Page 491 TITLE 25—INDIANS § 1680k

1So in original. The semicolon probably should be a period.

without obtaining advance approval in appropriation Acts.

(Pub. L. 94–437, title VIII, §820, formerly title

VII, §720, as added Pub. L. 100–713, title VII, §716,

Nov. 23, 1988, 102 Stat. 4837; renumbered title

VIII, §820, and amended Pub. L. 102–573, title

VII, §701(a), (b), title VIII, §807, Oct. 29, 1992, 106

Stat. 4572, 4586.)

REFERENCES IN TEXT

The Indian Self-Determination Act, referred to in

text, is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat.

2206, as amended, which is classified principally to part

A (§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—Pub. L. 102–573, §807, amended section generally.

Prior to amendment, section read as follows:

‘‘(a) The Secretary, through the Service, shall make

grants to the Eight Northern Indian Pueblos Council,

San Juan Pueblo, New Mexico, for the purpose of providing substance abuse treatment services to Indians in

need of such services.

‘‘(b) There are authorized to be appropriated to carry

out this section $250,000 for each of the fiscal years 1990

and 1991.’’

§ 1680k. Home- and community-based care demonstration project

(a) Authority of Secretary

The Secretary, acting through the Service, is

authorized to enter into contracts with, or make

grants to, Indian tribes or tribal organizations

providing health care services pursuant to a

contract entered into under the Indian Self-Determination Act [25 U.S.C. 450f et seq.], to establish demonstration projects for the delivery of

home- and community-based services to functionally disabled Indians.

(b) Use of funds

(1) Funds provided for a demonstration project

under this section shall be used only for the delivery of home- and community-based services

(including transportation services) to functionally disabled Indians.

(2) Such funds may not be used—

(A) to make cash payments to functionally

disabled Indians;

(B) to provide room and board for functionally disabled Indians;

(C) for the construction or renovation of facilities or the purchase of medical equipment;

or

(D) for the provision of nursing facility services.

(c) Criteria for approval of applications

Not later than 180 days after October 29, 1992,

the Secretary, after consultation with Indian

tribes and tribal organizations, shall develop

and issue criteria for the approval of applications submitted under this section. Such criteria shall ensure that demonstration projects

established under this section promote the development of the capacity of tribes and tribal

organizations to deliver, or arrange for the delivery of, high quality, culturally appropriate

home- and community-based services to functionally disabled Indians; 1

(d) Assistance to applicants

The Secretary shall provide such technical

and other assistance as may be necessary to enable applicants to comply with the provisions of

this section.

(e) Services to ineligible persons

At the discretion of the tribe or tribal organization, services provided under a demonstration

project established under this section may be

provided (on a cost basis) to persons otherwise

ineligible for the health care benefits of the

Service.

(f) Maximum number of demonstration projects

The Secretary shall establish not more than 24

demonstration projects under this section. The

Secretary may not establish a greater number of

demonstration projects under this section in one

service area than in any other service area until

there is an equal number of such demonstration

projects established with respect to all service

areas from which the Secretary receives applications during the application period (as determined by the Secretary) which meet the criteria

issued pursuant to subsection (c) of this section.

(g) Report

The Secretary shall submit to the President,

for inclusion in the report which is required to

be submitted under section 1671 of this title for

fiscal year 1999, a report on the findings and conclusions derived from the demonstration

projects conducted under this section, together

with legislative recommendations.

(h) Definitions

For the purposes of this section, the following

definitions shall apply:

(1) The term ‘‘home- and community-based

services’’ means one or more of the following:

(A) Homemaker/home health aide services.

(B) Chore services.

(C) Personal care services.

(D) Nursing care services provided outside

of a nursing facility by, or under the supervision of, a registered nurse.

(E) Respite care.

(F) Training for family members in managing a functionally disabled individual.

(G) Adult day care.

(H) Such other home- and communitybased services as the Secretary may approve.

(2) The term ‘‘functionally disabled’’ means

an individual who is determined to require

home- and community-based services based on

an assessment that uses criteria (including, at

the discretion of the tribe or tribal organization, activities of daily living) developed by

the tribe or tribal organization.

(i) Authorization of appropriations

There are authorized to be appropriated for

each of the fiscal years 1996 through 2000 such

sums as may be necessary to carry out this section. Such sums shall remain available until expended.

(Pub. L. 94–437, title VIII, §821, as added Pub. L.

102–573, title VIII, §809, Oct. 29, 1992, 106 Stat.

4587; amended Pub. L. 104–313, §2(g), Oct. 19, 1996,

110 Stat. 3822.)
§ 1680l TITLE 25—INDIANS Page 492

REFERENCES IN TEXT

The Indian Self-Determination Act, referred to in

subsec. (a), is title I of Pub. L. 93–638, Jan. 4, 1975, 88

Stat. 2206, as amended, which is classified principally

to part A (§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

1996—Subsec. (i). Pub. L. 104–313 substituted ‘‘1996

through 2000’’ for ‘‘1993, 1994, 1995, 1996, and 1997’’.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1671, 1680o of

this title.

§ 1680l. Shared services demonstration project

(a) Authority of Secretary

The Secretary, acting through the Service and

notwithstanding any other provision of law, is

authorized to enter into contracts with Indian

tribes or tribal organizations to establish not

more than 6 shared services demonstration

projects for the delivery of long-term care to Indians. Such projects shall provide for the sharing of staff or other services between a Service

facility and a nursing facility owned and operated (directly or by contract) by such Indian

tribe or tribal organization.

(b) Contract requirements

A contract entered into pursuant to subsection (a) of this section—

(1) may, at the request of the Indian tribe or

tribal organization, delegate to such tribe or

tribal organization such powers of supervision

and control over Service employees as the Secretary deems necessary to carry out the purposes of this section;

(2) shall provide that expenses (including

salaries) relating to services that are shared

between the Service facility and the tribal facility be allocated proportionately between

the Service and the tribe or tribal organization; and

(3) may authorize such tribe or tribal organization to construct, renovate, or expand a

nursing facility (including the construction of

a facility attached to a Service facility), except that no funds appropriated for the Service shall be obligated or expended for such purpose.

(c) Eligibility

To be eligible for a contract under this section, a tribe or tribal organization, shall, as of

October 29, 1992—

(1) own and operate (directly or by contract)

a nursing facility;

(2) have entered into an agreement with a

consultant to develop a plan for meeting the

long-term needs of the tribe or tribal organization; or

(3) have adopted a tribal resolution providing for the construction of a nursing facility.

(d) Nursing facilities

Any nursing facility for which a contract is

entered into under this section shall meet the

requirements for nursing facilities under section

1396r of title 42.

(e) Assistance to applicants

The Secretary shall provide such technical

and other assistance as may be necessary to enable applicants to comply with the provisions of

this section.

(f) Report

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 on the findings and conclusions

derived from the demonstration projects conducted under this section.

(Pub. L. 94–437, title VIII, §822, as added Pub. L.

102–573, title VIII, §810, Oct. 29, 1992, 106 Stat.

4588.)

CODIFICATION

October 29, 1992, referred to in subsec. (c), was in the

original ‘‘the date of the enactment of this Act’’, which

was translated as meaning the date of enactment of

Pub. L. 102–573, which enacted this section, to reflect

the probable intent of Congress.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1671 of this title.

§ 1680m. Results of demonstration projects

The Secretary shall provide for the dissemination to Indian tribes of the findings and results

of demonstration projects conducted under this

chapter.

(Pub. L. 94–437, title VIII, §823, as added Pub. L.

102–573, title VIII, §811, Oct. 29, 1992, 106 Stat.

4589.)

§ 1680n. Priority for Indian reservations

(a) Facilities and projects

Beginning on October 29, 1992, the Bureau of

Indian Affairs and the Service shall, in all matters involving the reorganization or development of Service facilities, or in the establishment of related employment projects to address

unemployment conditions in economically depressed areas, give priority to locating such facilities and projects on Indian lands if requested

by the Indian tribe with jurisdiction over such

lands.

(b) ‘‘Indian lands’’ defined

For purposes of this section, the term ‘‘Indian

lands’’ means—

(1) all lands within the limits of any Indian

reservation; and

(2) any lands title which is held in trust by

the United States for the benefit of any Indian

tribe or individual Indian, or held by any Indian tribe or individual Indian subject to restriction by the United States against alienation and over which an Indian tribe exercises

governmental power.

(Pub. L. 94–437, title VIII, §824, as added Pub. L.

102–573, title VIII, §812, Oct. 29, 1992, 106 Stat.

4589.)

§ 1680o. Authorization of appropriations

Except as provided in section 1680k of this

title, there are authorized to be appropriated

such sums as may be necessary for each fiscal