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25 U.S.C. § 1632 — Transferred
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section, Pub. L. 94–437, title IV, § 404, as added Pub. L. 96–537, § 6, Dec. 17, 1980, 94 Stat. 3176, which related to grants to and contracts with tribal organizations, was transferred to [section 1644 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1644&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1632
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Stable record: federal_law:legal_authorities:record_usc_ff777d1f3577f5a5ea9dbdae
Source file: Laws/federal/codes/united-states-code/title-25/section-1632-transferred--edd531a182.md
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Source location: Title 25, Chapter 18, § 1632; chapter-018-indian-health-care.md
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### Statutory Notes
#### Codification
Section, Pub. L. 94–437, title IV, § 404, as added Pub. L. 96–537, § 6, Dec. 17, 1980, 94 Stat. 3176, which related to grants to and contracts with tribal organizations, was transferred to [section 1644 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1644&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Disregard of Medicare, Medicaid, and CHIP payments in determining appropriations** Any payments received by an Indian health program or by an urban Indian organization under title XVIII, XIX, or XXI of the Social Security Act [[42 U.S.C. 1395](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395&num=0&edition=prelim) et seq., 1396 et seq., 1397aa et seq.] for services provided to Indians eligible for benefits under such respective titles shall not be considered in determining appropriations for the provision of health care and services to Indians.
**(b) Nonpreferential treatment** Nothing in this chapter authorizes the Secretary to provide services to an Indian with coverage under title XVIII, XIX, or XI 11 So in original. Probably should be “XXI”. of the Social Security Act in preference to an Indian without such coverage.
**(c) Use of funds**
(1) **Special fund**
(A) *100 percent pass-through of payments due to facilities* — Notwithstanding any other provision of law, but subject to paragraph (2), payments to which a facility of the Service is entitled by reason of a provision of title XVIII or XIX of the Social Security Act [[42 U.S.C. 1395](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395&num=0&edition=prelim) et seq., 1396 et seq.] shall be placed in a special fund to be held by the Secretary. In making payments from such fund, the Secretary shall ensure that each Service unit of the Service receives 100 percent of the amount to which the facilities of the Service, for which such Service unit makes collections, are entitled by reason of a provision of either such title.
(B) *Use of funds* — Amounts received by a facility of the Service under subparagraph (A) by reason of a provision of title
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1644
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Discretionary authority; covered activities** The Secretary, acting through the Service, may utilize the negotiating authority of [section 47 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section47&num=0&edition=prelim), to give preference to any Indian or any enterprise, partnership, corporation, or other type of business organization owned and controlled by an Indian or Indians including former or currently federally recognized Indian tribes in the State of New York (hereinafter referred to as an “Indian firm”) in the construction and renovation of Service facilities pursuant to [section 1631 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1631&num=0&edition=prelim) and in the construction of safe water and sanitary waste disposal facilities pursuant to [section 1632 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1632&num=0&edition=prelim). Such preference may be accorded by the Secretary unless he finds, pursuant to rules and regulations promulgated by him, that the project or function to be contracted for will not be satisfactory or such project or function cannot be properly completed or maintained under the proposed contract. The Secretary, in arriving at his finding, shall consider whether the Indian or Indian firm will be deficient with respect to (1) ownership and control by Indians, (2) equipment, (3) bookkeeping and accounting procedures, (4) substantive knowledge of the project or function to be contracted for, (5) adequately trained personnel, or (6) other necessary components of contract performance.
**(b) Pay rates** For the purpose of implementing the provisions of this subchapter, the Secretary shall assure that the rates
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1636
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority of Director** To the maximum extent feasible, the Director shall carry out duties under this chapter through contracts, compacts, or memoranda of agreement with Indian tribal governments or Alaska Native entities pursuant to the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 450](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450&num=0&edition=prelim) et seq.),11 See References in Text note below. [section 2004a of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2004a&num=0&edition=prelim), or [section 1632 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1632&num=0&edition=prelim).
**(b) Cooperative agreements** The Director is authorized, for purposes of carrying out the duties of the Director under this chapter, to contract with or enter into such cooperative agreements with such other Federal agencies as is considered necessary to provide cost-sharing for closure and postclosure activities, to obtain necessary technical and financial assistance and expertise, and for such other purposes as the Director considers necessary.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3905
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority of Director** Nothing in this chapter shall be construed to alter, diminish, repeal, or supersede any authority conferred on the Director pursuant to [section 1632 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1632&num=0&edition=prelim), and [section 2004a of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2004a&num=0&edition=prelim).
**(b) Exempted lands and facilities** This chapter shall not apply to open dump sites on Indian lands or Alaska Native lands—
(1) that comprise an area of one-half acre or less and that are used by individual families on lands to which they hold legal or beneficial title;
(2) of any size that have been or are being operated for a profit; or
(3) where solid waste from an industrial process is being or has been routinely disposed of at a privately owned facility in compliance with applicable Federal laws.
**(c) Rules of construction**
(1) Nothing in this chapter shall be construed to amend or modify the authority or responsibility of the Administrator of the Environmental Protection Agency under the Solid Waste Disposal Act ([42 U.S.C. 6901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6901&num=0&edition=prelim) et seq.).
(2) Nothing in this chapter is intended to amend, repeal, or supersede any provision of the Solid Waste Disposal Act ([42 U.S.C. 6901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6901&num=0&edition=prelim) et seq.).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3908
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Federal law — U.S. Code and appendices · legal_authorities
Page 290
TITLE 25—INDIANS
§ 1632
CODIFICATION
Amendment by Pub. L. 111–148 is based on sections 141
and 142 of title I of S. 1790, One Hundred Eleventh Con-
gress, as reported by the Committee on Indian Affairs
of the Senate in Dec. 2009, which were enacted into law
by section 10221(a) of Pub. L. 111–148.
AMENDMENTS
2010—Pub. L. 111–148 added subsecs. (c) to (f), redesig-
nated former subsec. (d) as (h), added subsec. (g) at end,
and struck out former subsec. (c) which related to an-
nual report on health facility priority system.
1992—Subsec. (a)(2). Pub. L. 102–573, § 301(1), sub-
stituted ‘‘Health Care Organizations’’ for ‘‘Hospitals’’.
Subsec. (b)(1). Pub. L. 102–573, § 301(2), struck out
‘‘other’’ before ‘‘outpatient health care facility’’ in in-
troductory provisions and added subpars. (F) and (G).
Subsec. (c). Pub. L. 102–573, § 301(3), redesignated sub-
sec. (d) as (c) and struck out former subsec. (c) which
read as follows: ‘‘The President shall include with the
budget submitted under section 1105 of title 31, for each
of the fiscal years 1990, 1991, and 1992, program informa-
tion documents for the construction of 10 Indian health
facilities which—
‘‘(1) comply with applicable construction standards,
and
‘‘(2) have been approved by the Secretary.’’
Subsec. (c)(1). Pub. L. 102–573, § 301(4), amended intro-
ductory provisions generally. Prior to amendment, in-
troductory provisions read as follows: ‘‘The Secretary
shall submit to the Congress an annual report which
sets forth—’’.
Subsec. (c)(2) to (5). Pub. L. 102–573, § 301(5), redesig-
nated pars. (3) to (5) as (2) to (4), respectively, and
struck out former par. (2) which read as follows: ‘‘The
first report required under paragraph (1) shall be sub-
mitted by no later than the date that
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 1632
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