25 U.S.C. § 1684 — Emergency plan for Indian safety and

Page 356 TITLE 25—INDIANS § 1682 1 See References in Text note below. § 1682. Subrogation of claims by Indian Health Service On and after October 18, 1986, the Indian Health Service may seek subrogation of claims including but not limited to auto accident claims, including no-fault claims, personal in- jury, disease, or disability claims, and worker’s compensation claims, the proceeds of which shall be credited to the funds established by sec- tions 401 and 402 1 of the Indian Health Care Im- provement Act. (Pub. L. 99–500, § 101(h) [title II], Oct. 18, 1986, 100 Stat. 1783–242, 1783–277, and Pub. L. 99–591, § 101(h) [title II], Oct. 30, 1986, 100 Stat. 3341–242, 3341–277.) Editorial Notes REFERENCES IN TEXT Sections 401 and 402 of the Indian Health Care Im- provement Act, referred to in text, probably means former sections 401 and 402 of Pub. L. 94–437, title IV, Sept. 30, 1976, 90 Stat. 1408, 1409, which enacted sections 1395qq and 1396j of Title 42, The Public Health and Wel- fare, amended sections 1395f, 1395n, and 1396d of Title 42, and enacted provisions set out as notes under sections 1395qq and 1396j of Title 42. Sections 401 and 402 of the Act were amended generally by section 401(a), (b)(1) of Pub. L. 102–573, title IV, Oct. 29, 1992, 106 Stat. 4565, and by section 10221(a) of Pub. L. 111–148, title X, Mar. 23, 2010, 124 Stat. 935, and are classified to sections 1641 and 1642 of this title, respectively. CODIFICATION Pub. L. 99–591 is a corrected version of Pub. L. 99–500. Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1987, as enacted by Pub. L. 99–500 and Pub. L. 99–591, and not as part of the Indian Health Care Improvement Act which comprises this chapter. PRIOR PROVISIONS A prior section 1682, Pub. L. 98–473, title I, § 101(c) [title II], Oct. 12, 1984, 98 Stat. 1837, 1865, which related to subrogation of claims by Indian Health Service, was omitted as superseded by section 101(h) [title II] of Pub. L. 99–500 and Pub. L. 99–591. § 1683. Indian Catastrophic Health Emergency Fund $10,000,000 shall remain available until ex- pended, for the establishment of an Indian Cata- strophic Health Emergency Fund (hereinafter referred to as the ‘‘Fund’’). On and after October 18, 1986, the Fund is to cover the Indian Health Service portion of the medical expenses of cata- strophic illness falling within the responsibility of the Service and shall be administered by the Secretary of Health and Human Services, acting through the central office of the Indian Health Service. No part of the Fund or its administra- tion shall be subject to contract or grant under the Indian Self-Determination and Education Assistance Act (Public Law 93–638) [25 U.S.C. 5301 et seq.]. There shall be deposited into the Fund all amounts recovered under the authority of the Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.), which shall become available for obligation upon receipt and which shall re- main available for obligation until expended. The Fund shall not be used to pay for health services provided to eligible Indians to the ex- tent that alternate Federal, State, local, or pri- vate insurance resources for payment: (1) are available and accessible to the beneficiary; or (2) would be available and accessible if the bene- ficiary were to apply for them; or (3) would be available and accessible to other citizens simi- larly situated under Federal, State, or local law or regulation or private insurance program not- withstanding Indian Health Service eligibility or residency on or off a Federal Indian reserva- tion. (Pub. L. 99–500, § 101(h) [title II], Oct. 18, 1986, 100 Stat. 1783–242, 1783–276, and Pub. L. 99–591, § 101(h) [title II], Oct. 30, 1986, 100 Stat. 3341–242, 3341–276.) Editorial Notes REFERENCES IN TEXT The Indian Self-Determination and Education Assist- ance Act (Public Law 93–638), referred to in text, is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§ 5301 et seq.) 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. The Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.), referred to in text, probably means Pub. L. 87–693, Sept. 25, 1962, 76 Stat. 593, which is classified generally to chapter 32 (§ 2651 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Tables. CODIFICATION Pub. L. 99–591 is a corrected version of Pub. L. 99–500. Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1987, as enacted by Pub. L. 99–500 and Pub. L. 99–591, and not as part of the Indian Health Care Improvement Act which comprises this chapter. § 1684. Emergency plan for Indian safety and health (a) Establishment of Fund There is established in the Treasury of the United States a fund, to be known as the ‘‘Emer- gency Fund for Indian Safety and Health’’ (re- ferred to in this section as the ‘‘Fund’’), con- sisting of such amounts as are appropriated to the Fund under subsection (b). (b) Transfers to Fund (1) In general There is authorized to be appropriated to the Fund, out of funds of the Treasury not other- wise appropriated, $1,602,619,000 for the 5-year period beginning on October 1, 2008. (2) Availability of amounts Amounts deposited in the Fund under this section shall— (A) be made available without further ap- propriation; (B) be in addition to amounts made avail- able under any other provision of law; and (C) remain available until expended. (c) Expenditures from Fund On request by the Attorney General, the Sec- retary of the Interior, or the Secretary of Health and Human Services, the Secretary of the Treas- Page 357 TITLE 25—INDIANS § 1684 1 See References in Text note below. ury shall transfer from the Fund to the Attor- ney General, the Secretary of the Interior, or the Secretary of Health and Human Services, as appropriate, such amounts as the Attorney Gen- eral, the Secretary of the Interior, or the Sec- retary of Health and Human Services deter- mines to be necessary to carry out the emer- gency plan under subsection (f). (d) Transfers of amounts (1) In general The amounts required to be transferred to the Fund under this section shall be trans- ferred at least monthly from the general fund of the Treasury to the Fund on the basis of es- timates made by the Secretary of the Treas- ury. (2) Adjustments Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (e) Remaining amounts Any amounts remaining in the Fund on Sep- tember 30 of an applicable fiscal year may be used by the Attorney General, the Secretary of the Interior, or the Secretary of Health and Human Services to carry out the emergency plan under subsection (f) for any subsequent fis- cal year. (f) Emergency plan Not later than 1 year after July 30, 2008, the Attorney General, the Secretary of the Interior, and the Secretary of Health and Human Serv- ices, in consultation with Indian tribes (as de- fined in section 4 of the Indian Self-Determina- tion and Education Assistance Act (25 U.S.C. 450b)),1 shall jointly establish an emergency plan that addresses law enforcement, water, and health care needs of Indian tribes under which, for each of fiscal years 2010 through 2019, of amounts in the Fund— (1) the Attorney General shall use— (A) 18.5 percent for the construction, reha- bilitation, and replacement of Federal In- dian detention facilities; (B) 1.5 percent to investigate and pros- ecute crimes in Indian country (as defined in section 1151 of title 18); (C) 1.5 percent for use by the Office of Jus- tice Programs for Indian and Alaska Native programs; and (D) 0.5 percent to provide assistance to— (i) parties to cross-deputization or other cooperative agreements between State or local governments and Indian tribes (as de- fined in section 5130 of this title) carrying out law enforcement activities in Indian country; and (ii) the State of Alaska (including polit- ical subdivisions of that State) for car- rying out the Village Public Safety Officer Program and law enforcement activities on Alaska Native land (as defined in sec- tion 3902 of this title); (2) the Secretary of the Interior shall— (A) deposit 15.5 percent in the public safety and justice account of the Bureau of Indian Affairs for use by the Office of Justice Serv- ices of the Bureau in providing law enforce- ment or detention services, directly or through contracts or compacts with Indian tribes under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.); 1 and (B) use not more than $602,619,000 to imple- ment requirements of Indian water settle- ment agreements that are approved by Con- gress (or the legislation to implement such an agreement) under which the United States shall plan, design, rehabilitate, or construct, or provide financial assistance for the planning, design, rehabilitation, or con- struction of, water supply or delivery infra- structure that will serve an Indian tribe (as defined in section 4 of the Indian Self-Deter- mination and Education Assistance Act (25 U.S.C. 450b)); 1 and (3) the Secretary of Health and Human Serv- ices, acting through the Director of the Indian Health Service, shall use 12.5 percent to pro- vide, directly or through contracts or com- pacts with Indian tribes under the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450 et seq.)— 1 (A) contract health services; (B) construction, rehabilitation, and re- placement of Indian health facilities; and (C) domestic and community sanitation fa- cilities serving members of Indian tribes (as defined in section 4 of the Indian Self-Deter- mination and Education Assistance Act (25 U.S.C. 450b)) 1 pursuant to section 2004a of title 42. (Pub. L. 110–293, title VI, § 601, July 30, 2008, 122 Stat. 2968; Pub. L. 111–291, title VIII, § 831, Dec. 8, 2010, 124 Stat. 3163.) Editorial Notes REFERENCES IN TEXT The Indian Self-Determination and Education Assist- ance Act, referred to in subsec. (f), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was classified prin- cipally to subchapter II (§ 450 et seq.) of chapter 14 of this title prior to editorial reclassification as chapter 46 (§ 5301 et seq.) of this title. Section 4 of the Act was classified to section 450b of this title prior to editorial reclassification as section 5304 of this title. For com- plete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. CODIFICATION Section was enacted as part of the Tom Lantos and Henry J. Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reau- thorization Act of 2008, and not as part of the Indian Health Care Improvement Act which comprises this chapter. Section was formerly classified to section 443c of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 2010—Subsec. (b)(1). Pub. L. 111–291, § 831(1), sub- stituted ‘‘$1,602,619,000’’ for ‘‘$2,000,000,000’’. Subsec. (f)(2)(B). Pub. L. 111–291, § 831(2), substituted ‘‘not more than $602,619,000’’ for ‘‘50 percent’’. Page 358 TITLE 25—INDIANS § 1685 1 See References in Text note below. § 1685. Service of traditional foods in public fa- cilities (a) Purposes The purposes of this section are— (1) to provide access to traditional foods in food service programs; (2) to encourage increased consumption of traditional foods to decrease health disparities among Indians, particularly Alaska Natives; and (3) to provide alternative food options for food service programs. (b) Definitions In this section: (1) Alaska Native The term ‘‘Alaska Native’’ means a person who is a member of any Native village, Village Corporation, or Regional Corporation (as those terms are defined in section 1602 of title 43). (2) Commissioner The term ‘‘Commissioner’’ means the Com- missioner of Food and Drugs. (3) Food service program The term ‘‘food service program’’ includes— (A) food service at residential child care facilities that have a license from an appro- priate State agency; (B) any child nutrition program (as that term is defined in section 1769f(b) of title 42); (C) food service at hospitals, clinics, and long-term care facilities; and (D) senior meal programs. (4) Indian; Indian tribe The terms ‘‘Indian’’ and ‘‘Indian tribe’’ have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).1 (5) Traditional food (A) In general The term ‘‘traditional food’’ means food that has traditionally been prepared and consumed by an Indian tribe. (B) Inclusions The term ‘‘traditional food’’ includes— (i) wild game meat; (ii) fish; (iii) seafood; (iv) marine mammals; (v) plants; and (vi) berries. (6) Tribal organization The term ‘‘tribal organization’’ has the meaning given the term in section 4 of the In- dian Self-Determination and Education Assist- ance Act (25 U.S.C. 450b).1 (c) Program The Secretary and the Commissioner shall allow the donation to and serving of traditional food through food service programs at public fa- cilities and nonprofit facilities, including facili- ties operated by Indian tribes and facilities op- erated by tribal organizations, that primarily serve Indians if the operator of the food service program— (1) ensures that the food is received whole, gutted, gilled, as quarters, or as a roast, with- out further processing; (2) makes a reasonable determination that— (A) the animal was not diseased; (B) the food was butchered, dressed, trans- ported, and stored to prevent contamination, undesirable microbial growth, or deteriora- tion; and (C) the food will not cause a significant health hazard or potential for human illness; (3) carries out any further preparation or processing of the food at a different time or in a different space from the preparation or proc- essing of other food for the applicable program to prevent cross-contamination; (4) cleans and sanitizes food-contact surfaces of equipment and utensils after processing the traditional food; (5) labels donated traditional food with the name of the food; (6) stores the traditional food separately from other food for the applicable program, in- cluding through storage in a separate freezer or refrigerator or in a separate compartment or shelf in the freezer or refrigerator; (7) follows Federal, State, local, county, tribal, or other non-Federal law regarding the safe preparation and service of food in public or nonprofit facilities; and (8) follows other such criteria as established by the Secretary and Commissioner. (d) Liability (1) In general The United States, an Indian tribe, a tribal organization, a State, a county or county equivalent, a local educational agency, and an entity or person authorized to facilitate the donation, storage, preparation, or serving of traditional food by the operator of a food serv- ice program shall not be liable in any civil ac- tion for any damage, injury, or death caused to any person by the donation to or storage, preparation, or serving of traditional foods through food service programs. (2) Rule of construction Nothing in paragraph (1) alters any liability or other obligation of the United States under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 1450 et seq.).1 (Pub. L. 113–79, title IV, § 4033, Feb. 7, 2014, 128 Stat. 818; Pub. L. 115–334, title IV, § 4203, Dec. 20, 2018, 132 Stat. 4656.) Editorial Notes REFERENCES IN TEXT The Indian Self-Determination and Education Assist- ance Act, referred to in subsecs. (b)(4), (6) and (d)(2), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was clas- sified principally to subchapter II (§ 450 et seq.) of chap- ter 14 of this title prior to editorial reclassification as chapter 46 (§ 5301 et seq.) of this title. Section 4 of the Act was classified to section 450b of this title prior to editorial reclassification as section 5304 of this title. For complete classification of this Act to the Code, see