25 U.S.C. § 5392 — Facilitation

(a) Secretarial interpretation. Unless another law says otherwise, the Secretary^* must interpret Federal laws, Executive orders, and regulations to facilitate: (1) putting programs, services, functions, activities, or parts of them, and their funds, into agreements under this section; (2) carrying out compacts and funding agreements under this subchapter; and (3) meeting tribal health goals and objectives.

(b) Regulation waiver. (1) An Indian tribe^* may ask the Secretary in writing to waive a regulation issued under section 5397 or an authority listed in section 5385(b), for an Indian Health Service compact or funding agreement under this subchapter. The request must identify the regulation and explain the basis for the request. (2) Within 90 days, the Secretary must approve or deny the request in writing. The Secretary may deny it only by specifically finding that identified language cannot be waived because Federal law forbids the waiver. If the Secretary does neither within 90 days, the request is deemed approved. The Secretary’s decision is final for the Department.

(c) Access to Federal property. For a compact or funding agreement under this subchapter, or an agreement under the former Tribal Self-Governance^* Demonstration Project, the Secretary, when an Indian tribe asks: (1) must allow the tribe to use existing schools, hospitals, other facilities, their equipment, and other Government personal property under terms agreed by the Secretary and tribe for use and maintenance; (2) may donate to the tribe excess Department or General Services Administration personal or real property. (A) Unless the tribe asks otherwise, title to property or equipment supplied by the Government for the agreement or bought with agreement funds goes to the appropriate tribe, subject to (B). (B) If that property was worth more than $5,000 when the tribe retrocedes, withdraws, or the Secretary reassumes the program, the Secretary may make title revert to the Department of Health and Human Services. (C) The property remains eligible for replacement, maintenance, and improvement as if the United States held title; and (3) must acquire excess or surplus Government personal or real property for donation to the tribe if the Secretary finds it suitable for an authorized compact or funding-agreement purpose.

(d) Matching or cost participation. Funds provided under compacts, funding agreements, or grants under this chapter count as non-Federal funds for matching or cost-sharing requirements of another Federal or non-Federal program.

(e) State facilitation. States are authorized and encouraged to pass laws and make agreements with tribes to facilitate and supplement initiatives, programs, and policies authorized by this subchapter and other Federal laws benefiting Indians and tribes.

(f) Rules of construction. Each provision of this subchapter and each compact or funding agreement must be read broadly for the benefit of the participating tribe. Any ambiguity must be resolved in the tribe’s favor.