Page 485 TITLE 25—INDIANS § 1679

which such Indian is entitled at the expense of

such operator from such operator. Nothing in

this subsection shall affect the rights of such Indian to recover damages other than such costs

paid to the Service from the employer for such

illness or condition.

(Pub. L. 94–437, title VIII, §807, formerly title

VII, §707, as added Pub. L. 96–537, §8(b), Dec. 17,

1980, 94 Stat. 3179; amended Pub. L. 102–285,

§10(b), May 18, 1992, 106 Stat. 172; renumbered

title VIII, §807, and amended Pub. L. 102–573,

title VII, §701(a), (b), title VIII, §813(b), Oct. 29,

1992, 106 Stat. 4572, 4590.)

AMENDMENTS

1992—Subsec. (f). Pub. L. 102–573, §813(b), struck out

subsec. (f) which authorized appropriation of $300,000 to

carry out the study as provided in subsec. (a), such

amount to be expended by the date eighteen months

after Dec. 17, 1980.

CHANGE OF NAME

‘‘United States Bureau of Mines’’ substituted for

‘‘Bureau of Mines’’ in subsec. (d)(1) pursuant to section

10(b) of Pub. L. 102–285, set out as a note under section

1 of Title 30, Mineral Lands and Mining.

NUCLEAR RESOURCE DEVELOPMENT HEALTH HAZARDS;

STUDY AND REPORT

Pub. L. 100–713, title VII, §717, Nov. 23, 1988, 102 Stat.

4837, provided that:

‘‘(a) The Secretary of Health and Human Services

(acting through the Indian Health Service), the Secretary of the Interior (acting through the Bureau of Indian Affairs), and the Secretary of Energy shall jointly

conduct a study for the purpose of determining—

‘‘(1) the number of active nuclear resource development sites on Indian lands in the United States;

‘‘(2) the Federal agencies that carry out Federal responsibilities with respect to each such site;

‘‘(3) the health hazards that exist as a result of such

sites;

‘‘(4) the remedial actions which have been undertaken with respect to such health hazards;

‘‘(5) remedial actions that are needed with respect

to such health hazards; and

‘‘(6) the amount of funds that would be necessary

each year to implement and maintain such needed remedial actions and the date by which the remedial

actions would be implemented if sufficient funds were

to provide for the remedial actions.

‘‘(b) By no later than the date that is 2 years after

the date of enactment of this Act [Nov. 23, 1988], a report shall be submitted to the Congress describing the

findings and conclusions made as a result of carrying

out the study required in subsection (a).’’

§ 1678. Arizona as a contract health service delivery area

(a) Designation

For the fiscal years beginning with the fiscal

year ending September 30, 1982, and ending with

the fiscal year ending September 30, 2000, the

State of Arizona shall be designated as a contract health service delivery area by the Service

for the purpose of providing contract health care

services to members of federally recognized Indian tribes of Arizona.

(b) Curtailment of health services prohibited

The Service shall not curtail any health care

services provided to Indians residing on Federal

reservations in the State of Arizona if such curtailment is due to the provision of contract

services in such State pursuant to the designation of such State as a contract health service

delivery area pursuant to subsection (a) of this

section.

(Pub. L. 94–437, title VIII, §808, formerly title

VII, §708, as added Pub. L. 96–537, §8(b), Dec. 17,

1980, 94 Stat. 3181; amended Pub. L. 100–713, title

VII, §702, Nov. 23, 1988, 102 Stat. 4827; renumbered title VIII, §808, and amended Pub. L.

102–573, title VII, §701(a), (b), title VIII, §803,

Oct. 29, 1992, 106 Stat. 4572, 4585.)

AMENDMENTS

1992—Subsec. (a). Pub. L. 102–573, §803, substituted

‘‘2000’’ for ‘‘1991’’.

1988—Subsec. (a). Pub. L. 100–713, §702(a), substituted

‘‘1991’’ for ‘‘1984’’ and ‘‘members of federally recognized

Indian tribes of Arizona’’ for ‘‘Indians in such State’’.

Subsec. (c). Pub. L. 100–713, §702(b), struck out subsec.

(c) which authorized appropriations for fiscal years 1982

to 1984.

§ 1679. Eligibility of California Indians

(a) Report to Congress

(1) In order to provide the Congress with sufficient data to determine which Indians in the

State of California should be eligible for health

services provided by the Service, the Secretary

shall, by no later than the date that is 3 years

after November 23, 1988, prepare and submit to

the Congress a report which sets forth—

(A) a determination by the Secretary of the

number of Indians described in subsection

(b)(2) of this section, and the number of Indians described in subsection (b)(3) of this section, who are not members of an Indian tribe

recognized by the Federal Government,

(B) the geographic location of such Indians,

(C) the Indian tribes of which such Indians

are members,

(D) an assessment of the current health

status, and health care needs, of such Indians,

and

(E) an assessment of the actual availability

and accessibility of alternative resources for

the health care of such Indians that such Indians would have to rely on if the Service did

not provide for the health care of such Indians.

(2) The report required under paragraph (1)

shall be prepared by the Secretary—

(A) in consultation with the Secretary of the

Interior, and

(B) with the assistance of the tribal health

programs providing services to the Indians described in paragraph (2) or (3) of subsection (b)

of this section who are not members of any Indian tribe recognized by the Federal Government.

(b) Eligible Indians

Until such time as any subsequent law may

otherwise provide, the following California Indians shall be eligible for health services provided

by the Service:

(1) Any member of a federally recognized Indian tribe.

(2) Any descendant of an Indian who was residing in California on June 1, 1852, but only if

such descendant—

(A) is living in California,

(B) is a member of the Indian community

served by a local program of the Service, and