1785 
‘‘(8) the Secretary of Health and Human Serv-
ices shall enter into interagency agreements with 
Federal and State agencies for the purpose of pro-
viding financial assistance for sanitation facilities 
and services under this Act; 
‘‘(9) the Secretary of Health and Human Serv-
ices shall, by regulation, establish standards applica-
ble to the planning, design, and construction of sani-
tation facilities funded under this Act; and 
‘‘(10) the Secretary of Health and Human 
Services is authorized to accept payments for goods 
and services furnished by the Service from appro-
priate public authorities, nonprofit organizations or 
agencies, or Indian Tribes, as contributions by that 
authority, organization, agency, or tribe to agree-
ments made under section 7 of the Act of August 5, 
1954 (42 U.S.C. 2004a), and such payments shall 
be credited to the same or subsequent appropriation 
account as funds appropriated under the authority 
of section 7 of the Act of August 5, 1954 (42 U.S.C. 
2004a). 
‘‘(d) CERTAIN CAPABILITIES NOT PREREQUISITE.— 
The financial and technical capability of an Indian Tribe, 
Tribal Organization, or Indian community to safely oper-
ate, manage, and maintain a sanitation facility shall not 
VerDate Nov 24 2008 
12:56 Oct 30, 2009
Jkt 089200
PO 00000
Frm 01785
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
rmajette on DSK29S0YB1PROD with BILLS
1786 
be a prerequisite to the provision or construction of sanita-
tion facilities by the Secretary. 
‘‘(e) FINANCIAL ASSISTANCE.—The Secretary is au-
thorized to provide financial assistance to Indian Tribes, 
Tribal Organizations, and Indian communities in an 
amount equal to the Federal share of the costs of oper-
ating, managing, and maintaining the facilities provided 
under the plan described in subsection (h)(1)(F). 
‘‘(f) OPERATION, MANAGEMENT, AND MAINTENANCE 
OF FACILITIES.—The Indian Tribe has the primary re-
sponsibility to establish, collect, and use reasonable user 
fees, or otherwise set aside funding, for the purpose of 
operating, managing, and maintaining sanitation facilities. 
If a sanitation facility serving a community that is oper-
ated by an Indian Tribe or Tribal Organization is threat-
ened with imminent failure and such operator lacks capac-
ity to maintain the integrity or the health benefits of the 
sanitation facility, then the Secretary is authorized to as-
sist the Indian Tribe, Tribal Organization, or Indian com-
munity in the resolution of the problem on a short-term 
basis through cooperation with the emergency coordinator 
or by providing operation, management, and maintenance 
service. 
‘‘(g) ISDEAA PROGRAM
FUNDED
ON
EQUAL 
BASIS.—Tribal Health Programs shall be eligible (on an 
VerDate Nov 24 2008 
12:56 Oct 30, 2009
Jkt 089200
PO 00000
Frm 01786
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
rmajette on DSK29S0YB1PROD with BILLS
1787 
equal basis with programs that are administered directly 
by the Service) for— 
‘‘(1) any funds appropriated pursuant to this 
section; and 
‘‘(2) any funds appropriated for the purpose of 
providing sanitation facilities. 
‘‘(h) REPORT.— 
‘‘(1) REQUIRED; CONTENTS.—The Secretary, in 
consultation with the Secretary of Housing and 
Urban Development, Indian Tribes, Tribal Organiza-
tions, and tribally designated housing entities (as de-
fined in section 4 of the Native American Housing 
Assistance and Self-Determination Act of 1996 (25 
U.S.C. 4103)) shall submit to the President, for in-
clusion in the report required to be transmitted to 
Congress under section 801, a report which sets 
forth— 
‘‘(A) the current Indian sanitation facility 
priority system of the Service; 
‘‘(B) the methodology for determining 
sanitation deficiencies and needs; 
‘‘(C) the criteria on which the deficiencies 
and needs will be evaluated; 
‘‘(D) the level of initial and final sanitation 
deficiency for each type of sanitation facility for 
VerDate Nov 24 2008 
12:56 Oct 30, 2009
Jkt 089200
PO 00000
Frm 01787
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
rmajette on DSK29S0YB1PROD with BILLS
1788 
each project of each Indian Tribe or Indian 
community; 
‘‘(E) the amount and most effective use of 
funds, derived from whatever source, necessary 
to accommodate the sanitation facilities needs 
of new homes assisted with funds under the 
Native American Housing Assistance and Self- 
Determination Act (25 U.S.C. 4101 et seq.), 
and to reduce the identified sanitation defi-
ciency levels of all Indian Tribes and Indian 
communities to level I sanitation deficiency as 
defined in paragraph (3)(A); and 
‘‘(F) a 10-year plan to provide sanitation 
facilities to serve existing Indian homes and In-
dian communities and new and renovated In-
dian homes. 
‘‘(2) UNIFORM METHODOLOGY.—The method-
ology used by the Secretary in determining, pre-
paring cost estimates for, and reporting sanitation 
deficiencies for purposes of paragraph (1) shall be 
applied uniformly to all Indian Tribes and Indian 
communities. 
‘‘(3) SANITATION
DEFICIENCY
LEVELS.—For 
purposes of this subsection, the sanitation deficiency 
levels for an individual, Indian Tribe, or Indian com-
VerDate Nov 24 2008 
12:56 Oct 30, 2009
Jkt 089200
PO 00000
Frm 01788
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
rmajette on DSK29S0YB1PROD with BILLS
1789 
munity sanitation facility to serve Indian homes are 
determined as follows: 
‘‘(A) A level I deficiency exists if a sanita-
tion facility serving an individual, Indian Tribe, 
or Indian community— 
‘‘(i) complies with all applicable water 
supply, pollution control, and solid waste 
disposal laws; and 
‘‘(ii) deficiencies relate to routine re-
placement, repair, or maintenance needs. 
‘‘(B) A level II deficiency exists if a sanita-
tion facility serving an individual, Indian Tribe, 
or Indian community substantially or recently 
complied with all applicable water supply, pollu-
tion control, and solid waste laws and any defi-
ciencies relate to— 
‘‘(i) small or minor capital improve-
ments needed to bring the facility back 
into compliance; 
‘‘(ii) capital improvements that are 
necessary to enlarge or improve the facili-
ties in order to meet the current needs for 
domestic sanitation facilities; or 
‘‘(iii) the lack of equipment or train-
ing by an Indian Tribe, Tribal Organiza-
VerDate Nov 24 2008 
12:56 Oct 30, 2009
Jkt 089200
PO 00000
Frm 01789
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
rmajette on DSK29S0YB1PROD with BILLS
1790 
tion, or an Indian community to properly 
operate and maintain the sanitation facili-
ties. 
‘‘(C) A level III deficiency exists if a sani-
tation facility serving an individual, Indian 
Tribe or Indian community meets 1 or more of 
the following conditions— 
‘‘(i) water or sewer service in the 
home is provided by a haul system with 
holding tanks and interior plumbing; 
‘‘(ii) major significant interruptions to 
water supply or sewage disposal occur fre-
quently, requiring major capital improve-
ments to correct the deficiencies; or 
‘‘(iii) there is no access to or no ap-
proved or permitted solid waste facility 
available. 
‘‘(D) A level IV deficiency exists— 
‘‘(i) if a sanitation facility for an indi-
vidual home, an Indian Tribe, or an Indian 
community exists but— 
‘‘(I) lacks— 
‘‘(aa) a safe water supply 
system; or 
VerDate Nov 24 2008 
12:56 Oct 30, 2009
Jkt 089200
PO 00000
Frm 01790
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
rmajette on DSK29S0YB1PROD with BILLS
1791 
‘‘(bb) a waste disposal sys-
tem; 
‘‘(II) contains no piped water or 
sewer facilities; or 
‘‘(III) has become inoperable due 
to a major component failure; or 
‘‘(ii) if only a washeteria or central fa-
cility exists in the community. 
‘‘(E) A level V deficiency exists in the ab-
sence of a sanitation facility, where individual 
homes do not have access to safe drinking 
water or adequate wastewater (including sew-
age) disposal. 
‘‘(i) DEFINITIONS.—For purposes of this section, the 
following terms apply: 
‘‘(1) INDIAN
COMMUNITY.—The term ‘Indian 
community’ means a geographic area, a significant 
proportion of whose inhabitants are Indians and 
which is served by or capable of being served by a 
facility described in this section. 
‘‘(2) 
SANITATION
FACILITIES.—The 
terms 
‘sanitation facility’ and ‘sanitation facilities’ mean 
safe and adequate water supply systems, sanitary 
sewage disposal systems, and sanitary solid waste 
VerDate Nov 24 2008 
12:56 Oct 30, 2009
Jkt 089200
PO 00000
Frm 01791
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
rmajette on DSK29S0YB1PROD with BILLS
1792 
systems (and all related equipment and support in-
frastructure). 
‘‘SEC. 303. PREFERENCE TO INDIANS AND INDIAN FIRMS. 
‘‘(a) BUY
INDIAN
ACT.—The Secretary, acting 
through the Service, may use the negotiating authority of 
section 23 of the Act of June 25, 1910 (25 U.S.C. 47, 
commonly known as the ‘Buy Indian Act’), to give pref-
erence to any Indian or any enterprise, partnership, cor-
poration, or other type of business organization owned and 
controlled by an Indian or Indians including former or 
currently federally recognized Indian Tribes in the State 
of New York (hereinafter referred to as an ‘Indian firm’) 
in the construction and renovation of Service facilities pur-
suant to section 301 and in the construction of sanitation 
facilities pursuant to section 302. Such preference may be 
accorded by the Secretary unless the Secretary finds, pur-
suant to regulations, that the project or function to be 
contracted for will not be satisfactory or such project or 
function cannot be properly completed or maintained 
under the proposed contract. The Secretary, in arriving 
at such a finding, shall consider whether the Indian or 
Indian firm will be deficient with respect to— 
‘‘(1) ownership and control by Indians; 
‘‘(2) equipment; 
‘‘(3) bookkeeping and accounting procedures; 
VerDate Nov 24 2008 
12:56 Oct 30, 2009
Jkt 089200
PO 00000
Frm 01792
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
rmajette on DSK29S0YB1PROD with BILLS
1793 
‘‘(4) substantive knowledge of the project or 
function to be contracted for; 
‘‘(5) adequately trained personnel; or 
‘‘(6) other necessary components of contract 
performance. 
‘‘(b) PAY RATES.—For the purposes of implementing 
the provisions of this title, the Secretary shall assure that 
the rates of pay for personnel engaged in the construction 
or renovation of facilities constructed or renovated in 
whole or in part by funds made available pursuant to this 
title are not less than the prevailing local wage rates for 
similar work as determined in accordance with the Act of 
March 3, 1931 (40 U.S.C. 276a–276a-5, known as the 
Davis-Bacon Act). 
‘‘(c) LABOR STANDARDS.—For the purposes of im-
plementing the provisions of this title, contracts for the 
construction or renovation of health care facilities, staff 
quarters, and sanitation facilities, and related support in-
frastructure, funded in whole or in part with funds made 
available pursuant to this title, shall contain a provision 
requiring compliance with subchapter IV of chapter 31 of 
title 40, United States Code (commonly known as the 
‘Davis-Bacon Act’). 
VerDate Nov 24 2008 
12:56 Oct 30, 2009
Jkt 089200
PO 00000
Frm 01793
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
rmajette on DSK29S0YB1PROD with BILLS
1794 
‘‘SEC. 304. EXPENDITURE OF NON-SERVICE FUNDS FOR 
RENOVATION. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, if the requirements of subsection (c) are met, 
the Secretary, acting through the Service, is authorized 
to accept any major expansion, renovation, or moderniza-
tion by any Indian Tribe or Tribal Organization of any 
Service facility or of any other Indian health facility oper-
ated pursuant to a contract or compact under the Indian 
Self-Determination and Education Assistance Act (25 
U.S.C. 450 et seq.), including— 
‘‘(1) any plans or designs for such expansion, 
renovation, or modernization; and 
‘‘(2) any expansion, renovation, or moderniza-
tion for which funds appropriated under any Federal 
law were lawfully expended. 
‘‘(b) PRIORITY LIST.— 
‘‘(1) IN GENERAL.—The Secretary shall main-
tain a separate priority list to address the needs for 
increased operating expenses, personnel, or equip-
ment for such facilities. The methodology for estab-
lishing priorities shall be developed through regula-
tions. The list of priority facilities will be revised an-
nually in consultation with Indian Tribes and Tribal 
Organizations. 
VerDate Nov 24 2008 
12:56 Oct 30, 2009
Jkt 089200
PO 00000
Frm 01794
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
rmajette on DSK29S0YB1PROD with BILLS
1795 
‘‘(2) REPORT.—The Secretary shall submit to 
the President, for inclusion in the report required to 
be transmitted to Congress under section 801, the 
priority list maintained pursuant to paragraph (1). 
‘‘(c) REQUIREMENTS.—The requirements of this sub-
section are met with respect to any expansion, renovation, 
or modernization if— 
‘‘(1) the Indian Tribe or Tribal Organization— 
‘‘(A) provides notice to the Secretary of its 
intent to expand, renovate, or modernize; and 
‘‘(B) applies to the Secretary to be placed 
on a separate priority list to address the needs 
of such new facilities for increased operating ex-
penses, personnel, or equipment; and 
‘‘(2) the expansion, renovation, or moderniza-
tion— 
‘‘(A) is approved by the appropriate area 
director of the Service for Federal facilities; and 
‘‘(B) is administered by the Indian Tribe 
or Tribal Organization in accordance with any 
applicable regulations prescribed by the Sec-
retary with respect to construction or renova-
tion of Service facilities. 
‘‘(d) ADDITIONAL REQUIREMENT FOR EXPANSION.— 
In addition to the requirements under subsection (c), for 
VerDate Nov 24 2008 
12:56 Oct 30, 2009
Jkt 089200
PO 00000
Frm 01795
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
rmajette on DSK29S0YB1PROD with BILLS