169 
‘‘(e) RECOVERY FOR NONUSE.—An Indian Tribe or 
Tribal Organization that has entered into a written agree-
ment with the Secretary under this subsection shall be en-
titled to recover from the United States an amount that 
is proportional to the value of such facility if, at any time 
within the 10-year term of the agreement, the Service 
ceases to use the facility or otherwise breaches the agree-
ment. 
‘‘(f) DEFINITION.—For the purposes of this section, 
the term ‘health facility’ or ‘health facilities’ includes 
quarters needed to provide housing for staff of the rel-
evant Tribal Health Program. 
‘‘SEC. 312. LOCATION OF FACILITIES. 
‘‘(a) IN GENERAL.—In all matters involving the reor-
ganization or development of Service facilities or in the 
establishment of related employment projects to address 
unemployment conditions in economically depressed areas, 
the Bureau of Indian Affairs and the Service shall give 
priority to locating such facilities and projects on Indian 
lands, or lands in Alaska owned by any Alaska Native vil-
lage, or village or regional corporation under the Alaska 
Native Claims Settlement Act, or any land allotted to any 
Alaska Native, if requested by the Indian owner and the 
Indian Tribe with jurisdiction over such lands or other 
lands owned or leased by the Indian Tribe or Tribal Orga-
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CCOLEMAN on PROD1PC71 with BILLS
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nization. Top priority shall be given to Indian land owned 
by 1 or more Indian Tribes. 
‘‘(b) DEFINITION.—For purposes of this section, the 
term ‘Indian lands’ means— 
‘‘(1) all lands within the exterior boundaries of 
any reservation; and 
‘‘(2) any lands title to 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. 
‘‘SEC. 313. MAINTENANCE AND IMPROVEMENT OF HEALTH 
CARE FACILITIES. 
‘‘(a) REPORT.—The Secretary shall submit to the 
President, for inclusion in the report required to be trans-
mitted to Congress under section 801, a report which iden-
tifies the backlog of maintenance and repair work required 
at both Service and tribal health care facilities, including 
new health care facilities expected to be in operation in 
the next fiscal year. The report shall also identify the need 
for renovation and expansion of existing facilities to sup-
port the growth of health care programs. 
‘‘(b) MAINTENANCE
OF
NEWLY
CONSTRUCTED 
SPACE.—The Secretary, acting through the Service, is au-
thorized to expend maintenance and improvement funds 
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CCOLEMAN on PROD1PC71 with BILLS
171 
to support maintenance of newly constructed space only 
if such space falls within the approved supportable space 
allocation for the Indian Tribe or Tribal Organization. 
Supportable space allocation shall be defined through the 
negotiated rulemaking process provided for under section 
802. 
‘‘(c) REPLACEMENT FACILITIES.—In addition to 
using maintenance and improvement funds for renovation, 
modernization, and expansion of facilities, an Indian Tribe 
or Tribal Organization may use maintenance and improve-
ment funds for construction of a replacement facility if 
the costs of renovation of such facility would exceed a 
maximum renovation cost threshold. The maximum ren-
ovation cost threshold shall be determined through the ne-
gotiated rulemaking process provided for under section 
802. 
‘‘SEC. 314. TRIBAL MANAGEMENT OF FEDERALLY OWNED 
QUARTERS. 
‘‘(a) RENTAL RATES.— 
‘‘(1) ESTABLISHMENT.—Notwithstanding any 
other provision of law, a Tribal Health Program 
which operates a hospital or other health facility and 
the federally owned quarters associated therewith 
pursuant to a contract or compact under the Indian 
Self-Determination and Education Assistance Act 
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CCOLEMAN on PROD1PC71 with BILLS
172 
(25 U.S.C. 450 et seq.) shall have the authority to 
establish the rental rates charged to the occupants 
of such quarters by providing notice to the Secretary 
of its election to exercise such authority. 
‘‘(2) OBJECTIVES.—In establishing rental rates 
pursuant to authority of this subsection, a Tribal 
Health Program shall endeavor to achieve the fol-
lowing objectives: 
‘‘(A) To base such rental rates on the rea-
sonable value of the quarters to the occupants 
thereof. 
‘‘(B) To generate sufficient funds to pru-
dently provide for the operation and mainte-
nance of the quarters, and subject to the discre-
tion of the Tribal Health Program, to supply 
reserve funds for capital repairs and replace-
ment of the quarters. 
‘‘(3) 
EQUITABLE
FUNDING.—Any 
quarters 
whose rental rates are established by a Tribal 
Health Program pursuant to this subsection shall 
remain eligible for quarters improvement and repair 
funds to the same extent as all federally owned 
quarters used to house personnel in Services-sup-
ported programs. 
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CCOLEMAN on PROD1PC71 with BILLS
173 
‘‘(4) NOTICE
OF
RATE
CHANGE.—A Tribal 
Health Program which exercises the authority pro-
vided under this subsection shall provide occupants 
with no less than 60 days notice of any change in 
rental rates. 
‘‘(b) DIRECT COLLECTION OF RENT.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, and subject to paragraph (2), a 
Tribal Health Program shall have the authority to 
collect rents directly from Federal employees who oc-
cupy such quarters in accordance with the following: 
‘‘(A) The Tribal Health Program shall no-
tify the Secretary and the subject Federal em-
ployees of its election to exercise its authority 
to collect rents directly from such Federal em-
ployees. 
‘‘(B) Upon receipt of a notice described in 
subparagraph (A), the Federal employees shall 
pay rents for occupancy of such quarters di-
rectly to the Tribal Health Program and the 
Secretary shall have no further authority to col-
lect rents from such employees through payroll 
deduction or otherwise. 
‘‘(C) Such rent payments shall be retained 
by the Tribal Health Program and shall not be 
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