
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC458aaa-11]

 
                            TITLE 25--INDIANS
 
                        CHAPTER 14--MISCELLANEOUS
 
    SUBCHAPTER II--INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
 
          Part E--Tribal Self-Governance--Indian Health Service
 
Sec. 458aaa-11. Facilitation


(a) Secretarial interpretation

    Except as otherwise provided by law, the Secretary shall interpret 
all Federal laws, Executive orders, and regulations in a manner that 
will facilitate--
        (1) the inclusion of programs, services, functions, and 
    activities (or portions thereof) and funds associated therewith, in 
    the agreements entered into under this section;
        (2) the implementation of compacts and funding agreements 
    entered into under this part; and
        (3) the achievement of tribal health goals and objectives.

(b) Regulation waiver

                           (1) In general

        An Indian tribe may submit a written request to waive 
    application of a regulation promulgated under section 458aaa-16 of 
    this title or the authorities specified in section 458aaa-4(b) of 
    this title for a compact or funding agreement entered into with the 
    Indian Health Service under this part, to the Secretary identifying 
    the applicable Federal regulation sought to be waived and the basis 
    for the request.

                            (2) Approval

        Not later than 90 days after receipt by the Secretary of a 
    written request by an Indian tribe to waive application of a 
    regulation for a compact or funding agreement entered into under 
    this part, the Secretary shall either approve or deny the requested 
    waiver in writing. A denial may be made only upon a specific finding 
    by the Secretary that identified language in the regulation may not 
    be waived because such waiver is prohibited by Federal law. A 
    failure to approve or deny a waiver request not later than 90 days 
    after receipt shall be deemed an approval of such request. The 
    Secretary's decision shall be final for the Department.

(c) Access to Federal property

    In connection with any compact or funding agreement executed 
pursuant to this part or an agreement negotiated under the Tribal Self-
Governance Demonstration Project established under title III,\1\ as in 
effect before August 18, 2000, upon the request of an Indian tribe, the 
Secretary--
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------
        (1) shall permit an Indian tribe to use existing school 
    buildings, hospitals, and other facilities and all equipment therein 
    or appertaining thereto and other personal property owned by the 
    Government within the Secretary's jurisdiction under such terms and 
    conditions as may be agreed upon by the Secretary and the Indian 
    tribe for their use and maintenance;
        (2) may donate to an Indian tribe title to any personal or real 
    property found to be excess to the needs of any agency of the 
    Department, or the General Services Administration, except that--
            (A) subject to the provisions of subparagraph (B), title to 
        property and equipment furnished by the Federal Government for 
        use in the performance of the compact or funding agreement or 
        purchased with funds under any compact or funding agreement 
        shall, unless otherwise requested by the Indian tribe, vest in 
        the appropriate Indian tribe;
            (B) if property described in subparagraph (A) has a value in 
        excess of $5,000 at the time of retrocession, withdrawal, or 
        reassumption, at the option of the Secretary upon the 
        retrocession, withdrawal, or reassumption, title to such 
        property and equipment shall revert to the Department of Health 
        and Human Services; and
            (C) all property referred to in subparagraph (A) shall 
        remain eligible for replacement, maintenance, and improvement on 
        the same basis as if title to such property were vested in the 
        United States; and

        (3) shall acquire excess or surplus Government personal or real 
    property for donation to an Indian tribe if the Secretary determines 
    the property is appropriate for use by the Indian tribe for any 
    purpose for which a compact or funding agreement is authorized under 
    this part.

(d) Matching or cost-participation requirement

    All funds provided under compacts, funding agreements, or grants 
made pursuant to this subchapter, shall be treated as non-Federal funds 
for purposes of meeting matching or cost participation requirements 
under any other Federal or non-Federal program.

(e) State facilitation

    States are hereby authorized and encouraged to enact legislation, 
and to enter into agreements with Indian tribes to facilitate and 
supplement the initiatives, programs, and policies authorized by this 
part and other Federal laws benefiting Indians and Indian tribes.

(f) Rules of construction

    Each provision of this part and each provision of a compact or 
funding agreement shall be liberally construed for the benefit of the 
Indian tribe participating in self-governance and any ambiguity shall be 
resolved in favor of the Indian tribe.

(Pub. L. 93-638, title V, Sec. 512, as added Pub. L. 106-260, Sec. 4, 
Aug. 18, 2000, 114 Stat. 726.)

                       References in Text

    Title III, referred to in subsec. (c), means title III of Pub. L. 
93-638, as added by Pub. L. 100-472, title II, Sec. 209, Oct. 5, 1988, 
102 Stat. 2296, and amended, which was set out as a note under section 
450f of this title prior to repeal by Pub. L. 106-260, Sec. 10, Aug. 18, 
2000, 114 Stat. 734.
