25 U.S.C. § 1677 — Nuclear resource development health haz-

Page 344 TITLE 25—INDIANS § 1677 1980, 94 Stat. 3179; amended Pub. L. 100–713, title VII, § 718, Nov. 23, 1988, 102 Stat. 4837; renum- bered title VIII, § 806, Pub. L. 102–573, title VII, § 701(a), (b), Oct. 29, 1992, 106 Stat. 4572; Pub. L. 111–148, title X, § 10221(b)(3), Mar. 23, 2010, 124 Stat. 936.) Editorial Notes AMENDMENTS 2010—Pub. L. 111–148 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1988—Pub. L. 100–713 inserted section catchline and amended text generally. Prior to amendment, text read as follows: ‘‘Within one year from December 17, 1980, the Secretary shall submit to the Congress a resource allocation plan. Such plan shall explain the future allo- cation of services and funds among the service popu- lation of the Service and shall provide a schedule for reducing deficiencies in resources of tribes and non- tribal specific entities.’’ § 1677. Nuclear resource development health haz- ards (a) Study The Secretary and the Service shall conduct, in conjunction with other appropriate Federal agencies and in consultation with concerned In- dian tribes and organizations, a study of the health hazards to Indian miners and Indians on or near Indian reservations and in Indian com- munities as a result of nuclear resource develop- ment. Such study shall include— (1) an evaluation of the nature and extent of nuclear resource development related health problems currently exhibited among Indians and the causes of such health problems; (2) an analysis of the potential effect of on- going and future nuclear resource develop- ment on or near Indian reservations and com- munities; (3) an evaluation of the types and nature of activities, practices, and conditions causing or affecting such health problems, including ura- nium mining and milling, uranium mine tail- ing deposits, nuclear powerplant operation and construction, and nuclear waste disposal; (4) a summary of any findings and rec- ommendations provided in Federal and State studies, reports, investigations, and inspec- tions during the five years prior to December 17, 1980, that directly or indirectly relate to the activities, practices, and conditions affect- ing the health or safety of such Indians; and (5) the efforts that have been made by Fed- eral and State agencies and mining and mill- ing companies to effectively carry out an edu- cation program for such Indians regarding the health and safety hazards of such nuclear re- source development. (b) Health care plan; development Upon completion of such study the Secretary and the Service shall take into account the re- sults of such study and develop a health care plan to address the health problems studied under subsection (a). The plan shall include— (1) methods for diagnosing and treating Indi- ans currently exhibiting such health problems; (2) preventive care for Indians who may be exposed to such health hazards, including the monitoring of the health of individuals who have or may have been exposed to excessive amounts of radiation, or affected by other nu- clear development activities that have had or could have a serious impact upon the health of such individuals; and (3) a program of education for Indians who, by reason of their work or geographic prox- imity to such nuclear development activities, may experience health problems. (c) Reports to Congress The Secretary and the Service shall submit to Congress the study prepared under subsection (a) no later than the date eighteen months after December 17, 1980. The health care plan prepared under subsection (b) shall be submitted in a re- port no later than the date one year after the date that the study prepared under subsection (a) is submitted to Congress. Such report shall include recommended activities for the imple- mentation of the plan, as well as an evaluation of any activities previously undertaken by the Service to address such health problems. (d) Intergovernmental Task Force; establishment and functions (1) There is established an Intergovernmental Task Force to be composed of the following indi- viduals (or their designees): the Secretary of En- ergy, the Administrator of the Environmental Protection Agency, the Director of the United States Bureau of Mines, the Assistant Secretary for Occupational Safety and Health, and the Secretary of the Interior. (2) The Task Force shall identify existing and potential operations related to nuclear resource development that affect or may affect the health of Indians on or near an Indian reserva- tion or in an Indian community and enter into activities to correct existing health hazards and insure that current and future health problems resulting from nuclear resource development ac- tivities are minimized or reduced. (3) The Secretary shall be Chairman of the Task Force. The Task Force shall meet at least twice each year. Each member of the Task Force shall furnish necessary assistance to the Task Force. (e) Medical care In the case of any Indian who— (1) as a result of employment in or near a uranium mine or mill, suffers from a work re- lated illness or condition; (2) is eligible to receive diagnosis and treat- ment services from a Service facility; and (3) by reason of such Indian’s employment, is entitled to medical care at the expense of such mine or mill operator; the Service shall, at the request of such Indian, render appropriate medical care to such Indian for such illness or condition and may recover the costs of any medical care so rendered to which such Indian is entitled at the expense of such operator from such operator. Nothing in this subsection shall affect the rights of such In- dian to recover damages other than such costs paid to the Service from the employer for such illness or condition. (Pub. L. 94–437, title VIII, § 807, formerly title VII, § 707, as added Pub. L. 96–537, § 8(b), Dec. 17, 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.)