§ 1634. — Expenditure of nonService funds for renovation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1634]
TITLE 25--INDIANS
CHAPTER 18--INDIAN HEALTH CARE
SUBCHAPTER III--HEALTH FACILITIES
Sec. 1634. Expenditure of non-Service funds for renovation
(a) Authority of Secretary
(1) Notwithstanding any other provision of law, the Secretary is
authorized to accept any major renovation or modernization by any Indian
tribe of any Service facility, or of any other Indian health facility
operated pursuant to a contract entered into under the Indian Self-
Determination Act [25 U.S.C. 450f et seq.], including--
(A) any plans or designs for such renovation or modernization;
and
(B) any renovation or modernization for which funds appropriated
under any Federal law were lawfully expended,
but only if the requirements of subsection (b) of this section are met.
(2) The Secretary shall maintain a separate priority list to address
the needs of such facilities for personnel or equipment.
(3) The Secretary shall submit to the President, for inclusion in
each report required to be transmitted to the Congress under section
1671 of this title, the priority list maintained pursuant to paragraph
(2).
(b) Requirements
The requirements of this subsection are met with respect to any
renovation or modernization if--
(1) the tribe or tribal organization--
(A) provides notice to the Secretary of its intent to
renovate or modernize; and
(B) applies to the Secretary to be placed on a separate
priority list to address the needs of such new facilities for
personnel or equipment; and
(2) the renovation or modernization--
(A) is approved by the appropriate area director of the
Service; and
(B) is administered by the tribe in accordance with the
rules and regulations prescribed by the Secretary with respect
to construction or renovation of Service facilities.
(c) Recovery for non-use as Service facility
If any Service facility which has been renovated or modernized by an
Indian tribe under this section ceases to be used as a Service facility
during the 20-year period beginning on the date such renovation or
modernization is completed, such Indian tribe shall be entitled to
recover from the United States an amount which bears the same ratio to
the value of such facility at the time of such cessation as the value of
such renovation or modernization (less the total amount of any funds
provided specifically for such facility under any Federal program that
were expended for such renovation or modernization) bore to the value of
such facility at the time of the completion of such renovation or
modernization.
(Pub. L. 94-437, title III, Sec. 305, as added Pub. L. 96-537, Sec. 5,
Dec. 17, 1980, 94 Stat. 3175; amended Pub. L. 100-713, title III,
Sec. 303(a), Nov. 23, 1988, 102 Stat. 4816; Pub. L. 102-573, title III,
Sec. 305, Oct. 29, 1992, 106 Stat. 4563.)
References in Text
The Indian Self-Determination Act, referred to in subsec. (a)(1), is
title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2206, as amended,
which is classified principally to part A (Sec. 450f et seq.) of
subchapter II of chapter 14 of this title. For complete classification
of this Act to the Code, see Short Title note set out under section 450
of this title and Tables.
Amendments
1992--Pub. L. 102-573 amended section generally, substituting
present provisions for former provisions which related to: in subsec.
(a), authority of Secretary; in subsec. (b), requirements; in subsec.
(c), higher priority project; and in subsec. (d), recovery for non-use
as Service facility.
1988--Pub. L. 100-713 amended section generally, substituting
``Expenditure of non-Service funds for renovation'' for ``Authorization
of appropriations'' in section catchline and subsecs. (a) to (d) for
former single unlettered par.
Section Referred to in Other Sections
This section is referred to in section 1671 of this title.
