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25 U.S.C. § 1638a — Grant program for construction, expansion, and modernization of small ambulatory care facilities
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5321&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1631&num=0&edition=prelim) or [section 1637 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1637&num=0&edition=prelim); and
(C) which, upon completion of such construction, expansion, or modernization will—
(i) have a total capacity appropriate to its projected service population
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Source file: Laws/federal/codes/united-states-code/title-25/section-1638a-grant-program-for-construction-expansion-and-modernization-of-small-ambu--c216dd1acc.md
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Source location: Title 25, Chapter 18, § 1638a; chapter-018-indian-health-care.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5321&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1631&num=0&edition=prelim) or [section 1637 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1637&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5321&num=0&edition=prelim) 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** If any facility (or portion thereof) with respect to which funds have been paid under this section, ceases, at any time after completion of the construction, expansion, or modernization carried out with such funds, to be utilized for the purposes of providing ambulatory care services to eligible Indians, all of the right, title, and interest in and to such facility (or portion thereof) shall transfer to the United States.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings respecting historical and special legal relationship, and resultant responsibilities** The Congress, after careful review of the Federal Government’s historical and special legal relationship with, and resulting responsibilities to, American Indian people, finds that—
(1) the prolonged Federal domination of Indian service programs has served to retard rather than enhance the progress of Indian people and their communities by depriving Indians of the full opportunity to develop leadership skills crucial to the realization of self-government, and has denied to the Indian people an effective voice in the planning and implementation of programs for the benefit of Indians which are responsive to the true needs of Indian communities; and
(2) the Indian people will never surrender their desire to control their relationships both among themselves and with non-Indian governments, organizations, and persons.
**(b) Further findings** The Congress further finds that—
(1) true self-determination in any society of people is dependent upon an educational process which will insure the development of qualified people to fulfill meaningful leadership roles;
(2) the Federal responsibility for and assistance to education of Indian children has not effected the desired level of educational achievement or created the diverse opportunities and personal satisfaction which education can and should provide; and
(3) parental and community control of the educational process is of crucial importance to the Indian people.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5321
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5321&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1671&num=0&edition=prelim), the priority list maintained pursuant to paragraph (2).
**(b) Requirements** The 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 renova
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1637
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Submission of report** As soon as practicable after March 23, 2010, the Comptroller General of the United States shall submit to the Secretary, the Committee on Indian Affairs of the Senate, and the Committee on Natural Resources of the House of Representatives, and make available to each Indian tribe, a report describing the results of the study of the Comptroller General regarding the funding of the contract health service program (including historic funding levels and a recommendation of the funding level needed for the program) and the administration of the contract health service program (including the distribution of funds pursuant to the program), as requested by Congress in March 2009, or pursuant to [section 1680t of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1680t&num=0&edition=prelim).
**(b) Consultation with tribes** On receipt of the report under subsection (a), the Secretary shall consult with Indian tribes regarding the contract health service program, including the distribution of funds pursuant to the program—
(1) to determine whether the current distribution formula would require modification if the contract health service program were funded at the level recommended by the Comptroller General;
(2) to identify any inequities in the current distribution formula under the current funding level or inequitable results for any Indian tribe under the funding level recommended by the Comptroller General;
(3) to identify any areas of program administration that may result in the inefficient or ineffective management of the program; and
(4) to identify any other issues and recommendations to improve the administration of the contract health services program and correct any unfair results or funding dispari
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1631
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Mandatory application** All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter.
**(b) Discretionary application** At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5301
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Duty of Secretary** The Secretary shall ensure that the requirements of the Buy American Act apply to all procurements made with funds made available to carry out this subchapter.
**(b) Report to Congress** The Secretary shall submit to the Congress a report on the amount of procurements from foreign entities made in fiscal years 1993 and 1994 with funds made available to carry out this subchapter. Such report shall separately indicate the dollar value of items procured with such funds for which the Buy American Act was waived pursuant to the Trade Agreement Act of 1979 or any international agreement to which the United States is a party.
**(c) Fraudulent use of Made-in-America label** If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a “Made in America” inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, such person shall be ineligible to receive any contract or subcontract made with funds made available to carry out this subchapter, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations.
**(d) “Buy American Act” defined** For purposes of this section, the term “Buy American Act” means title III of the Act entitled “An Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1934, and for other purposes”, approved March 3, 1933 ([41 U.S.C. 10a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section10a&num=0&edition=prelim) et seq.) 11 See References in Text note below..
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1638e
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Federal law — U.S. Code and appendices · legal_authorities
Page 296
TITLE 25—INDIANS
§ 1638
1 See References in Text note below.
Subsec. (i). Pub. L. 102–573, § 307(b)(2), struck out sub-
sec. (i) which authorized appropriation of such sums as
necessary for fiscal years 1991 and 1992 for purpose of
carrying out this section.
§ 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.)
§ 1638a. Tribal management of federally owned
quarters
(a) Rental rates
(1) Establishment
Notwithstanding any other provision of law,
a tribal health program that operates a hos-
pital or other health facility and the federally
owned quarters associated with such a facility
pursuant to a contract or compact under the
Indian Self-Determination and Education As-
sistance Act (25 U.S.C. 450 et seq.) 1 may estab-
lish the rental rates charged to the occupants
of those quarters, on providing notice to the
Secretary.
(2) Objectives
In establishing rental rates under this sub-
section, a tribal health program shall at-
tempt—
(A) to base the rental rates on the reason-
able value of the quarters to the occupants
of the quarters; and
(B) to generate sufficient funds to pru-
dently provide for the operation and mainte-
nance of the quarters, and at the discretion
of the tribal health program, to supply re-
serve funds for capital repairs and replace-
ment of the quarters.
(3) Equitable funding
A
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 1638a
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 724
TITLE 25—INDIANS
§ 5310
1 See References in Text note below.
plete classification of this Act to the Code, see Short
Title note set out under section 5301 of this title and
Tables.
Public Law 103–413, referred to in text, is Pub. L.
103–413, Oct. 25, 1994, 108 Stat. 4250, known as the Indian
Self-Determination Act Amendments of 1994, which is
classified principally to subchapter IV (§ 5361 et seq.) of
this chapter. For complete classification of this Act to
the Code, see Short Title of 1994 Amendment note set
out under section 5301 of this title and Tables.
Public Law 100–297, referred to in text, is Pub. L.
100–297, Apr. 28, 1988, 102 Stat. 130, known as the Augus-
tus F. Hawkins-Robert T. Stafford Elementary and Sec-
ondary School Improvement Amendments of 1988. For
complete classification of this Act to the Code, see
Short Title of 1988 Amendments note set out under sec-
tion 6301 of Title 20, Education, and Tables.
CODIFICATION
Section was enacted as part of the Department of the
Interior and Related Agencies Appropriations Act, 1998,
and not as part of the Indian Self-Determination and
Education Assistance Act which comprises this chap-
ter.
Section was formerly classified to section 450e–2 of
this title prior to editorial reclassification and renum-
bering as this section.
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained in the following prior appropriation acts:
Pub. L. 104–208, div. A, title I, § 101(d) [title III, § 310],
Sept. 30, 1996, 110 Stat. 3009–181, 3009–221.
Pub. L. 104–134, title I, § 101(c) [title III, § 310], Apr. 26,
1996, 110 Stat. 1321–156, 1321–197; renumbered title I,
Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.
§ 5310. Investment of advance payments; restric-
tions
Ad
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5321
Stored review status: historical_2024_not_currentness_verified. The source passage cites 25 U.S.C. § 5321. This identifies an authority to review, not proof of applicability.