295 
‘‘SEC. 803. PLAN OF IMPLEMENTATION. 
‘‘Not later than 9 months after the date of enactment 
of the Indian Health Care Improvement Act Amendments 
of 2007, the Secretary, in consultation with Indian Tribes, 
Tribal Organizations, and Urban Indian Organizations, 
shall submit to Congress a plan explaining the manner and 
schedule, by title and section, by which the Secretary will 
implement the provisions of this Act. This consultation may 
be conducted jointly with the annual budget consultation 
pursuant to the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450 et seq). 
‘‘SEC. 804. AVAILABILITY OF FUNDS. 
‘‘The funds appropriated pursuant to this Act shall re-
main available until expended. 
‘‘SEC. 805. 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 for a pe-
riod 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 appro-
priations for the Service. 
‘‘SEC. 806. ELIGIBILITY OF CALIFORNIA INDIANS. 
‘‘(a) IN GENERAL.—The following California Indians 
shall be eligible for health services provided by the Service: 
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‘‘(1) Any member of a federally recognized In-
dian Tribe. 
‘‘(2) Any descendant of an Indian who was re-
siding in California on June 1, 1852, if such descend-
ant— 
‘‘(A) is a member of the Indian community 
served by a local program of the Service; and 
‘‘(B) is regarded as an Indian by the com-
munity in which such descendant lives. 
‘‘(3) Any Indian who holds trust interests in 
public domain, national forest, or reservation allot-
ments in California. 
‘‘(4) Any Indian in California who is listed on 
the plans for distribution of the assets of rancherias 
and reservations located within the State of Cali-
fornia under the Act of August 18, 1958 (72 Stat. 
619), and any descendant of such an Indian. 
‘‘(b) CLARIFICATION.—Nothing in this section may be 
construed as expanding the eligibility of California Indians 
for health services provided by the Service beyond the scope 
of eligibility for such health services that applied on May 
1, 1986. 
‘‘SEC. 807. HEALTH SERVICES FOR INELIGIBLE PERSONS. 
‘‘(a) CHILDREN.—Any individual who— 
‘‘(1) has not attained 19 years of age; 
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‘‘(2) is the natural or adopted child, stepchild, 
foster child, legal ward, or orphan of an eligible In-
dian; and 
‘‘(3) is not otherwise eligible for health services 
provided by the Service, 
shall be eligible for all health services provided by the Serv-
ice on the same basis and subject to the same rules that 
apply to eligible Indians until such individual attains 19 
years of age. The existing and potential health needs of all 
such individuals shall be taken into consideration by the 
Service in determining the need for, or the allocation of, 
the health resources of the Service. If such an individual 
has been determined to be legally incompetent prior to at-
taining 19 years of age, such individual shall remain eligi-
ble for such services until 1 year after the date of a deter-
mination of competency. 
‘‘(b) SPOUSES.—Any spouse of an eligible Indian who 
is not an Indian, or who is of Indian descent but is not 
otherwise eligible for the health services provided by the 
Service, shall be eligible for such health services if all such 
spouses or spouses who are married to members of each In-
dian Tribe being served are made eligible, as a class, by 
an appropriate resolution of the governing body of the In-
dian Tribe or Tribal Organization providing such services. 
The health needs of persons made eligible under this para-
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