EXTENSION OF TERMINATION DATE OF CERTAIN DEMONSTRATION PROJECTS; JOINT VENTURE PROJECTS.

SEC. 808. EXTENSION OF TERMINATION DATE OF CERTAIN DEMONSTRATION PROJECTS; JOINT VENTURE PROJECTS.Section 818 of the Act (25 U.S.C. 1680h) (as redesignated by section 701(b) of this Act) is amended— (1) in subsection (d)— (A) in paragraph (1), by inserting before the period at the end the following: “, or, in the case of a demonstration project for which a grant is made after September 30, 1990, three years after the date on which such grant is made”; and (B) in paragraph (2), by striking “1994” and inserting “1996”; and (2) by amending subsection (e) to read as follows: “(e) (1) The Secretary, acting through the Service, shall make arrangements with Indian tribes to establish joint venture demonstration projects under which an Indian tribe shall expend tribal, private, or other available nontribal funds, for the acquisition or construction of a health facility for a minimum of 20 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. A tribe may utilize tribal funds, private sector, or other available resources, including loan guarantees, to fulfill its commitment under this subsection. “(2) The Secretary shall make such an arrangement with an Indian tribe only if the Secretary first determines that the Indian 106 STAT. 4587tribe has the administrative and financial capabilities necessary to complete the timely acquisition or construction of the health faculty described in paragraph (1). “(3) An Indian tribe or tribal organization that has entered into a written agreement with the Secretary under this subsection, 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 tribe, or paid to a third party on the tribe’s behalf, under the agreement. The Secretary has the right to recover tangible property (including supplies), and equipment, less depreciation, and any funds expended for operations and maintenance under this section. The preceding sentence does not apply to any funds expended for the delivery of health care services, or for personnel or staffing, shall be recoverable.”.