§ 1634. Expenditure of non-Service funds for renovation

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   Indian Health Care Improvement Act

   Pub. L. 94–437 title III § 305 · 90 Stat. 1400

   Enacted · 25 U.S.C. § 1634

   Pub. L. 94–437, title III, § 305, as added Pub. L. 96–537, § 5, Dec. 17, 1980, 94 Stat. 3175

   Source evidence

   Code source credit
   Pub. L. 94–437, title III, § 305, as added Pub. L. 96–537, § 5, Dec. 17, 1980, 94 Stat. 3175

2. 1988

   Indian Health Care Amendments of 1988

   Pub. L. 100–713 title III § 303(a) · 102 Stat. 4784

   1. Amended · 25 U.S.C. § 1634

      Pub. L. 100–713 amended section generally

   2. Substituted · 25 U.S.C. § 1634

      Pub. L. 100–713 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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (a) Section 305 (25 U.S.C. 1634) is amended to read as follows: “Sec. 305. “expenditure of non-service funds for renovation (a) 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, including— “(1) any plans or designs for such renovation or modernization, and “(2) any renovation or modernization for which funds appropriated under any Federal law were lawfully expended, but only if the requirements of subsection (b) are met. “(b) The requirements of this subsection are met with respect to any renovation or modernization if the renovation or modernization— “(1) does not require or obligate the Secretary to provide any additional employees or equipment, “(2) is approved by the appropriate area director of the Service, and “(3) is administered by the Indian tribe in accordance with the rules and regulations prescribed by the Secretary with respect to construction or renovation of Service facilities. “(c) A renovation or modernization shall not be authorized by this section if such renovation or modernization would require the diversion of funds appropriated to the Service from any project which has a higher priority under the health facility priority system of the Service. “(d) 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.”.

3. 1992

   Indian Health Amendments of 1992

   Pub. L. 102–573 title III § 305 · 106 Stat. 4526

   1. Amended · 25 U.S.C. § 1634

      Pub. L. 102–573 amended section generally

   2. Substituted · 25 U.S.C. § 1634

      Pub. L. 102–573 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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   SEC. 305. EXPENDITURE OF NONSERVICE FUNDS FOR RENOVATION. Section 305 of the Act (25 U.S.C. 1634) is amended to read as follows: “Sec. 305. (a) “(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, 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) 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 Reports. in each report required to be transmitted to the Congress under section 801, the priority list maintained pursuant to paragraph (2). “(b) 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) 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.”.

4 of 5 references resolved to an enrolled provision · 1 partial