Title 25IndiansRelease 119-73not60

§1638e Other Funding, Equipment, and Supplies for Facilities

Title 25 › Chapter 18— INDIAN HEALTH CARE › Subchapter III— HEALTH FACILITIES › § 1638e

Last updated Apr 5, 2026|Official source

Summary

Federal agency heads can give money, equipment, or supplies they have for building or running health care or sanitation facilities to the Secretary. The Secretary can accept these transfers and use them to plan, design, build, or run health care or sanitation facilities so the items are used for both the chapter’s goals and the original purpose they were provided for. The Secretary can also accept help from any source, including Federal or State agencies, and can use those items to support Indian health care, including under a contract or compact under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.). Getting these funds does not change any priority set under section 1631. The Secretary can make agreements with other agencies or groups to get or share funds, equipment, or supplies to support Indian health programs for the chapter’s purposes and for the purposes originally intended for the funds. The Secretary must make rules for how to plan, design, build, and run these facilities. Other Department rules that apply must still be followed for projects that use transferred funds. A “sanitation facility” means a safe water system, a sanitary sewage system, or a sanitary solid waste system, including the related equipment and support infrastructure.

Full Legal Text

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).

Legislative History

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.

Reference

Citations & Metadata

Citation

25 U.S.C. § 1638e

Title 25Indians

Last Updated

Apr 5, 2026

Release point: 119-73not60