§ 1636. Grant program for construction, expansion, and modernization of small ambulatory care facilities

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. 1988

   Indian Health Care Improvement Act

   Pub. L. 94–437 title III § 306 · 90 Stat. 1400

   Enacted · 25 U.S.C. § 1636

   Pub. L. 94–437, title III, § 306, as added Pub. L. 100–713, title III, § 304, Nov. 23, 1988, 102 Stat. 4817

   Source evidence

   Code source credit
   Pub. L. 94–437, title III, § 306, as added Pub. L. 100–713, title III, § 304, Nov. 23, 1988, 102 Stat. 4817

2. 1992

   Indian Health Amendments of 1992

   Pub. L. 102–573 title III § 303 · 106 Stat. 4526

   1. Amended · 25 U.S.C. § 1636

      Pub. L. 102–573 amended section generally

   2. Substituted · 25 U.S.C. § 1636

      Pub. L. 102–573 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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   SEC. 303. AMBULATORY CARE FACILITIES GRANT PROGRAM. Section 306 of the Act (25 U.S.C. 1636) is amended to read as follows: “Sec. 306. (a) (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. “(b) (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 301 or section 307; 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) 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) (1) No grant may be made under this section unless an application for such a grant has been submitted to and approved Regulations. 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) 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.”.

2 of 3 references resolved to an enrolled provision · 1 partial