§1638e — Title 25 Indians | U.S. Code

Summary

Federal agencies may transfer money, equipment, or supplies for building or running health care or sanitation facilities to the Secretary. The Secretary can also accept money, equipment, or supplies from any source, including federal and state agencies, and use them to plan, design, build, and run health care or sanitation facilities for Indian communities, including under Indian Self-Determination contracts. Sending resources to the Secretary does not change any priorities set by section 1631. The Secretary can make agreements with other agencies and groups to get and use these resources for Indian health programs. The Secretary must create rules for how to plan, design, build, and operate these facilities. Other department rules still apply. Sanitation facility means a safe water system, a sanitary sewage system, or a sanitary solid waste system, with related equipment and support.

Title 25, §1638e

Indians — Source: USLM XML via OLRC

(a)(1)The head of any Federal agency to which funds, equipment, or other supplies are made available for the planning, design, construction, or operation of a health care or sanitation facility may transfer the funds, equipment, or supplies to the Secretary for the planning, design, construction, or operation of a health care or sanitation facility to achieve—

(A)the purposes of this chapter; and

(B)the purposes for which the funds, equipment, or supplies were made available to the Federal agency.

(2)The Secretary may—

(A)accept from any source, including Federal and State agencies, funds, equipment, or supplies that are available for the construction or operation of health care or sanitation facilities; and

(B)use those funds, equipment, and supplies to plan, design,,11 So in original. construct, and operate health care or sanitation facilities for Indians, including pursuant to a contract or compact under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).22 See References in Text note below.

(3)Receipt of funds by the Secretary under this subsection shall not affect any priority established under section 1631 of this title.

(b)The Secretary may enter into interagency agreements with Federal or State agencies and other entities, and accept funds, equipment, or other supplies from those entities, to provide for the planning, design, construction, and operation of health care or sanitation facilities to be administered by Indian health programs to achieve—

(1)the purposes of this chapter; and

(2)the purposes for which the funds were appropriated or otherwise provided.

(c)(1)The Secretary, acting through the Service, shall establish, by regulation, standards for the planning, design, construction, and operation of health care or sanitation facilities serving Indians under this chapter.

(2)Notwithstanding any other provision of law, any other applicable regulations of the Department shall apply in carrying out projects using funds transferred under this section.

(d)In this section, the term “sanitation facility” means a safe and adequate water supply system, sanitary sewage disposal system, or sanitary solid waste system (including all related equipment and support infrastructure).

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a)(1)(A), (b)(1), and (c)(1), was in the original “this Act”, meaning Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Improvement Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 1601 of this title and Tables. The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in subsec. (a)(2)(B), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally 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. For complete classification of this Act to the Code, see

Short Title

note set out under section 5301 of this title and Tables. Codification section 311 of Pub. L. 94–437 is based on section 145 of title I of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148.

§1638e Other funding, equipment, and supplies for facilities

Summary

Title 25, §1638e

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Citations & Metadata