25 U.S.C. § 1636 — Grant program for construction, expansion, and modernization of small ambulatory care facilities
submitted 38 years ago by Pub. L. 94-437 to r/title-25-INDIANS · 568 words · no verdicts yet
This section authorizes grants to tribes and tribal organizations for eligible ambulatory-care facilities. It sets facility, application, service, priority, and transfer requirements.
(a) Authorization. (1) Acting through the Service*, the Secretary* must give tribes and tribal organizations grants to construct, expand, or modernize facilities providing ambulatory care to eligible Indians and, as subsection (c)(1)(C) permits, noneligible people. A grant may cover up to 100% of those costs. Here, “construction” includes replacing an existing facility. (2) A grant may be given only to a tribe or tribal organization* operating an Indian health facility under an Indian Self-Determination Act contract, other than a facility owned or built by the Service, including one originally owned or built by the Service and later transferred to the tribe or organization.
(b) Use of grant. (1) A grant may be used only to construct, expand, or modernize, including planning and design, an ambulatory-care facility that (A) is separate from a hospital, (B) is not funded under section 1631 or 1637 of this title, and (C) when completed will have capacity appropriate for its projected service population; serve at least 500 eligible Indians each year; and provide care in the contract’s service area*, which must have at least 2,000 eligible Indians. (2) The 500-person and 2,000-person requirements do not apply if the applying tribe or organization’s government offices are on an island.
(c) Application. (1) No grant may be made unless the Secretary receives and approves an application in the form and manner set by regulation. The applicant must reasonably assure that, after the project is completed, (A) enough financial support will be available to provide services; (B) eligible Indians can use the facility regardless of ability to pay or payment source; and (C) when feasible without reducing the quality or amount of services for eligible Indians, the facility will serve noneligible people on a cost basis. (2) In awarding grants, the Secretary must prioritize tribes and organizations showing a need for more ambulatory care and insufficient capacity to provide it.
(d) Transfer to United States when facility stops being used. If a facility or part of one funded under this section stops, after completion, being used to provide ambulatory care to eligible Indians, all right, title, and interest in it transfers to the United States.
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.
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. 5321 et seq.].
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—
located apart from a hospital;
not funded under section 1631 of this title or section 1637 of this title; and
which, upon completion of such construction, expansion, or modernization will—
have a total capacity appropriate to its projected service population;
serve no less than 500 eligible Indians annually; and
provide ambulatory care in a service area* (specified in the contract entered into under the Indian Self-Determination Act [25 U.S.C. 5321 et seq.]) with a population of not less than 2,000 eligible Indians.
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.
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—
adequate financial support will be available for the provision of services at such facility;
such facility will be available to eligible Indians without regard to ability to pay or source of payment; and
such facility will, as feasible without diminishing the quality or quantity of services provided to eligible Indians, serve noneligible persons on a cost basis.
In awarding grants under this section, the Secretary shall give priority to tribes and tribal organizations that demonstrate—
a need for increased ambulatory care services; and
insufficient capacity to deliver such services.
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.
Source credit: (Pub. L. 94–437, title III, § 306, as added Pub. L. 100–713, title III, § 304, Nov. 23, 1988, 102 Stat. 4817; amended Pub. L. 102–573, title III, § 303, Oct. 29, 1992, 106 Stat. 4561.)
- 1988Enacted · Pub. L. 94-437 · 102 Stat. 4817
- 1992Amended · Pub. L. 102-573 · 106 Stat. 4561
A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-437 on 1988-11-23.
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