§ 1680i TITLE 25—INDIANS Page 490

1So in original. The words ‘‘, shall be recoverable’’ probably

should not appear.

istrative systems under the demonstration

project established under subsection (a) of this

section, but only if such waiver does not diminish or endanger the delivery of health care services to Indians.

(d) Termination; evaluation and report

(1) The demonstration project established

under subsection (a) of this section shall terminate on September 30, 1993, or, in the case of a

demonstration project for which a grant is made

after September 30, 1990, three years after the

date on which such grant is made.

(2) By no later than September 30, 1996, the

Secretary shall evaluate the performance of

each Indian tribe that has participated in a demonstration project established under subsection

(a) of this section and shall submit to the Congress a report on such evaluations and demonstration projects.

(e) Joint venture demonstration projects

(1) The Secretary, acting through the Service,

shall make arrangements with Indian tribes to

establish joint venture demonstration projects

under which an Indian tribe shall expend tribal,

private, or other available nontribal funds, for

the acquisition or construction of a health facility for a minimum of 20 years, under a no-cost

lease, in exchange for agreement by the Service

to provide the equipment, supplies, and staffing

for the operation and maintenance of such a

health facility. A tribe may utilize tribal funds,

private sector, or other available resources, including loan guarantees, to fulfill its commitment under this subsection.

(2) The Secretary shall make such an arrangement with an Indian tribe only if the Secretary

first determines that the Indian tribe has the

administrative and financial capabilities necessary to complete the timely acquisition or

construction of the health facility described in

paragraph (1).

(3) An Indian tribe or tribal organization that

has entered into a written agreement with the

Secretary under this subsection, and that

breaches or terminates without cause such

agreement, shall be liable to the United States

for the amount that has been paid to the tribe,

or paid to a third party on the tribe’s behalf,

under the agreement. The Secretary has the

right to recover tangible property (including

supplies), and equipment, less depreciation, and

any funds expended for operations and maintenance under this section. The preceding sentence does not apply to any funds expended for

the delivery of health care services, or for personnel or staffing, shall be recoverable.1

(Pub. L. 94–437, title VIII, §818, formerly title

VII, §718, as added Pub. L. 100–713, title VII, §713,

Nov. 23, 1988, 102 Stat. 4833; renumbered title

VIII, §818, and amended Pub. L. 102–573, title

VII, §701(a), (b), title VIII, §808, Oct. 29, 1992, 106

Stat. 4572, 4586.)

REFERENCES IN TEXT

The Public Health Service Act, referred to in subsec.

(b), is act July 1, 1944, ch. 373, 58 Stat. 682, as amended.

Part A of title XIX of the Public Health Service Act is

classified generally to part A (§300w et seq.) of subchapter XVII of chapter 6A of Title 42, The Public

Health and Welfare. For complete classification of this

Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables.

AMENDMENTS

1992—Subsec. (d)(1). Pub. L. 102–573, §808(1)(A), inserted before period at end ‘‘, or, in the case of a demonstration project for which a grant is made after September 30, 1990, three years after the date on which

such grant is made’’.

Subsec. (d)(2). Pub. L. 102–573, §808(1)(B), substituted

‘‘1996’’ for ‘‘1994’’.

Subsec. (e). Pub. L. 102–573, §808(2), amended subsec.

(e) generally. Prior to amendment, subsec. (e) read as

follows: ‘‘There are authorized to be appropriated such

sums as may be necessary to carry out the purposes of

this section.’’

§ 1680i. Child sexual abuse treatment programs

(a) Continuation of existing demonstration programs

The Secretary and the Secretary of the Interior shall, for each fiscal year through fiscal

year 1995, continue the demonstration programs

involving treatment for child sexual abuse provided through the Hopi Tribe and the Assiniboine and Sioux Tribes of the Fort Peck Reservation.

(b) Establishment of new demonstration programs

Beginning October 1, 1995, the Secretary and

the Secretary of the Interior may establish, in

any service area, demonstration programs involving treatment for child sexual abuse, except

that the Secretaries may not establish a greater

number of such programs in one service area

than in any other service area until there is an

equal number of such programs established with

respect to all service areas from which the Secretary receives qualified applications during the

application period (as determined by the Secretary).

(Pub. L. 94–437, title VIII, §819, formerly title

VII, §719, as added Pub. L. 100–713, title VII, §715,

Nov. 23, 1988, 102 Stat. 4836; renumbered title

VIII, §819, and amended Pub. L. 102–573, title

VII, §701(a), (b), title VIII, §806, Oct. 29, 1992, 106

Stat. 4572, 4586.)

AMENDMENTS

1992—Pub. L. 102–573, §806, amended section generally.

Prior to amendment, section read as follows:

‘‘(a) The Secretary and the Secretary of the Interior

shall, for each of the fiscal years 1989, 1990, and 1991,

continue to provide through the Hopi Tribe and the

Asiniboine and Sioux Tribes of the Fort Peck Reservation the demonstration programs involving treatment

for child sexual abuse that were conducted during fiscal

year 1988 through such tribes.

‘‘(b) There are authorized to be appropriated for each

of the fiscal years 1989, 1990, and 1991 such sums as may

be necessary to carry out the provisions of this section.’’

§ 1680j. Tribal leasing

Indian tribes providing health care services

pursuant to a contract entered into under the

Indian Self-Determination Act [25 U.S.C. 450f et

seq.] may lease permanent structures for the

purpose of providing such health care services