Title 25, IndiansRelease 119-110

§1636 Grant Program for Construction, Expansion, and Modernization of Small Ambulatory Care Facilities

Title 25 › CHAPTER 18 — INDIAN HEALTH CARE › SUBCHAPTER III — HEALTH FACILITIES › § 1636

Last updated Sep 22, 2026|Official source

Summary

The Secretary, through the Service, must give grants to tribes and tribal organizations to build, expand, or modernize outpatient (ambulatory) care clinics for eligible Indians (and some noneligible people as allowed). Grants can pay up to 100 percent of costs. “Build” can include replacing an old clinic. Only tribes or tribal groups that run an Indian health facility under a contract made under the Indian Self-Determination Act can get these grants, and not for facilities owned or built by the Service. Grants must pay for clinics that are separate from a hospital and not already paid for under section 1631 or 1637. When finished, the clinic must fit its projected patient load, serve at least 500 eligible Indians a year, and be in a service area with at least 2,000 eligible Indians; the 500 and 2,000 rules do not apply to tribes whose government offices are on an island. Applications must be approved and promise ongoing funding, access for eligible Indians regardless of ability to pay, and, when possible without reducing services to eligible Indians, care to noneligible persons on a cost basis. The Secretary gives priority to tribes showing a real need and not enough current capacity. If a grant-funded clinic stops serving eligible Indians, ownership transfers to the United States.

Full Legal Text

Title 25, §1636

Indians, Source: USLM XML via OLRC

(a)Authorization
(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)Use of grant
(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)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, 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)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 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.

Legislative History

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.

Reference

Citations & Metadata

Citation

25 U.S.C. § 1636

Title 25, Indians

Last Updated

Sep 22, 2026

Release point: 119-110