
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC1631]

 
                            TITLE 25--INDIANS
 
                     CHAPTER 18--INDIAN HEALTH CARE
 
                    SUBCHAPTER III--HEALTH FACILITIES
 
Sec. 1631. Consultation; closure of facilities; reports


(a) Consultation; standards for accreditation

    Prior to the expenditure of, or the making of any firm commitment to 
expend, any funds appropriated for the planning, design, construction, 
or renovation of facilities pursuant to section 13 of this title, the 
Secretary, acting through the Service, shall--
        (1) consult with any Indian tribe that would be significantly 
    affected by such expenditure for the purpose of determining and, 
    whenever practicable, honoring tribal preferences concerning size, 
    location, type, and other characteristics of any facility on which 
    such expenditure is to be made, and
        (2) ensure, whenever practicable, that such facility meets the 
    standards of the Joint Commission on Accreditation of Health Care 
    Organizations by not later than 1 year after the date on which the 
    construction or renovation of such facility is completed.

(b) Closure; report on proposed closure

    (1) Notwithstanding any provision of law other than this subsection, 
no Service hospital or outpatient health care facility of the Service, 
or any portion of such a hospital or facility, may be closed if the 
Secretary has not submitted to the Congress at least 1 year prior to the 
date such hospital or facility (or portion thereof) is proposed to be 
closed an evaluation of the impact of such proposed closure which 
specifies, in addition to other considerations--
        (A) the accessibility of alternative health care resources for 
    the population served by such hospital or facility;
        (B) the cost effectiveness of such closure;
        (C) the quality of health care to be provided to the population 
    served by such hospital or facility after such closure;
        (D) the availability of contract health care funds to maintain 
    existing levels of service;
        (E) the views of the Indian tribes served by such hospital or 
    facility concerning such closure;
        (F) the level of utilization of such hospital or facility by all 
    eligible Indians; and
        (G) the distance between such hospital or facility and the 
    nearest operating Service hospital.

    (2) Paragraph (1) shall not apply to any temporary closure of a 
facility or of any portion of a facility if such closure is necessary 
for medical, environmental, or safety reasons.

(c) Annual report on health facility priority system

    (1) The Secretary shall submit to the President, for inclusion in 
each report required to be transmitted to the Congress under section 
1671 of this title, a report which sets forth--
        (A) the current health facility priority system of the Service,
        (B) the planning, design, construction, and renovation needs for 
    the 10 top-priority inpatient care facilities and the 10 top-
    priority ambulatory care facilities (together with required staff 
    quarters),
        (C) the justification for such order of priority,
        (D) the projected cost of such projects, and
        (E) the methodology adopted by the Service in establishing 
    priorities under its health facility priority system.

    (2) In preparing each report required under paragraph (1) (other 
than the initial report), the Secretary shall--
        (A) consult with Indian tribes and tribal organizations 
    including those tribes or tribal organizations operating health 
    programs or facilities under any contract entered into with the 
    Service under the Indian Self-Determination Act [25 U.S.C. 450f et 
    seq.], and
        (B) review the needs of such tribes and tribal organizations for 
    inpatient and outpatient facilities, including their needs for 
    renovation and expansion of existing facilities.

    (3) For purposes of this subsection, the Secretary shall, in 
evaluating the needs of facilities operated under any contract entered 
into with the Service under the Indian Self-Determination Act, use the 
same criteria that the Secretary uses in evaluating the needs of 
facilities operated directly by the Service.
    (4) The Secretary shall ensure that the planning, design, 
construction, and renovation needs of Service and non-Service facilities 
which are the subject of a contract for health services entered into 
with the Service under the Indian Self-Determination Act are fully and 
equitably integrated into the development of the health facility 
priority system.

(d) Funds appropriated subject to section 450f of this title

    All funds appropriated under section 13 of this title for the 
planning, design, construction, or renovation of health facilities for 
the benefit of an Indian tribe or tribes shall be subject to the 
provisions of section 102 of the Indian Self-Determination Act [25 
U.S.C. 450f].

(Pub. L. 94-437, title III, Sec. 301, Sept. 30, 1976, 90 Stat. 1406; 
Pub. L. 100-713, title III, Sec. 301, Nov. 23, 1988, 102 Stat. 4812; 
Pub. L. 102-573, title III, Sec. 301, title IX, Sec. 902(4)(B), Oct. 29, 
1992, 106 Stat. 4560, 4591.)

                       References in Text

    The Indian Self-Determination Act, referred to in subsec. (c)(2) to 
(4), is title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2206, as 
amended, which is classified principally to part A (Sec. 450f et seq.) 
of subchapter II of chapter 14 of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 450 of this title and Tables.


                               Amendments

    1992--Subsec. (a)(2). Pub. L. 102-573, Sec. 301(1), substituted 
``Health Care Organizations'' for ``Hospitals''.
    Subsec. (b)(1). Pub. L. 102-573, Sec. 301(2), struck out ``other'' 
before ``outpatient health care facility'' in introductory provisions 
and added subpars. (F) and (G).
    Subsec. (c). Pub. L. 102-573, Sec. 301(3), redesignated subsec. (d) 
as (c) and struck out former subsec. (c) which read as follows: ``The 
President shall include with the budget submitted under section 1105 of 
title 31, for each of the fiscal years 1990, 1991, and 1992, program 
information documents for the construction of 10 Indian health 
facilities which--
        ``(1) comply with applicable construction standards, and
        ``(2) have been approved by the Secretary.''
    Subsec. (c)(1). Pub. L. 102-573, Sec. 301(4), amended introductory 
provisions generally. Prior to amendment, introductory provisions read 
as follows: ``The Secretary shall submit to the Congress an annual 
report which sets forth--''.
    Subsec. (c)(2) to (5). Pub. L. 102-573, Sec. 301(5), redesignated 
pars. (3) to (5) as (2) to (4), respectively, and struck out former par. 
(2) which read as follows: ``The first report required under paragraph 
(1) shall be submitted by no later than the date that is 180 days after 
November 23, 1988, and, beginning in 1990, each subsequent annual report 
shall be submitted by the date that is 60 days after the date on which 
the President submits the budget to the Congress under section 1105 of 
title 31.''
    Subsecs. (d), (e). Pub. L. 102-573, Secs. 301(3), 902(4)(B), 
redesignated subsec. (e) as (d) and substituted ``section 102 of the 
Indian Self-Determination Act'' for ``sections 102 and 103(b) of the 
Indian Self-Determination Act''. Former subsec. (d) redesignated (c).
    1988--Pub. L. 100-713 amended section generally, substituting 
subsecs. (a) to (e) relating to consultation, closure of facilities, and 
reports for former subsecs. (a) to (c) relating to construction and 
renovation of Service facilities.

                  Section Referred to in Other Sections

    This section is referred to in sections 1633, 1636, 1671 of this 
title.
