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2026-07-06 10:51:44 -04:00

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LegalText 25 U.S.C. § 1634 Expenditure of non-Service funds for renovation us united_states_code code_section 25 INDIANS 18 INDIAN HEALTH CARE 1634 25 U.S.C. § 1634 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc25@119-100.zip /us/usc/t25/s1634 data/legal/raw/us/code/title-25/usc25.xml 5e8ca72acb1e0f069e95c48f3e4214288ab813aef6018f2ce13a5f6d5b14bb13 d4661d83bff6862be548ac8e843ba61e942ed983aade7cf83cb7dbc3dcd08168 45df848a0614848f6a80e66dcab5cc24911aab75f4a3ba58beb0bdab73076912 2026-07-04 official
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25 U.S.C. § 1634 - Expenditure of non-Service funds for renovation

Text

(a) Authority of Secretary (1) Notwithstanding any other provision of law, the Secretary is authorized to accept any major renovation or modernization by any Indian tribe of any Service facility, or of any other Indian health facility operated pursuant to a contract entered into under the Indian Self-Determination Act [25 U.S.C. 5321 et seq.], including—

(A) any plans or designs for such renovation or modernization; and

(B) any renovation or modernization for which funds appropriated under any Federal law were lawfully expended,

but only if the requirements of subsection (b) are met.

(2) The Secretary shall maintain a separate priority list to address the needs of such facilities for personnel or equipment.

(3) The Secretary shall submit to the President, for inclusion in each report required to be transmitted to the Congress under section 1671 of this title, the priority list maintained pursuant to paragraph (2).

(b) Requirements The requirements of this subsection are met with respect to any renovation or modernization if—

(1) the tribe or tribal organization—

(A) provides notice to the Secretary of its intent to 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 personnel or equipment; and

(2) the renovation or modernization—

(A) is approved by the appropriate area director of the Service; and

(B) is administered by the tribe in accordance with the rules and regulations prescribed by the Secretary with respect to construction or renovation of Service facilities.

(c) Recovery for non-use as Service facility If any Service facility which has been renovated or modernized by an Indian tribe under this section ceases to be used as a Service facility during the 20-year period beginning on the date such renovation or modernization is completed, such Indian tribe shall be entitled to recover from the United States an amount which bears the same ratio to the value of such facility at the time of such cessation as the value of such renovation or modernization (less the total amount of any funds provided specifically for such facility under any Federal program that were expended for such renovation or modernization) bore to the value of such facility at the time of the completion of such renovation or modernization.

(Pub. L. 94437, title III, § 305, as added Pub. L. 96537, § 5, Dec. 17, 1980, 94 Stat. 3175; amended Pub. L. 100713, title III, § 303(a), Nov. 23, 1988, 102 Stat. 4816; Pub. L. 102573, title III, § 305, Oct. 29, 1992, 106 Stat. 4563.)

Notes

Editorial Notes

References in TextThe Indian Self-Determination Act, referred to in subsec. (a)(1), is title I of Pub. L. 93638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.

Amendments1992—Pub. L. 102573 amended section generally, substituting present provisions for former provisions which related to: in subsec. (a), authority of Secretary; in subsec. (b), requirements; in subsec. (c), higher priority project; and in subsec. (d), recovery for non-use as Service facility. 1988—Pub. L. 100713 amended section generally, substituting “Expenditure of non-Service funds for renovation” for “Authorization of appropriations” in section catchline and subsecs. (a) to (d) for former single unlettered par.