use of non-service funds for renovation

use of non-service funds for renovation Sec. 303. (a) Section 305 (25 U.S.C. 1634) is amended to read as follows: “expenditure of non-service funds for renovation “Sec. 305. (a) 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, including— “(1) any plans or designs for such renovation or modernization, and “(2) 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. 102 STAT. 4817 “(b) The requirements of this subsection are met with respect to any renovation or modernization if the renovation or modernization— “(1) does not require or obligate the Secretary to provide any additional employees or equipment, “(2) is approved by the appropriate area director of the Service, and “(3) is administered by the Indian tribe in accordance with the rules and regulations prescribed by the Secretary with respect to construction or renovation of Service facilities. “(c) A renovation or modernization shall not be authorized by this section if such renovation or modernization would require the diversion of funds appropriated to the Service from any project which has a higher priority under the health facility priority system of the Service. “(d) 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.”. (b) The paragraph relating to administrative provisions of the Health Services Administration under the heading “Department of Health and Human Services” in title II of the matter contained in section 101(c) of Public Law 98–473 (98 Stat. 1864) is amended by striking out the sixth proviso.