25 U.S.C. § 1679 — Eligibility of California Indians

Page 345 TITLE 25—INDIANS § 1679 1980, 94 Stat. 3179; amended Pub. L. 102–285, § 10(b), May 18, 1992, 106 Stat. 172; renumbered title VIII, § 807, and amended Pub. L. 102–573, title VII, § 701(a), (b), title VIII, § 813(b), Oct. 29, 1992, 106 Stat. 4572, 4590.) Editorial Notes AMENDMENTS 1992—Subsec. (f). Pub. L. 102–573, § 813(b), struck out subsec. (f) which authorized appropriation of $300,000 to carry out the study as provided in subsec. (a), such amount to be expended by the date eighteen months after Dec. 17, 1980. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States Bureau of Mines’’ substituted for ‘‘Bureau of Mines’’ in subsec. (d)(1) pursuant to section 10(b) of Pub. L. 102–285, set out as a note under section 1 of Title 30, Mineral Lands and Mining. For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see note set out under section 1 of Title 30, Minerals and Mining. NUCLEAR RESOURCE DEVELOPMENT HEALTH HAZARDS; STUDY AND REPORT Pub. L. 100–713, title VII, § 717, Nov. 23, 1988, 102 Stat. 4837, provided for a study to determine the number of active nuclear resource development sites on Indian lands in the United States and the health hazards that exist as a result of such sites and required a report to Congress describing the findings and conclusions of the study by no later than 2 years after Nov. 23, 1988. § 1678. Arizona as contract health service deliv- ery area (a) In general The State of Arizona shall be designated as a contract health service delivery area by the Service for the purpose of providing contract health care services to members of Indian tribes in the State of Arizona. (b) Maintenance of services The Service shall not curtail any health care services provided to Indians residing on reserva- tions in the State of Arizona if the curtailment is due to the provision of contract services in that State pursuant to the designation of the State as a contract health service delivery area by subsection (a). (Pub. L. 94–437, title VIII, § 808, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.) Editorial Notes CODIFICATION Section 808 of Pub. L. 94–437 is based on section 192(1) of title I of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was enacted into law by sec- tion 10221(a) of Pub. L. 111–148. PRIOR PROVISIONS A prior section 1678, Pub. L. 94–437, title VIII, § 808, formerly title VII, § 708, as added Pub. L. 96–537, § 8(b), Dec. 17, 1980, 94 Stat. 3181; amended Pub. L. 100–713, title VII, § 702, Nov. 23, 1988, 102 Stat. 4827; renumbered title VIII, § 808, and amended Pub. L. 102–573, title VII, § 701(a), (b), title VIII, § 803, Oct. 29, 1992, 106 Stat. 4572, 4585, temporarily designated Arizona as a contract health service delivery area, prior to repeal by Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935. The repeal is based on section 192(1) of title I of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148. § 1678a. North Dakota and South Dakota as con- tract health service delivery area (a) In general The States of North Dakota and South Dakota shall be designated as a contract health service delivery area by the Service for the purpose of providing contract health care services to mem- bers of Indian tribes in the States of North Da- kota and South Dakota. (b) Maintenance of services The Service shall not curtail any health care services provided to Indians residing on any res- ervation, or in any county that has a common boundary with any reservation, in the State of North Dakota or South Dakota if the curtail- ment is due to the provision of contract services in those States pursuant to the designation of the States as a contract health service delivery area by subsection (a). (Pub. L. 94–437, title VIII, § 808A, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.) Editorial Notes CODIFICATION Section 808A of Pub. L. 94–437 is based on section 192(2) 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 was enacted into law by section 10221(a) of Pub. L. 111–148. § 1679. Eligibility of California Indians (a) In general The following California Indians shall be eligi- ble for health services provided by the Service: (1) Any member of a federally recognized In- dian tribe. (2) Any descendant of an Indian who was re- siding in California on June 1, 1852, if such de- scendant— (A) is a member of the Indian community served by a local program of the Service; and (B) is regarded as an Indian by the commu- nity in which such descendant lives. (3) Any Indian who holds trust interests in public domain, national forest, or reservation allotments in California. (4) Any Indian of California who is listed on the plans for distribution of the assets of rancherias and reservations located within the State of California under the Act of August 18, 1958 (72 Stat. 619), and any descendant of such an Indian. (b) Clarification Nothing in this section may be construed as expanding the eligibility of California Indians for health services provided by the Service be- yond the scope of eligibility for such health services that applied on May 1, 1986. (Pub. L. 94–437, title VIII, § 809, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.) Page 346 TITLE 25—INDIANS § 1680 Editorial Notes REFERENCES IN TEXT Act of August 18, 1958, referred to in subsec. (a)(4), is Pub. L. 85–671, Aug. 18, 1958, 72 Stat. 619, which is not classified to the Code. CODIFICATION Section 809 of Pub. L. 94–437 is based on section 192(3) of title I of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was enacted into law by sec- tion 10221(a) of Pub. L. 111–148. PRIOR PROVISIONS A prior section 1679, Pub. L. 94–437, title VIII, § 809, formerly title VII, § 709, as added Pub. L. 96–537, § 8(b), Dec. 17, 1980, 94 Stat. 3181; amended Pub. L. 100–713, title VII, § 703, Nov. 23, 1988, 102 Stat. 4827; renumbered title VIII, § 809, Pub. L. 102–573, title VII, § 701(a), (b), Oct. 29, 1992, 106 Stat. 4572, related to report to Con- gress containing sufficient data to determine eligibility of California Indians for health services provided by the Service and preliminary eligibility criteria, prior to re- peal by Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935. The repeal is based on section 192(3) of title I of S. 1790, One Hundred Eleventh Congress, as re- ported by the Committee on Indian Affairs of the Sen- ate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148. § 1680. California as a contract health service de- livery area The State of California, excluding the counties of Alameda, Contra Costa, Los Angeles, Marin, Orange, Sacramento, San Francisco, San Mateo, Santa Clara, Kern, Merced, Monterey, Napa, San Benito, San Joaquin, San Luis Obispo, Santa Cruz, Solano, Stanislaus, and Ventura shall be designated as a contract health service delivery area by the Service for the purpose of providing contract health services to Indians in such State. (Pub. L. 94–437, title VIII, § 810, formerly title VII, § 710, as added Pub. L. 96–537, § 8(b), Dec. 17, 1980, 94 Stat. 3181; amended Pub. L. 100–713, title VII, § 704, Nov. 23, 1988, 102 Stat. 4828; renum- bered title VIII, § 810, Pub. L. 102–573, title VII, § 701(a), (b), Oct. 29, 1992, 106 Stat. 4572.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–713 inserted section catchline and amended text generally, substituting provisions desig- nating parts of California as a contract health service delivery area for former provisions which authorized a demonstration project for lifting personnel ceilings for the Indian Health Service. § 1680a. Contract health facilities The Service shall provide funds for health care programs and facilities operated by tribes and tribal organizations under contracts with the Service entered into under the Indian Self-De- termination Act [25 U.S.C. 5321 et seq.]— (1) for the maintenance and repair of clinics owned or leased by such tribes or tribal orga- nizations, (2) for employee training, (3) for cost-of-living increases for employees, and (4) for any other expenses relating to the provision of health services, on the same basis as such funds are provided to programs and facilities operated directly by the Service. (Pub. L. 94–437, title VIII, § 811, formerly title VII, § 711, as added Pub. L. 100–713, title VII, § 705, Nov. 23, 1988, 102 Stat. 4828; renumbered title VIII, § 811, Pub. L. 102–573, title VII, § 701(a), (b), Oct. 29, 1992, 106 Stat. 4572.) Editorial Notes REFERENCES IN TEXT The Indian Self-Determination Act, referred to in text, is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. § 1680b. National Health Service Corps (a) No reduction in services The Secretary shall not remove a member of the National Health Service Corps from an In- dian health program or urban Indian organiza- tion or withdraw funding used to support such a member, unless the Secretary, acting through the Service, has ensured that the Indians receiv- ing services from the member will experience no reduction in services. (b) Treatment of Indian health programs At the request of an Indian health program, the services of a member of the National Health Service Corps assigned to the Indian health pro- gram may be limited to the individuals who are eligible for services from that Indian health pro- gram. (Pub. L. 94–437, title VIII, § 812, formerly title VII, § 712, as added Pub. L. 100–713, title VII, § 706, Nov. 23, 1988, 102 Stat. 4828; renumbered title VIII, § 812, Pub. L. 102–573, title VII, § 701(a), (b), Oct. 29, 1992, 106 Stat. 4572; amended Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.) Editorial Notes CODIFICATION Amendment by Pub. L. 111–148 is based on section 193 of title I of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was enacted into law by sec- tion 10221(a) of Pub. L. 111–148. AMENDMENTS 2010—Pub. L. 111–148 amended section generally, re- vising and restating former provisions as subsec. (a) and adding subsec. (b). § 1680c. Health services for ineligible persons (a) Children Any individual who— (1) has not attained 19 years of age; (2) is the natural or adopted child, stepchild, foster child, legal ward, or orphan of an eligi- ble Indian; and (3) is not otherwise eligible for health serv- ices provided by the Service, shall be eligible for all health services provided by the Service on the same basis and subject to