§1638f — Title 25 Indians | U.S. Code

Summary

The Secretary, through the Indian Health Service, must set up a demonstration program to buy, install, and maintain modular component health care facilities in Indian communities. A modular component health care facility is made from prefabricated units built off-site and moved to the site, and it must be a cheaper way to provide a health clinic than building in the usual way. The program must give at least 3 grants. Tribes or tribal organizations must send petitions to ask for a facility, with the information the Secretary requires. When choosing sites, the Secretary will give priority to petitions already on the IHS construction priority list and to projects that show the modular building is cheaper, can be built faster, and can house needed health services. A selected project cannot be added to the list titled "IHS Health Care Facilities FY 2011 Planned Construction Budget" dated May 7, 2009 (or any successor list). A tribe can petition whether or not it has a contract or compact under the Indian Self-Determination and Education Assistance Act. If a tribe chosen for the program wants, the project funds can be handled under that Act. The Secretary must report to Congress not later than 1 year after funds are available and every year after that, describing each project, how well it worked, and the possible benefits of using more modular facilities. Congress authorized $50,000,000 for the first 5 fiscal years and whatever amounts are needed after that.

Title 25, §1638f

Indians — Source: USLM XML via OLRC

(a)In this section, the term “modular component health care facility” means a health care facility that is constructed—

(1)off-site using prefabricated component units for subsequent transport to the destination location; and

(2)represents 11 So in original. a more economical method for provision of health care facility 22 So in original. Probably should be “provision of a health care facility”. than a traditionally constructed health care building.

(b)The Secretary, acting through the Service, shall establish a demonstration program under which the Secretary shall award no less than 3 grants for purchase, installation and maintenance of modular component health care facilities in Indian communities for provision of health care services.

(c)(1)(A)The Secretary shall solicit from Indian tribes petitions for location of the modular component health care facilities in the Service areas of the petitioning Indian tribes.

(B)To be eligible to receive a grant under this section, an Indian tribe or tribal organization must submit to the Secretary a petition to construct a modular component health care facility in the Indian community of the Indian tribe, at such time, in such manner, and containing such information as the Secretary may require.

(2)In selecting the location of each modular component health care facility to be provided under the demonstration program, the Secretary shall give priority to projects already on the Indian Health Service facilities construction priority list and petitions which demonstrate that erection of a modular component health facility—

(A)is more economical than construction of a traditionally constructed health care facility;

(B)can be constructed and erected on the selected location in less time than traditional construction; and

(C)can adequately house the health care services needed by the Indian population to be served.

(3)A modular component health care facility project selected for participation in the demonstration program shall not be eligible for entry on the facilities construction priorities list entitled “IHS Health Care Facilities FY 2011 Planned Construction Budget” and dated May 7, 2009 (or any successor list).

(d)(1)An Indian tribe may submit a petition under subsection (c)(1)(B) regardless of whether the Indian tribe is a party to any contract or compact under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).33 See References in Text note below.

(2)At the election of an Indian tribe or tribal organization selected for participation in the demonstration program, the funds provided for the project shall be subject to the provisions of the Indian Self-Determination and Education Assistance Act.

(e)Not later than 1 year after the date on which funds are made available for the demonstration program and annually thereafter, the Secretary shall submit to Congress a report describing—

(1)each activity carried out under the demonstration program, including an evaluation of the success of the activity; and

(2)the potential benefits of increased use of modular component health care facilities in other Indian communities.

(f)There are authorized to be appropriated $50,000,000 to carry out the demonstration program under this section for the first 5 fiscal years, and such sums as may be necessary to carry out the program in subsequent fiscal years.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in subsec. (d), 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 312 of Pub. L. 94–437 is based on section 146 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.

§1638f Indian country modular component facilities demonstration program