25 U.S.C. § 1635 — Repealed. Pub. L. 100–713, title III,

Page 293 TITLE 25—INDIANS § 1637 1 So in original. Probably should be ‘‘Self-Determination’’. 2 See References in Text note below. tion’’ for ‘‘Authorization of appropriations’’ in section catchline and subsecs. (a) to (d) for former single unlet- tered par. § 1635. Repealed. Pub. L. 100–713, title III, § 303(b), Nov. 23, 1988, 102 Stat. 4817 Section, Pub. L. 98–473, title I, § 101(c) [title II, § 201], Oct. 12, 1984, 98 Stat. 1837, 1865, related to renovation and modernization of facilities. § 1636. Grant program for construction, expan- sion, and modernization of small ambulatory care facilities (a) Authorization (1) The Secretary, acting through the Service, shall make grants to tribes and tribal organiza- tions for the construction, expansion, or mod- ernization of facilities for the provision of am- bulatory care services to eligible Indians (and noneligible persons as provided in subsection (c)(1)(C)). A grant made under this section may cover up to 100 percent of the costs of such con- struction, expansion, or modernization. For the purposes of this section, the term ‘‘construc- tion’’ includes the replacement of an existing fa- cility. (2) A grant under paragraph (1) may only be made to a tribe or tribal organization operating an Indian health facility (other than a facility owned or constructed by the Service, including a facility originally owned or constructed by the Service and transferred to a tribe or tribal orga- nization) pursuant to a contract entered into under the Indian Self-Determination Act [25 U.S.C. 5321 et seq.]. (b) Use of grant (1) A grant provided under this section may be used only for the construction, expansion, or modernization (including the planning and de- sign of such construction, expansion, or mod- ernization) of an ambulatory care facility— (A) located apart from a hospital; (B) not funded under section 1631 of this title or section 1637 of this title; and (C) which, upon completion of such construc- tion, expansion, or modernization will— (i) have a total capacity appropriate to its projected service population; (ii) serve no less than 500 eligible Indians annually; and (iii) provide ambulatory care in a service area (specified in the contract entered into under the Indian Self-Determination Act [25 U.S.C. 5321 et seq.]) with a population of not less than 2,000 eligible Indians. (2) The requirements of clauses (ii) and (iii) of paragraph (1)(C) shall not apply to a tribe or tribal organization applying for a grant under this section whose tribal government offices are located on an island. (c) Application for grant (1) No grant may be made under this section unless an application for such a grant has been submitted to and approved by the Secretary. An application for a grant under this section shall be submitted in such form and manner as the Secretary shall by regulation prescribe and shall set forth reasonable assurance by the applicant that, at all times after the construction, expan- sion, or modernization of a facility carried out pursuant to a grant received under this sec- tion— (A) adequate financial support will be avail- able for the provision of services at such facil- ity; (B) such facility will be available to eligible Indians without regard to ability to pay or source of payment; and (C) such facility will, as feasible without di- minishing the quality or quantity of services provided to eligible Indians, serve noneligible persons on a cost basis. (2) In awarding grants under this section, the Secretary shall give priority to tribes and tribal organizations that demonstrate— (A) a need for increased ambulatory care services; and (B) insufficient capacity to deliver such services. (d) Transfer of interest to United States upon cessation of facility If any facility (or portion thereof) with respect to which funds have been paid under this sec- tion, ceases, at any time after completion of the construction, expansion, or modernization car- ried out with such funds, to be utilized for the purposes of providing ambulatory care services to eligible Indians, all of the right, title, and in- terest in and to such facility (or portion thereof) shall transfer to the United States. (Pub. L. 94–437, title III, § 306, as added Pub. L. 100–713, title III, § 304, Nov. 23, 1988, 102 Stat. 4817; amended Pub. L. 102–573, title III, § 303, Oct. 29, 1992, 106 Stat. 4561.) Editorial Notes REFERENCES IN TEXT The Indian Self-Determination Act, referred to in subsecs. (a)(2) and (b)(1)(C)(iii), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 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. AMENDMENTS 1992—Pub. L. 102–573 amended section generally, sub- stituting provisions relating to grant program for con- struction, expansion, and modernization of small am- bulatory care facilities for provisions relating to con- veyance of certain real property under Alaska Native Claims Settlement Act. § 1637. Indian health care delivery demonstration projects (a) Purpose and general authority (1) Purpose The purpose of this section is to encourage the establishment of demonstration projects that meet the applicable criteria of this sec- tion to be carried out by the Secretary, acting through the Service, or Indian tribes or tribal organizations acting pursuant to contracts or compacts under the Indian Self Determina- tion 1 and Education Assistance Act (25 U.S.C. 450 et seq.)— 2