
(iv) Schurz, Nevada.
(v) Ft. Yuma, California.
(3) Innovative health services delivery demonstration project
(A) Application or request
(B) Approval
(C) CriteriaThe Secretary shall approve under subparagraph (B) demonstration projects that meet all of the following criteria:
(i) The criteria set forth in paragraph (2)(A).
(ii) There is a lack of access to health care services at existing health care facilities, which may be due to limited hours of operation at those facilities or other factors.
(iii) The project—(I) expands the availability of services; or(II) reduces—(aa) the burden on Contract Health Services; or(bb) the need for emergency room visits.
(d) Technical assistance
(e) Service to ineligible persons
(f) Equitable treatment
(g) Equitable integration of facilities
(Pub. L. 94–437, title III, § 307, as added Pub. L. 101–630, title V, § 504, Nov. 28, 1990, 104 Stat. 4562; amended Pub. L. 102–573, title III, §§ 304, 307(b)(2), title VII, § 701(c)(2), title IX, § 902(4)(A), Oct. 29, 1992, 106 Stat. 4562, 4564, 4572, 4591; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

CITE AS: 25 USC 1637

§ 1638. Land transfer

The Bureau of Indian Affairs is authorized to transfer, at no cost, up to 5 acres of land at the Chemawa Indian School, Salem, Oregon, to the Service for the provision of health care services. The land authorized to be transferred by this section is that land adjacent to land under the jurisdiction of the Service and occupied by the Chemawa Indian Health Center.

(Pub. L. 94–437, title III, § 308, as added Pub. L. 102–573, title III, § 306, Oct. 29, 1992, 106 Stat. 4564.)

CITE AS: 25 USC 1638

§ 1638a. Tribal management of federally owned quarters
(a) Rental rates
(1) Establishment
(2) Objectives
In establishing rental rates under this subsection, a tribal health program shall attempt—
(A) to base the rental rates on the reasonable value of the quarters to the occupants of the quarters; and
(B) to generate sufficient funds to prudently provide for the operation and maintenance of the quarters, and at the discretion of the tribal health program, to supply reserve funds for capital repairs and replacement of the quarters.
(3) Equitable funding
(4) Notice of rate change
(5) Rates in Alaska
(b) Direct collection of rent
(1) In general
(2) Action by employees
On receipt of a notice described in paragraph (1)—
(A) the affected Federal employees shall pay rent for occupancy of a federally owned quarters directly to the applicable tribal health program; and
(B) the Secretary shall not have the authority to collect rent from the employees through payroll deduction or otherwise.
(3) Use of payments
The rent payments under this subsection—
(A) shall be retained by the applicable tribal health program in a separate account, which shall be used by the tribal health program for the maintenance (including capital repairs and replacement) and operation of the quarters, as the tribal health program determines to be appropriate; and
(B) shall not be made payable to, or otherwise be deposited with, the United States.
(4) Retrocession of authority
If a tribal health program that elected to collect rent directly under paragraph (1) requests retrocession of the authority of the tribal health program to collect that rent, the retrocession shall take effect on the earlier of—
(A) the first day of the month that begins not less than 180 days after the tribal health program submits the request; and
(B) such other date as may be mutually agreed on by the Secretary and the tribal health program.
(Pub. L. 94–437, title III, § 309, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

CITE AS: 25 USC 1638a

§ 1638b. Applicability of Buy American requirement
(a) Duty of Secretary
(b) Report to Congress
(c) Fraudulent use of Made-in-America label
(d) “Buy American Act” defined
(Pub. L. 94–437, title III, § 310, as added Pub. L. 102–573, title III, § 308, Oct. 29, 1992, 106 Stat. 4564; amended Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

CITE AS: 25 USC 1638b

§ 1638c. Contracts for personal services in Indian Health Service facilities

In fiscal year 1995 and thereafter (a) the Secretary may enter into personal services contracts with entities, either individuals or organizations, for the provision of services in facilities owned, operated or constructed under the jurisdiction of the Indian Health Service; (b) the Secretary may exempt such a contract from competitive contracting requirements upon adequate notice of contracting opportunities to individuals and organizations residing in the geographic vicinity of the health facility; (c) consideration of individuals and organizations shall be based solely on the qualifications established for the contract and the proposed contract price; and (d) individuals providing health care services pursuant to these contracts are covered by the Federal Tort Claims Act.

(Pub. L. 103–332, title II, Sept. 30, 1994, 108 Stat. 2530.)

CITE AS: 25 USC 1638c

§ 1638d. Credit to appropriations of money collected for meals at Indian Health Service facilities

Money before, on, and after September 30, 1994, collected for meals served at Indian Health Service facilities will be credited to the appropriations from which the services were furnished and shall be credited to the appropriation when received.

(Pub. L. 103–332, title II, Sept. 30, 1994, 108 Stat. 2530.)

CITE AS: 25 USC 1638d

§ 1638e. Other funding, equipment, and supplies for facilities
(a) Authorization
(1) Authority to transfer funds
The head of any Federal agency to which funds, equipment, or other supplies are made available for the planning, design, construction, or operation of a health care or sanitation facility may transfer the funds, equipment, or supplies to the Secretary for the planning, design, construction, or operation of a health care or sanitation facility to achieve—
(A) the purposes of this chapter; and
(B) the purposes for which the funds, equipment, or supplies were made available to the Federal agency.
(2) Authority to accept funds
The Secretary may—
(A) accept from any source, including Federal and State agencies, funds, equipment, or supplies that are available for the construction or operation of health care or sanitation facilities; and
(B) use those funds, equipment, and supplies to plan, design,,1
1 So in original.
construct, and operate health care or sanitation facilities for Indians, including pursuant to a contract or compact under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).2
2 See References in Text note below.
(3) Effect of receipt
(b) Interagency agreements
The Secretary may enter into interagency agreements with Federal or State agencies and other entities, and accept funds, equipment, or other supplies from those entities, to provide for the planning, design, construction, and operation of health care or sanitation facilities to be administered by Indian health programs to achieve—
(1) the purposes of this chapter; and
(2) the purposes for which the funds were appropriated or otherwise provided.
(c) Establishment of standards
(1) In general
(2) Other regulations
(d) Definition of sanitation facility
(Pub. L. 94–437, title III, § 311, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

CITE AS: 25 USC 1638e

§ 1638f. Indian country modular component facilities demonstration program
(a) Definition of modular component health care facility
In this section, the term “modular component health care facility” means a health care facility that is constructed—
(1) off-site using prefabricated component units for subsequent transport to the destination location; and
(2) represents 1
1 So in original.
a more economical method for provision of health care facility 2
2 So in original. Probably should be “provision of a health care facility”.
than a traditionally constructed health care building.
(b) Establishment
(c) Selection of locations
(1) Petitions
(A) Solicitation
(B) Petition
(2) Selection
In selecting the location of each modular component health care facility to be provided under the demonstration program, the Secretary shall give priority to projects already on the Indian Health Service facilities construction priority list and petitions which demonstrate that erection of a modular component health facility—
(A) is more economical than construction of a traditionally constructed health care facility;
(B) can be constructed and erected on the selected location in less time than traditional construction; and
(C) can adequately house the health care services needed by the Indian population to be served.
(3) Effect of selection
(d) Eligibility
(1) In general
(2) Administration
(e) Reports
Not later than 1 year after the date on which funds are made available for the demonstration program and annually thereafter, the Secretary shall submit to Congress a report describing—
(1) each activity carried out under the demonstration program, including an evaluation of the success of the activity; and
(2) the potential benefits of increased use of modular component health care facilities in other Indian communities.
(f) Authorization of appropriations
(Pub. L. 94–437, title III, § 312, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

CITE AS: 25 USC 1638f

§ 1638g. Mobile health stations demonstration program
(a) Definitions
In this section:
(1) Eligible tribal consortium
(2) Mobile health station
The term “mobile health station” means a health care unit that—
(A) is constructed, maintained, and capable of being transported within a semi-trailer truck or similar vehicle;
(B) is equipped for the provision of 1 or more specialty health care services; and
(C) can be equipped to be docked to a stationary health care facility when appropriate.
(3) Specialty health care service
(A) In general
(B) Inclusions
The term “specialty health care service” includes any service relating to—
(i) dialysis;
(ii) surgery;
(iii) mammography;
(iv) dentistry; or
(v) any other specialty health care service.
(b) Establishment
(c) Petition
To be eligible to receive a mobile health station under the demonstration program, an eligible tribal consortium shall submit to the Secretary, 1
1 So in original. The comma probably should not appear.
a petition at such time, in such manner, and containing—
(1) a description of the Indian population to be served;
(2) a description of the specialty service or services for which the mobile health station is requested and the extent to which such service or services are currently available to the Indian population to be served; and
(3) such other information as the Secretary may require.
(d) Use of funds
The Secretary shall use amounts made available to carry out the demonstration program under this section—
(1)
(A) to establish, purchase, lease, or maintain mobile health stations for the eligible tribal consortia selected for projects; and
(B) to provide, through the mobile health station, such specialty health care services as the affected eligible tribal consortium determines to be necessary for the Indian population served;
(2) to employ an existing mobile health station (regardless of whether the mobile health station is owned or rented and operated by the Service) to provide specialty health care services to an eligible tribal consortium; and
(3) to establish, purchase, or maintain docking equipment for a mobile health station, including the establishment or maintenance of such equipment at a modular component health care facility (as defined in section 1638f(a) of this title), if applicable.
(e) Reports
Not later than 1 year after the date on which the demonstration program is established under subsection (b) and annually thereafter, the Secretary, acting through the Service, shall submit to Congress a report describing—
(1) each activity carried out under the demonstration program including an evaluation of the success of the activity; and
(2) the potential benefits of increased use of mobile health stations to provide specialty health care services for Indian communities.
(f) Authorization of appropriations
(Pub. L. 94–437, title III, § 313, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

CITE AS: 25 USC 1638g