§ 1676 TITLE 25—INDIANS Page 484

§ 1676. Limitation on use of funds appropriated

to Indian Health Service

Any limitation on the use of funds contained

in an Act providing appropriations for the Department of Health and Human Services for a

period with respect to the performance of abortions shall apply for that period with respect to

the performance of abortions using funds contained in an Act providing appropriations for

the Indian Health Service.

(Pub. L. 94–437, title VIII, §806, formerly title

VII, §706, as added Pub. L. 96–537, §8(b), Dec. 17,

1980, 94 Stat. 3179; amended Pub. L. 100–713, title

VII, §718, Nov. 23, 1988, 102 Stat. 4837; renumbered title VIII, §806, Pub. L. 102–573, title VII,

§701(a), (b), Oct. 29, 1992, 106 Stat. 4572.)

AMENDMENTS

1988—Pub. L. 100–713 inserted section catchline and

amended text generally. Prior to amendment, text read

as follows: ‘‘Within one year from December 17, 1980,

the Secretary shall submit to the Congress a resource

allocation plan. Such plan shall explain the future allocation of services and funds among the service population of the Service and shall provide a schedule for

reducing deficiencies in resources of tribes and nontribal specific entities.’’

§ 1677. Nuclear resource development health hazards

(a) Study

The Secretary and the Service shall conduct,

in conjunction with other appropriate Federal

agencies and in consultation with concerned Indian tribes and organizations, a study of the

health hazards to Indian miners and Indians on

or near Indian reservations and in Indian communities as a result of nuclear resource development. Such study shall include—

(1) an evaluation of the nature and extent of

nuclear resource development related health

problems currently exhibited among Indians

and the causes of such health problems;

(2) an analysis of the potential effect of ongoing and future nuclear resource development on or near Indian reservations and communities;

(3) an evaluation of the types and nature of

activities, practices, and conditions causing or

affecting such health problems, including uranium mining and milling, uranium mine tailing deposits, nuclear powerplant operation and

construction, and nuclear waste disposal;

(4) a summary of any findings and recommendations provided in Federal and State

studies, reports, investigations, and inspections during the five years prior to December

17, 1980, that directly or indirectly relate to

the activities, practices, and conditions affecting the health or safety of such Indians; and

(5) the efforts that have been made by Federal and State agencies and mining and milling companies to effectively carry out an education program for such Indians regarding the

health and safety hazards of such nuclear resource development.

(b) Health care plan; development

Upon completion of such study the Secretary

and the Service shall take into account the results of such study and develop a health care

plan to address the health problems studied

under subsection (a) of this section. The plan

shall include—

(1) methods for diagnosing and treating Indians currently exhibiting such health problems;

(2) preventive care for Indians who may be

exposed to such health hazards, including the

monitoring of the health of individuals who

have or may have been exposed to excessive

amounts of radiation, or affected by other nuclear development activities that have had or

could have a serious impact upon the health of

such individuals; and

(3) a program of education for Indians who,

by reason of their work or geographic proximity to such nuclear development activities,

may experience health problems.

(c) Reports to Congress

The Secretary and the Service shall submit to

Congress the study prepared under subsection

(a) of this section no later than the date eighteen months after December 17, 1980. The health

care plan prepared under subsection (b) of this

section shall be submitted in a report no later

than the date one year after the date that the

study prepared under subsection (a) of this section is submitted to Congress. Such report shall

include recommended activities for the implementation of the plan, as well as an evaluation

of any activities previously undertaken by the

Service to address such health problems.

(d) Intergovernmental Task Force; establishment

and functions

(1) There is established an Intergovernmental

Task Force to be composed of the following individuals (or their designees): the Secretary of Energy, the Administrator of the Environmental

Protection Agency, the Director of the United

States Bureau of Mines, the Assistant Secretary

for Occupational Safety and Health, and the

Secretary of the Interior.

(2) The Task Force shall identify existing and

potential operations related to nuclear resource

development that affect or may affect the

health of Indians on or near an Indian reservation or in an Indian community and enter into

activities to correct existing health hazards and

insure that current and future health problems

resulting from nuclear resource development activities are minimized or reduced.

(3) The Secretary shall be Chairman of the

Task Force. The Task Force shall meet at least

twice each year. Each member of the Task Force

shall furnish necessary assistance to the Task

Force.

(e) Medical care

In the case of any Indian who—

(1) as a result of employment in or near a

uranium mine or mill, suffers from a work related illness or condition;

(2) is eligible to receive diagnosis and treatment services from a Service facility; and

(3) by reason of such Indian’s employment, is

entitled to medical care at the expense of such

mine or mill operator;

the Service shall, at the request of such Indian,

render appropriate medical care to such Indian

for such illness or condition and may recover

the costs of any medical care so rendered to