42 U.S.C. § 2005 — Financial assistance by Surgeon General

Page 5355 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2005 cilities (and any other person so served) re- garding contributions toward the construc- tion, improvement, extension and provision thereof, and responsibilities for maintenance thereof, as in his judgment are equitable and will best assure the future maintenance of fa- cilities in an effective and operating condi- tion; and (4) to transfer any facilities provided under this section, together with appurtenant inter- ests in land, with or without a money consid- eration, and under such terms and conditions as in his judgment are appropriate, having re- gard to the contributions made and the main- tenance responsibilities undertaken, and the special health needs of the Indians concerned, to any State or Territory or subdivision or public authority thereof, or to any Indian tribe, group, band, or community or, in the case of domestic appurtenances and fixtures, to any one or more of the occupants of the In- dian home served thereby. (b) Transfer and reversion of lands The Secretary of the Interior is authorized to transfer to the Surgeon General for use in car- rying out the purposes of this section such inter- est and rights in federally owned lands under the jurisdiction of the Department of the Interior, and in Indian-owned lands that either are held by the United States in trust for Indians or are subject to a restriction against alienation im- posed by the United States, including appur- tenances and improvements thereto, as may be requested by the Surgeon General. Any land or interest therein, including appurtenances and improvements to such land, so transferred shall be subject to disposition by the Surgeon General in accordance with paragraph (4) of subsection (a): Provided, That, in any case where a bene- ficial interest in such land is in any Indian, or Indian tribe, band, or group, the consent of such beneficial owner to any such transfer or disposi- tion shall first be obtained: Provided further, That where deemed appropriate by the Sec- retary of the Interior provisions shall be made for a reversion of title to such land if it ceases to be used for the purpose for which it is trans- ferred or disposed. (c) Project consultation and participation The Surgeon General shall consult with, and encourage the participation of, the Indians con- cerned, States and political subdivisions thereof, in carrying out the provisions of this section. (Aug. 5, 1954, ch. 658, § 7, as added Pub. L. 86–121, § 1, July 31, 1959, 73 Stat. 267.) Executive Documents TRANSFER OF FUNCTIONS Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Sec- retary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under sec- tion 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Edu- cation. Office of Surgeon General reestablished within the Office of the Assistant Secretary for Health, see Notice of Department of Health and Human Services, Office of the Assistant Secretary for Health, Mar. 30, 1987, 52 F.R. 11754. § 2004b. Implementation of education, hospital and health facility, etc., contracts and grants by Public Health Service personnel; request for detail of personnel In accordance with subsection (d) of section 215 of this title, upon the request of any Indian tribe, band, group, or community, commissioned officers of the Service may be assigned by the Secretary for the purpose of assisting such In- dian tribe, group, band, or community in car- rying out the provisions of contracts with, or grants to, tribal organizations pursuant to sec- tions 5321 and 5322 of title 25. (Aug. 5, 1954, ch. 658, § 8, as added Pub. L. 93–638, title I, § 104(b), formerly § 105(b), Jan. 4, 1975, 88 Stat. 2208; renumbered § 104(b) and amended Pub. L. 100–472, title II, § 203(a), (c), Oct. 5, 1988, 102 Stat. 2290.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–472, which directed amendment of this section by substituting reference to sections 5321 and 5322 of title 25 for reference to section 5321, former section 450g, ‘‘and’’ section 5322 of title 25, was executed by making the substitution for reference to section 5321, former section 450g, ‘‘or’’ section 5322 of title 25, to reflect the probable intent of Congress. SUBCHAPTER II—CONSTRUCTION OF HEALTH FACILITIES AND COMMUNITY HOSPITALS § 2005. Financial assistance by Surgeon General Whenever the Surgeon General of the Public Health Service, in carrying out his functions under subchapter I of this chapter with respect to the provision of health services to Indians in any particular area, determines, after consulta- tion with such Indians, that the provision of fi- nancial assistance to one or more public or other nonprofit agencies or organizations for the construction of a community hospital con- stitutes a method of making needed hospital fa- cilities available for such Indians which is more desirable and effective than direct Federal con- struction, he may provide such financial assist- ance from funds available for the construction of Indian health facilities for such Indians. (Pub. L. 85–151, § 1, Aug. 16, 1957, 71 Stat. 370.) Executive Documents TRANSFER OF FUNCTIONS Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Sec- retary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under sec- tion 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Edu- cation. Office of Surgeon General reestablished within the Office of the Assistant Secretary for Health, see Notice of Department of Health and Human Services, Office of the Assistant Secretary for Health, Mar. 30, 1987, 52 F.R. 11754. Page 5356 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2005a § 2005a. Amount of assistance; determination of costs The amount of such financial assistance shall not exceed that portion of the reasonable cost of the construction project which is attributable to the Indian health needs, as determined by the Surgeon General: Provided, That in determining, for the purposes of this subchapter, the portion of the cost of the construction project attrib- utable to Indian health needs, the Surgeon Gen- eral shall take into account only those cat- egories of Indians for which hospital and med- ical care, including outpatient care and field health services, is being provided by or at the expense of the Public Health Service on August 16, 1957. (Pub. L. 85–151, § 2, Aug. 16, 1957, 71 Stat. 371.) Executive Documents TRANSFER OF FUNCTIONS Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Sec- retary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under sec- tion 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Edu- cation. Office of Surgeon General reestablished within the Office of the Assistant Secretary for Health, see Notice of Department of Health and Human Services, Office of the Assistant Secretary for Health, Mar. 30, 1987, 52 F.R. 11754. § 2005b. Conditions of assistance As a condition to providing assistance under section 2005 of this title, the Surgeon General shall— (a) require plans and specifications meeting such standards of construction and equipment as he may prescribe, and (b) obtain such assurances and agreements as in his judgment are equitable in the light of the financial assistance provided under this subchapter and are necessary to assure the availability of the facility for the provision of hospital and medical care to Indians and to as- sure that the hospital is operated in compli- ance with State standards for operation and maintenance of hospitals which receive Fed- eral aid under title VI of the Public Health Service Act [42 U.S.C. 291 et seq.]. (Pub. L. 85–151, § 3, Aug. 16, 1957, 71 Stat. 371.) Editorial Notes REFERENCES IN TEXT The Public Health Service Act, referred to in par. (b), is act July 1, 1944, ch. 373, 58 Stat. 682. Title VI of the Act is classified generally to subchapter IV (§ 291 et seq.) of chapter 6A of this title. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 201 of this title and Tables. Executive Documents TRANSFER OF FUNCTIONS Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Sec- retary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under sec- tion 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Edu- cation. Office of Surgeon General reestablished within the Office of the Assistant Secretary for Health, see Notice of Department of Health and Human Services, Office of the Assistant Secretary for Health, Mar. 30, 1987, 52 F.R. 11754. § 2005c. Payments The Surgeon General shall make payments under section 2005 of this title in advance or by way of reimbursement and in such installments consistent with construction progress, as he may determine. (Pub. L. 85–151, § 4, Aug. 16, 1957, 71 Stat. 371.) Executive Documents TRANSFER OF FUNCTIONS Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Sec- retary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under sec- tion 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Edu- cation. Office of Surgeon General reestablished within the Office of the Assistant Secretary for Health, see Notice of Department of Health and Human Services, Office of the Assistant Secretary for Health, Mar. 30, 1987, 52 F.R. 11754. § 2005d. Eligibility of assisted project for aid under other acts; excluded costs Neither assistance provided under this sub- chapter for meeting part of the cost of construc- tion of a hospital project, nor the giving of any assurance required as a condition of such assist- ance, shall be construed as affecting in any way the eligibility of such project for aid under title VI of the Public Health Service Act [42 U.S.C. 291 et seq.] or any other Federal Act authorizing financial aid in the construction of such project, but construction costs met with Federal funds made available under this subchapter shall not be included in the cost of construction in which the Federal Government shares under such title VI or other Federal Act. (Pub. L. 85–151, § 5, Aug. 16, 1957, 71 Stat. 371.) Editorial Notes REFERENCES IN TEXT The Public Health Service Act, referred to in text, is act July 1, 1944, ch. 373, 58 Stat. 682. Title VI of the Act is classified generally to subchapter IV (§ 291 et seq.) of chapter 6A of this title. For complete classification of this Act to the Code, see Short Title note set out under section 201 of this title and Tables. § 2005e. Definitions As used in this subchapter: (a) ‘‘Hospital’’ includes diagnostic or treat- ment centers and general hospitals, and related facilities, such as laboratories, outpatient de- partments, nurses’ home and training facilities, and central service facilities operated in connec-