42 U.S.C. § 2004a — Sanitation facilities

(a) Powers of Surgeon General In carrying out his functions under this subchapter about the provision of sanitation facilities and services, the Surgeon General is authorized— (1) to construct, improve, extend, or otherwise provide and maintain, by contract or otherwise, essential sanitation facilities, including domestic and community water supplies and facilities, drainage facilities, and sewage- and waste-disposal facilities, together with necessary appurtenances and fixtures, for Indian homes, communities, and lands; (2) to acquire lands, or rights or interests in it, including sites, rights-of-way, and easements, and to acquire rights to the use of water, by purchase, lease, gift, exchange, or otherwise, when necessary for the purposes of this section, except that no lands or rights or interests in it may be acquired from an Indian tribe, band, group, community, or person other than by gift or for nominal consideration, if the facility for which such lands or rights or interests in it are acquired is for the exclusive benefit of such tribe, band, group, community, or person, respectively; (3) to make such arrangements and agreements with appropriate public authorities and nonprofit organizations or agencies and with the Indians to be served by such sanitation facilities (and any other person so served) about contributions toward the construction, improvement, extension and provision of it, and responsibilities for maintenance of it, as in his judgment are equitable and will best assure the future maintenance of facilities in an effective and operating condition; and (4) to transfer any facilities provided under this section, together with appurtenant interests in land, with or without a money consideration, and under that terms and conditions as in his judgment are appropriate, having regard to the contributions made and the maintenance responsibilities undertaken, and the special health needs of the Indians concerned, to any State^* or Territory or subdivision or public authority of it, or to any Indian tribe, group, band, or community or, if domestic appurtenances and fixtures, to any one or more of the occupants of the Indian home served thereby. (b) Transfer and reversion of lands The Secretary^* of the Interior may transfer to the Surgeon General for use in carrying out the purposes of this section such interest and rights in federally owned lands under the jurisdiction of the Department of the Interior, and in Indian-owned lands that either are held by the United States in trust for Indians or are subject to a restriction against alienation imposed by the United States, including appurtenances and improvements thereto, as may be requested by the Surgeon General. Any land or interest in it, including appurtenances and improvements to such land, so transferred must be subject to disposition by the Surgeon General under paragraph (4) of subsection (a): Provided , That, in any case where a beneficial interest in such land is in any Indian, or Indian tribe, band, or group, the consent of such beneficial owner^* to any such transfer or disposition must first be obtained: Provided further , That where deemed appropriate by the Secretary of the Interior provisions must be made for a reversion of title to such land if it ceases to be used for the purpose for which it is transferred or disposed. (c) Project^* consultation and participation The Surgeon General must consult with, and encourage the participation of, the Indians concerned, States and political subdivisions of it, in carrying out the provisions of this section.