§1636 — Title 25 Indians | U.S. Code

Summary

The Secretary, through the Service, must give grants to tribes and tribal organizations to build, expand, or modernize small outpatient clinics. Grants can pay up to 100% of the costs. “Construction” includes replacing an old facility. Grants go only to tribes or tribal groups that operate an Indian health facility under a contract made under the Indian Self‑Determination Act and not to facilities owned or built by the Service. Grants can only fund standalone ambulatory care clinics that are not paid for under sections 1631 or 1637. After work is done, a clinic must be sized for its projected patients, serve at least 500 eligible Indians a year, and be in a service area with at least 2,000 eligible Indians (these two rules do not apply to tribes with government offices on an island). Applicants must apply in the form the Secretary requires and promise ongoing funding, care for eligible Indians regardless of ability to pay, and, if feasible, serve noneligible people on a cost basis. The Secretary will give priority to tribes that show high need and low capacity. If a funded clinic stops serving eligible Indians, ownership goes to the United States.

Title 25, §1636

Indians — Source: USLM XML via OLRC

(a)(1)The Secretary, acting through the Service, shall make grants to tribes and tribal organizations for the construction, expansion, or modernization of facilities for the provision of ambulatory 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 construction, expansion, or modernization. For the purposes of this section, the term “construction” includes the replacement of an existing facility.

(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 organization) pursuant to a contract entered into under the Indian Self-Determination Act [25 U.S.C. 5321 et seq.].

(b)(1)A grant provided under this section may be used only for the construction, expansion, or modernization (including the planning and design of such construction, expansion, or modernization) 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 construction, 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)(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, expansion, or modernization of a facility carried out pursuant to a grant received under this section—

(A)adequate financial support will be available for the provision of services at such facility;

(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 diminishing 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)If any facility (or portion thereof) with respect to which funds have been paid under this section, ceases, at any time after completion of the construction, expansion, or modernization carried out with such funds, to be utilized for the purposes of providing ambulatory care services to eligible Indians, all of the right, title, and interest in and to such facility (or portion thereof) shall transfer to the United States.

Notes & Related Subsidiaries

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, substituting provisions relating to grant program for

Construction

, expansion, and modernization of small ambulatory care facilities for provisions relating to conveyance of certain real property under Alaska Native Claims Settlement Act.

§1636 Grant program for construction, expansion, and modernization of small ambulatory care facilities