§ 1636. — Grant program for construction, expansion, and modernization of small ambulatory care facilities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1636]
TITLE 25--INDIANS
CHAPTER 18--INDIAN HEALTH CARE
SUBCHAPTER III--HEALTH FACILITIES
Sec. 1636. Grant program for construction, expansion, and
modernization of small ambulatory care facilities
(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) of this section). 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. 450f 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. 450f 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.
(Pub. L. 94-437, title III, Sec. 306, as added Pub. L. 100-713, title
III, Sec. 304, Nov. 23, 1988, 102 Stat. 4817; amended Pub. L. 102-573,
title III, Sec. 303, Oct. 29, 1992, 106 Stat. 4561.)
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, 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
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.
