42 U.S.C. § 2004b — Implementation of education, hospital

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.