25 U.S.C. § 1638f | Indian country modular component facilities demonstration program

(a)

Definition of modular component health care facility

In this section, the term “modular component health care facility” means a health care facility that is constructed—

(1)

off-site using prefabricated component units for subsequent transport to the destination location; and

(2)

1 So in original.

2 So in original. Probably should be “provision of a health care facility”.

represents  a more economical method for provision of health care facility  than a traditionally constructed health care building.

(b)

Establishment

The Secretary, acting through the Service, shall establish a demonstration program under which the Secretary shall award no less than 3 grants for purchase, installation and maintenance of modular component health care facilities in Indian communities for provision of health care services.

(c)

Selection of locations

(1)

Petitions

(A)

Solicitation

The Secretary shall solicit from Indian tribes petitions for location of the modular component health care facilities in the Service areas of the petitioning Indian tribes.

(B)

Petition

To be eligible to receive a grant under this section, an Indian tribe or tribal organization must submit to the Secretary a petition to construct a modular component health care facility in the Indian community of the Indian tribe, at such time, in such manner, and containing such information as the Secretary may require.

(2)

Selection

In selecting the location of each modular component health care facility to be provided under the demonstration program, the Secretary shall give priority to projects already on the Indian Health Service facilities construction priority list and petitions which demonstrate that erection of a modular component health facility—

(A)

is more economical than construction of a traditionally constructed health care facility;

(B)

can be constructed and erected on the selected location in less time than traditional construction; and

(C)

can adequately house the health care services needed by the Indian population to be served.

(3)

Effect of selection

May 7, 2009A modular component health care facility project selected for participation in the demonstration program shall not be eligible for entry on the facilities construction priorities list entitled “IHS Health Care Facilities FY 2011 Planned Construction Budget” and dated (or any successor list).

(d)

Eligibility

(1)

In general

25 U.S.C. 450 3

3 See References in Text note below.

An Indian tribe may submit a petition under subsection (c)(1)(B) regardless of whether the Indian tribe is a party to any contract or compact under the Indian Self-Determination and Education Assistance Act ( et seq.).

(2)

Administration

At the election of an Indian tribe or tribal organization selected for participation in the demonstration program, the funds provided for the project shall be subject to the provisions of the Indian Self-Determination and Education Assistance Act.

(e)

Reports

Not later than 1 year after the date on which funds are made available for the demonstration program and annually thereafter, the Secretary shall submit to Congress a report describing—

(1)

each activity carried out under the demonstration program, including an evaluation of the success of the activity; and

(2)

the potential benefits of increased use of modular component health care facilities in other Indian communities.

(f)

Authorization of appropriations

There are authorized to be appropriated $50,000,000 to carry out the demonstration program under this section for the first 5 fiscal years, and such sums as may be necessary to carry out the program in subsequent fiscal years.

Pub. L. 94–437, title III, § 312 Pub. L. 111–148, title X, § 10221(a)Mar. 23, 2010124 Stat. 935(, as added , , .)

Editorial Notes

References in Text

25 U.S.C. 450 Pub. L. 93–638Jan. 4, 197588 Stat. 2203 section 5301 of this titleThe Indian Self-Determination and Education Assistance Act ( et seq.), referred to in subsec. (d), is , , , which was classified principally to subchapter II (§ 450 et seq.) of chapter 14 of this title prior to editorial reclassification as chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Codification

Section 312 of Pub. L. 94–437 section 10221(a) of Pub. L. 111–148 is based on section 146 of title I of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was enacted into law by .