25 U.S.C. § 1672 — Regulations

Page 341 TITLE 25—INDIANS § 1675 ‘‘(A) detail the health problems faced by Indians and Native Alaskans who reside on reservations; ‘‘(B) examine and explain the causes of such prob- lems; ‘‘(C) describe the health care services available to Indians and Native Alaskans who reside on reserva- tions and the adequacy of such services; ‘‘(D) identify the reasons for the provision of in- adequate health care services for Indians and Na- tive Alaskans who reside on reservations, including the availability of resources; ‘‘(E) develop measures for tracking the health status of Indians and Native Americans who reside on reservations; and ‘‘(F) make recommendations for improvements in the health care services provided for Indians and Native Alaskans who reside on reservations, includ- ing recommendations for legislative change. ‘‘(2) EXCEPTION.—In addition to the report required under paragraph (1), not later than 2 years after the date of the enactment of the Youth Drug and Mental Health Services Act [Oct. 17, 2000], the Secretary shall prepare and submit, to the Committee on Health, Education, Labor, and Pensions of the Sen- ate, a report that describes any alcohol and drug abuse among Indians and Native Alaskans who reside on reservations. ‘‘(j) PERMANENT COMMISSION.—Section 1013 of title 5, United States Code, shall not apply to the Commission. ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated to carry out this section $5,000,000 for fiscal year 2001, and such sums as may be necessary for fiscal years 2002 and 2003.’’ REFERENCES TO SECTIONS 701 TO 720 OF PUBLIC LAW 94–437 Pub. L. 102–573, title VII, § 701(d), Oct. 29, 1992, 106 Stat. 4572, provided that: ‘‘Any reference in a provision of law other than the Indian Health Care Improvement Act [25 U.S.C. 1601 et seq.] to sections redesignated by subsection (b) [renumbering sections 701 to 720 of Pub. L. 94–437 as sections 801 to 820 of Pub. L. 94–437, which are classified to sections 1671 to 1680j of this title] shall be deemed to refer to the section as so redesignated.’’ § 1672. Regulations Prior to any revision of or amendment to rules or regulations promulgated pursuant to this chapter, the Secretary shall consult with Indian tribes and appropriate national or regional In- dian organizations and shall publish any pro- posed revision or amendment in the Federal Register not less than sixty days prior to the ef- fective date of such revision or amendment in order to provide adequate notice to, and receive comments from, other interested parties. (Pub. L. 94–437, title VIII, § 802, formerly title VII, § 702, Sept. 30, 1976, 90 Stat. 1413; renumbered title VIII, § 802, and amended Pub. L. 102–573, title VII, § 701(a), (b), title VIII, § 802, Oct. 29, 1992, 106 Stat. 4572, 4585.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Improve- ment Act, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables. AMENDMENTS 1992—Pub. L. 102–573, § 802, amended section generally, substituting present provisions for former provisions relating in subsec. (a) to consideration, formulation, proposal, and promulgation of regulations and in sub- sec. (b) to revision and amendment of regulations. § 1673. Repealed. Pub. L. 102–573, title IX, § 901(4), Oct. 29, 1992, 106 Stat. 4591 Section, Pub. L. 94–437, title VIII, § 803, formerly title VII, § 703, Sept. 30, 1976, 90 Stat. 1413; renumbered title VIII, § 803, Pub. L. 102–573, title VII, § 701(a), (b), Oct. 29, 1992, 106 Stat. 4572, related to submission by Secretary to Congress of plan to implement provisions of this chapter. § 1674. Leases with Indian tribes (a) Notwithstanding any other provision of law, the Secretary is authorized, in carrying out the purposes of this chapter, to enter into leases with Indian tribes for periods not in excess of twenty years. Property leased by the Secretary from an Indian tribe may be reconstructed or renovated by the Secretary pursuant to an agreement with such Indian tribe. (b) The Secretary may enter into leases, con- tracts, and other legal agreements with Indian tribes or tribal organizations which hold— (1) title to; (2) a leasehold interest in; or (3) a beneficial interest in (where title is held by the United States in trust for the ben- efit of a tribe); facilities used for the administration and deliv- ery of health services by the Service or by pro- grams operated by Indian tribes or tribal organi- zations to compensate such Indian tribes or trib- al organizations for costs associated with the use of such facilities for such purposes. Such costs include rent, depreciation based on the useful life of the building, principal and interest paid or accrued, operation and maintenance ex- penses, and other expenses determined by regu- lation to be allowable. (Pub. L. 94–437, title VIII, § 804, formerly title VII, § 704, Sept. 30, 1976, 90 Stat. 1414; Pub. L. 96–537, § 8(a), Dec. 17, 1980, 94 Stat. 3179; Pub. L. 100–713, title VII, § 701, Nov. 23, 1988, 102 Stat. 4826; renumbered title VIII, § 804, Pub. L. 102–573, title VII, § 701(a), (b), Oct. 29, 1992, 106 Stat. 4572.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Im- provement Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables. AMENDMENTS 1988—Pub. L. 100–713 designated existing provisions as subsec. (a) and added subsec. (b). 1980—Pub. L. 96–537 inserted provision that property leased by the Secretary from an Indian tribe may be re- constructed or renovated by the Secretary pursuant to an agreement with such Indian tribe. § 1675. Confidentiality of medical quality assur- ance records; qualified immunity for partici- pants (a) Definitions In this section: