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U.S. Code as of:
01/02/2006
Section 458aaa-11. Facilitation
(a) Secretarial interpretation
Except as otherwise provided by law, the Secretary shall
interpret all Federal laws, Executive orders, and regulations in a
manner that will facilitate -
(1) the inclusion of programs, services, functions, and
activities (or portions thereof) and funds associated therewith,
in the agreements entered into under this section;
(2) the implementation of compacts and funding agreements
entered into under this part; and
(3) the achievement of tribal health goals and objectives.
(b) Regulation waiver
(1) In general
An Indian tribe may submit a written request to waive
application of a regulation promulgated under section 458aaa-16
of this title or the authorities specified in section 458aaa-4(b)
of this title for a compact or funding agreement entered into
with the Indian Health Service under this part, to the Secretary
identifying the applicable Federal regulation sought to be waived
and the basis for the request.
(2) Approval
Not later than 90 days after receipt by the Secretary of a
written request by an Indian tribe to waive application of a
regulation for a compact or funding agreement entered into under
this part, the Secretary shall either approve or deny the
requested waiver in writing. A denial may be made only upon a
specific finding by the Secretary that identified language in the
regulation may not be waived because such waiver is prohibited by
Federal law. A failure to approve or deny a waiver request not
later than 90 days after receipt shall be deemed an approval of
such request. The Secretary's decision shall be final for the
Department.
(c) Access to Federal property
In connection with any compact or funding agreement executed
pursuant to this part or an agreement negotiated under the Tribal
Self-Governance Demonstration Project established under title
III,(!1) as in effect before August 18, 2000, upon the request of
an Indian tribe, the Secretary -
(1) shall permit an Indian tribe to use existing school
buildings, hospitals, and other facilities and all equipment
therein or appertaining thereto and other personal property owned
by the Government within the Secretary's jurisdiction under such
terms and conditions as may be agreed upon by the Secretary and
the Indian tribe for their use and maintenance;
(2) may donate to an Indian tribe title to any personal or real
property found to be excess to the needs of any agency of the
Department, or the General Services Administration, except that -
(A) subject to the provisions of subparagraph (B), title to
property and equipment furnished by the Federal Government for
use in the performance of the compact or funding agreement or
purchased with funds under any compact or funding agreement
shall, unless otherwise requested by the Indian tribe, vest in
the appropriate Indian tribe;
(B) if property described in subparagraph (A) has a value in
excess of $5,000 at the time of retrocession, withdrawal, or
reassumption, at the option of the Secretary upon the
retrocession, withdrawal, or reassumption, title to such
property and equipment shall revert to the Department of Health
and Human Services; and
(C) all property referred to in subparagraph (A) shall remain
eligible for replacement, maintenance, and improvement on the
same basis as if title to such property were vested in the
United States; and
(3) shall acquire excess or surplus Government personal or real
property for donation to an Indian tribe if the Secretary
determines the property is appropriate for use by the Indian
tribe for any purpose for which a compact or funding agreement is
authorized under this part.
(d) Matching or cost-participation requirement
All funds provided under compacts, funding agreements, or grants
made pursuant to this subchapter, shall be treated as non-Federal
funds for purposes of meeting matching or cost participation
requirements under any other Federal or non-Federal program.
(e) State facilitation
States are hereby authorized and encouraged to enact legislation,
and to enter into agreements with Indian tribes to facilitate and
supplement the initiatives, programs, and policies authorized by
this part and other Federal laws benefiting Indians and Indian
tribes.
(f) Rules of construction
Each provision of this part and each provision of a compact or
funding agreement shall be liberally construed for the benefit of
the Indian tribe participating in self-governance and any ambiguity
shall be resolved in favor of the Indian tribe.
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