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25 U.S.C. § 1635 — Safe water and sanitary waste disposal facilities

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1635 — Safe water and sanitary waste disposal facilities

**(a) Congressional findings** The 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2004a&num=0&edition=prelim). (2) The Secretary, acting through the Service, is authorized to provide under [section 2004a of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2004a&num=0&edition=prelim)— (A) financial and technical assistance to Indian tribes and communities in the establishment, training, and equipping of utility organizations to operate and maintai

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Stable record: federal_law:legal_authorities:record_usc_e4df8eba5ecdef1b20558c0e
Source file: Laws/federal/codes/united-states-code/title-25/section-1635-safe-water-and-sanitary-waste-disposal-facilities--daaded09f3.md
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Source location: Title 25, Chapter 18, § 1635; chapter-018-indian-health-care.md

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**(a) Congressional findings** The 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2004a&num=0&edition=prelim). (2) The Secretary, acting through the Service, is authorized to provide under [section 2004a of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2004a&num=0&edition=prelim)— (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5301&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2004a&num=0&edition=prelim). **(c) 10-year plan** Beginning in fiscal year 1990, the Secretary, acting through the Service, shall develop and begin implementation of a 10-year plan to provide safe water supply and sanitation sewage and solid waste disposal facilities to existing Indian homes and communities and to new and renovated Indian homes. **(d) Tribal capability** The financial and technical capability of an Indian tribe or community to safely operate and maintain a sanitation facility shall not be a prerequisite to the provision or construction of sanitation facilities by the Secretary. **(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 tribes** Programs administered by Indian tribes or tribal organizations under the authority of 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.] 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1671&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5321&num=0&edition=prelim) 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.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5321 — Congressional statement of findings

**(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.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5301 — Application of other sections of this chapter

**(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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2004a — Sanitation facilities

**(a) Powers of Surgeon General** In carrying out his functions under this subchapter with respect to the provision of sanitation facilities and services, the Surgeon General is authorized— (1) to construct, improve, extend, or otherwise provide and maintain, by contract or otherwise, essential sanitation facilities, including domestic and community water supplies and facilities, drainage facilities, and sewage- and waste-disposal facilities, together with necessary appurtenances and fixtures, for Indian homes, communities, and lands; (2) to acquire lands, or rights or interests therein, including sites, rights-of-way, and easements, and to acquire rights to the use of water, by purchase, lease, gift, exchange, or otherwise, when necessary for the purposes of this section, except that no lands or rights or interests therein may be acquired from an Indian tribe, band, group, community, or individual other than by gift or for nominal consideration, if the facility for which such lands or rights or interests therein are acquired is for the exclusive benefit of such tribe, band, group, community, or individual, respectively; (3) to make such arrangements and agreements with appropriate public authorities and nonprofit organizations or agencies and with the Indians to be served by such sanitation facilities (and any other person so served) regarding contributions toward the construction, improvement, extension and provision thereof, and responsibilities for maintenance thereof, as in his judgment are equitable and will best assure the future maintenance of facilities in an effective and operating condition; and (4) to transfer any facilities provided under this section, together with appurtenant interests in land, with or without a money consideration, and under such ter

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2004a

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5301 — Congressional findings and declaration of purpose

**(a) Critical social, economic, and environmental problems facing Nation’s urban communities** The Congress finds and declares that the Nation’s cities, towns, and smaller urban communities face critical social, economic, and environmental problems arising in significant measure from— (1) the growth of population in metropolitan and other urban areas, and the concentration of persons of lower income in central cities; (2) inadequate public and private investment and reinvestment in housing and other physical facilities, and related public and social services, resulting in the growth and persistence of urban slums and blight and the marked deterioration of the quality of the urban environment; and (3) increasing energy costs which have seriously undermined the quality and overall effectiveness of local community and housing development activities. **(b) Establishment and maintenance of viable urban communities; systematic and sustained action by Federal, State, and local governments; expansion of and continuity in Federal assistance; increased private investment; streamlining programs and improvement of functioning of agencies; action to address consequences of scarce fuel supplies** The Congress further finds and declares that the future welfare of the Nation and the well-being of its citizens depend on the establishment and maintenance of viable urban communities as social, economic, and political entities, and require— (1) systematic and sustained action by Federal, State, and local governments to eliminate blight, to conserve and renew older urban areas, to improve the living environment of low- and moderate-income families, and to develop new centers of population growth and economic activity; (2) substantial expansion of and greater continuity in the scope a

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1671 — Substance abuse and mental health services Administration grants

**(a) Grant applications** (1) **Efficiency of grant application process** — The Secretary, acting through the Administration, shall carry out such measures as the Secretary determines to be necessary to maximize the time and workload efficiency of the process by which Indian tribes and tribal organizations apply for grants under any program administered by the Administration, including by providing methods other than electronic methods of submitting applications for those grants, if necessary. (2) **Priority for certain grants** (A) *In general* — To fulfill the trust responsibility of the United States to Indian tribes, in awarding relevant grants pursuant to a program described in subparagraph (B), the Secretary shall take into consideration the needs of Indian tribes or tribal organizations, as applicable, that serve populations with documented high suicide rates, regardless of whether those Indian tribes or tribal organizations possess adequate personnel or infrastructure to fulfill all applicable requirements of the relevant program. (B) *Description of grant programs* — A grant program referred to in subparagraph (A) is a grant program— (i) administered by the Administration to fund activities relating to mental health, suicide prevention, or suicide-related risk factors; and (ii) under which an Indian tribe or tribal organization is an eligible recipient. (3) **Clarification regarding Indian tribes and tribal organizations** — Notwithstanding any other provision of law, in applying for a grant under any program administered by the Administration, no Indian tribe or tribal organization shall be required to apply through a State or State agency. (4) **Requirements for affected States** (A) *Definitions* — In this paragraph: (i) *Affecte

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1105 — Budget contents and submission to Congress

**(a)** On or after the first Monday in January but not later than the first Monday in February of each year, the President shall submit a budget of the United States Government for the following fiscal year. Each budget shall include a budget message and summary and supporting information. The President shall include in each budget the following: (1) information on activities and functions of the Government. (2) when practicable, information on costs and achievements of Government programs. (3) other desirable classifications of information. (4) a reconciliation of the summary information on expenditures with proposed appropriations. (5) except as provided in subsection (b) of this section, estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year. (6) estimated receipts of the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year under— (A) laws in effect when the budget is submitted; and (B) proposals in the budget to increase revenues. (7) appropriations, expenditures, and receipts of the Government in the prior fiscal year. (8) estimated expenditures and receipts, and appropriations and proposed appropriations, of the Government for the current fiscal year. (9) balanced statements of the— (A) condition of the Treasury at the end of the prior fiscal year; (B) estimated condition of the Treasury at the end of the current fiscal year; and (C) estimated condition of the Treasury at the end of the fiscal year for which the budget is submitted if financial proposals in the budget are adopted. (10) essential information about the debt of the Government.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1611 — Congressional findings

The Congress finds the following: (1) Federal health services to maintain and improve the health of the Indians are consonant with and required by the Federal Government’s historical and unique legal relationship with, and resulting responsibility to, the American Indian people. (2) A major national goal of the United States is to provide the resources, processes, and structure that will enable Indian tribes and tribal members to obtain the quantity and quality of health care services and opportunities that will eradicate the health disparities between Indians and the general population of the United States. (3) A major national goal of the United States is to provide the quantity and quality of health services which will permit the health status of Indians to be raised to the highest possible level and to encourage the maximum participation of Indians in the planning and management of those services. (4) Federal health services to Indians have resulted in a reduction in the prevalence and incidence of preventable illnesses among, and unnecessary and premature deaths of, Indians. (5) Despite such services, the unmet health needs of the American Indian people are severe and the health status of the Indians is far below that of the general population of the United States.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1635 — Repealed. Pub. L. 100–713, title III,

Page 293 TITLE 25—INDIANS § 1637 1 So in original. Probably should be ‘‘Self-Determination’’. 2 See References in Text note below. tion’’ for ‘‘Authorization of appropriations’’ in section catchline and subsecs. (a) to (d) for former single unlet- tered par. § 1635. Repealed. Pub. L. 100–713, title III, § 303(b), Nov. 23, 1988, 102 Stat. 4817 Section, Pub. L. 98–473, title I, § 101(c) [title II, § 201], Oct. 12, 1984, 98 Stat. 1837, 1865, related to renovation and modernization of facilities. § 1636. Grant program for construction, expan- sion, and modernization of small ambulatory care facilities (a) Authorization (1) The Secretary, acting through the Service, shall make grants to tribes and tribal organiza- tions for the construction, expansion, or mod- ernization of facilities for the provision of am- bulatory 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 con- struction, expansion, or modernization. For the purposes of this section, the term ‘‘construc- tion’’ includes the replacement of an existing fa- cility. (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 orga- nization) 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 de- sign of such construction, expansion, or mod- erniza

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5321 — Self-determination contracts

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

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5301 — Congressional findings and declaration of

Page 6475 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5301 CHAPTER 69—COMMUNITY DEVELOPMENT Sec. 5301. Congressional findings and declaration of pur- pose. 5302. General provisions. 5303. Grants to States, units of general local gov- ernment and Indian tribes; authorizations. 5304. Statement of activities and review. 5305. Activities eligible for assistance. 5306. Allocation and distribution of funds. 5307. Special purpose grants. 5308. Guarantee and commitment to guarantee loans for acquisition of property. 5309. Nondiscrimination in programs and activi- ties. 5310. Labor standards; rate of wages; exceptions; enforcement powers. 5311. Remedies for noncompliance with community development requirements. 5312. Use of grants for settlement of outstanding urban renewal loans of units of general local government. 5313. Reporting requirements. 5313a. Duplication of benefits. 5314. Consultation by Secretary with other Federal departments, etc. 5315. Interstate agreements or compacts; purposes. 5316. Transition provisions. 5317. Liquidation of superseded or inactive pro- grams. 5318. Urban development action grants. 5318a. John Heinz Neighborhood Development Pro- gram. 5319. Community participation in programs. 5320. Historic preservation requirements. 5321. Suspension of requirements for disaster areas. 5322. Funds made available for administrative costs without regard to particular disaster appropriation. § 5301. Congressional findings and declaration of purpose (a) Critical social, economic, and environmental problems facing Nation’s urban communities The Congress finds and declares that the Na- tion’s cities, towns, and smaller urban commu- nities face critical social, economic, and envi- ronmental problems ari

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