174 
‘‘(9) the appropriateness of, and best methods 
for, coordinating the loan fund with the health care 
priority system of the Service under section 301; and 
‘‘(10) any legislative or regulatory changes re-
quired to implement recommendations of the Sec-
retary based on results of the study. 
‘‘(c) REPORT.—Not later than September 30, 2009, 
the Secretary shall submit to the Committee on Indian Af-
fairs of the Senate and the Committee on Natural Re-
sources and the Committee on Energy and Commerce of 
the House of Representatives a report that describes— 
‘‘(1) the manner of consultation made as re-
quired by subsection (a); and 
‘‘(2) the results of the study, including any rec-
ommendations of the Secretary based on results of 
the study. 
‘‘SEC. 310. TRIBAL LEASING. 
‘‘A Tribal Health Program may lease permanent 
structures for the purpose of providing health care services 
without obtaining advance approval in appropriation Acts. 
‘‘SEC. 311. INDIAN HEALTH SERVICE/TRIBAL FACILITIES 
JOINT VENTURE PROGRAM. 
‘‘(a) IN GENERAL.—The Secretary, acting through 
the Service, shall make arrangements with Indian Tribes 
and Tribal Organizations to establish joint venture dem-
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00174
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS
175 
onstration projects under which an Indian Tribe or Tribal 
Organization shall expend tribal, private, or other avail-
able funds, for the acquisition or construction of a health 
facility for a minimum of 10 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. An Indian Tribe or 
Tribal Organization may use tribal funds, private sector, 
or other available resources, including loan guarantees, to 
fulfill its commitment under a joint venture entered into 
under this subsection. An Indian Tribe or Tribal Organi-
zation shall be eligible to establish a joint venture project 
if, when it submits a letter of intent, it— 
‘‘(1) has begun but not completed the process 
of acquisition or construction of a health facility to 
be used in the joint venture project; or 
‘‘(2) has not begun the process of acquisition or 
construction of a health facility for use in the joint 
venture project. 
‘‘(b) REQUIREMENTS.—The Secretary shall make 
such an arrangement with an Indian Tribe or Tribal Orga-
nization only if— 
‘‘(1) the Secretary first determines that the In-
dian Tribe or Tribal Organization has the adminis-
trative and financial capabilities necessary to com-
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00175
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS
176 
plete the timely acquisition or construction of the 
relevant health facility; and 
‘‘(2) the Indian Tribe or Tribal Organization 
meets the need criteria determined using the criteria 
developed under the health care facility priority sys-
tem under section 301, unless the Secretary deter-
mines, pursuant to regulations, that other criteria 
will result in a more cost-effective and efficient 
method of facilitating and completing construction of 
health care facilities. 
‘‘(c) CONTINUED OPERATION.—The Secretary shall 
negotiate an agreement with the Indian Tribe or Tribal 
Organization regarding the continued operation of the fa-
cility at the end of the initial 10 year no-cost lease period. 
‘‘(d) BREACH OF AGREEMENT.—An Indian Tribe or 
Tribal Organization that has entered into a written agree-
ment with the Secretary under this section, 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 Indian Tribe or Tribal Organization, 
or paid to a third party on the Indian Tribe’s or Tribal 
Organization’s behalf, under the agreement. The Sec-
retary has the right to recover tangible property (including 
supplies) and equipment, less depreciation, and any funds 
expended for operations and maintenance under this sec-
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00176
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS
286 
‘‘(5) The Service. 
‘‘(6) The Office of Minority Health of the De-
partment of Health and Human Services. 
‘‘(7) The Administration for Native Americans. 
‘‘(8) The National Institute of Child Health 
and Human Development (NICHD). 
‘‘(9) The Centers for Disease Control and Pre-
vention. 
‘‘(10) The Bureau of Indian Affairs. 
‘‘(11) Indian Tribes. 
‘‘(12) Tribal Organizations. 
‘‘(13) Urban Indian Organizations. 
‘‘(14) Indian fetal alcohol disorder experts. 
‘‘(d) APPLIED
RESEARCH
PROJECTS.—The Sec-
retary, acting through the Substance Abuse and Mental 
Health Services Administration, shall make grants to In-
dian Tribes, Tribal Organizations, and Urban Indian Or-
ganizations for applied research projects which propose to 
elevate the understanding of methods to prevent, inter-
vene, treat, or provide rehabilitation and behavioral health 
aftercare for Indians and Urban Indians affected by fetal 
alcohol disorder. 
‘‘(e) FUNDING
FOR
URBAN
INDIAN
ORGANIZA-
TIONS.—Ten percent of the funds appropriated pursuant 
VerDate Aug 31 2005 
22:10 Mar 11, 2007
Jkt 059200
PO 00000
Frm 00286
Fmt 6652
Sfmt 6201
E:\BILLS\H1328.IH
H1328
ycherry on PROD1PC64 with BILLS