
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2004a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
           CHAPTER 22--INDIAN HOSPITALS AND HEALTH FACILITIES
 
                 SUBCHAPTER I--MAINTENANCE AND OPERATION
 
Sec. 2004a. Sanitation facilities


(a) Powers of Surgeon General

    In carrying out his functions under this subchapter with respect to 
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 therein, 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 therein may be acquired from an Indian tribe, 
    band, group, community, or individual other than by gift or for 
    nominal consideration, if the facility for which such lands or 
    rights or interests therein are acquired is for the exclusive 
    benefit of such tribe, band, group, community, or individual, 
    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) regarding contributions toward the 
    construction, improvement, extension and provision thereof, and 
    responsibilities for maintenance thereof, 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 such 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 thereof, or to any Indian tribe, 
    group, band, or community or, in the case of 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 is authorized to 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 therein, including appurtenances 
and improvements to such land, so transferred shall be subject to 
disposition by the Surgeon General in accordance with paragraph (4) of 
subsection (a) of this section: 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 shall first be obtained: Provided further, That 
where deemed appropriate by the Secretary of the Interior provisions 
shall 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 shall consult with, and encourage the 
participation of, the Indians concerned, States and political 
subdivisions thereof, in carrying out the provisions of this section.

(Aug. 5, 1954, ch. 658, Sec. 7, as added Pub. L. 86-121, Sec. 1, July 
31, 1959, 73 Stat. 267.)

                          Transfer of Functions

    Office of Surgeon General abolished by section 3 of Reorg. Plan No. 
3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and 
functions thereof transferred to Secretary of Health, Education, and 
Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note 
under section 202 of this title. Secretary of Health, Education, and 
Welfare redesignated Secretary of Health and Human Services by section 
509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 
20, Education.

                  Section Referred to in Other Sections

    This section is referred to in title 25 sections 1632, 3905, 3908.
