25 U.S.C. § 1631: Consultation; closure of facilities; reports

consult with any Indian tribe that would be significantly affected by such expenditure for the purpose of determining and, whenever practicable, honoring tribal preferences concerning size, location, type, and other characteristics of any facility on which such expenditure is to be made, and ensure, whenever practicable, that such facility meets the standards of the Joint Commission on Accreditation of Health Care Organizations by not later than 1 year after the date on which the construction or renovation of such facility is completed. the accessibility of alternative health care resources for the population served by such hospital or facility; the cost effectiveness of such closure; the quality of health care to be provided to the population served by such hospital or facility after such closure; the availability of contract health care funds to maintain existing levels of service; the views of the Indian tribes served by such hospital or facility concerning such closure; the level of utilization of such hospital or facility by all eligible Indians; and the distance between such hospital or facility and the nearest operating Service hospital. Paragraph (1) shall not apply to any temporary closure of a facility or of any portion of a facility if such closure is necessary for medical, environmental, or safety reasons. shall be developed in consultation with Indian tribes and tribal organizations; shall give Indian tribes’ needs the highest priority; may include the lists required in paragraph (2)(B)(ii); and shall include the methodology required in paragraph (2)(B)(v); and may include such health care facilities, and such renovation or expansion needs of any health care facility, as the Service may identify; and shall provide an opportunity for the nomination of planning, design, and construction projects by the Service, Indian tribes, and tribal organizations for consideration under the priority system at least once every 3 years, or more frequently as the Secretary determines to be appropriate. The Secretary shall ensure that the planning, design, construction, renovation, and expansion needs of Service and non-Service facilities operated under contracts or compacts in accordance with the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq.) 1 are fully and equitably integrated into the health care facility priority system. 1 See References in Text note below. For purposes of this subsection, the Secretary, in evaluating the needs of facilities operated under a contract or compact under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq.), 1 shall use the criteria used by the Secretary in evaluating the needs of facilities operated directly by the Service. 1 of the 10 top-priority inpatient projects; 1 of the 10 top-priority outpatient projects; 1 of the 10 top-priority staff quarters developments; or 1 of the 10 top-priority Youth Regional Treatment Centers; had completed both Phase I and Phase II of the construction priority system in effect on March 23, 2010 ; or on the initiative of the Secretary; or pursuant to a request of an Indian tribe or tribal organization. to provide advice and recommendations for policies and procedures of the programs funded pursuant to facilities appropriations; and to address other facilities issues. to review the health care facilities construction priority system; and to make recommendations to the Facilities Appropriation Advisory Board for revising the priority system. Not later than 1 year after March 23, 2010 , the Secretary shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes the comprehensive, national, ranked list of all health care facilities needs for the Service, Indian tribes, and tribal organizations (including inpatient health care facilities, outpatient health care facilities, specialized health care facilities (such as for long-term care and alcohol and drug abuse treatment), wellness centers, and staff quarters, and the renovation and expansion needs, if any, of such facilities) developed by the Service, Indian tribes, and tribal organizations for the Facilities Needs Assessment Workgroup and the Facilities Appropriation Advisory Board. the methodology and criteria used by the Service in determining the needs and establishing the ranking of the facilities needs; and such other information as the Secretary determines to be appropriate. update the report under clause (ii) not less frequently that once every 5 years; and include the updated report in the appropriate annual report under subparagraph (B) for submission to Congress under section 1671 of this title . A description of the health care facility priority system of the Service established under paragraph (1). the 10 top-priority inpatient health care facilities; the 10 top-priority outpatient health care facilities; the 10 top-priority specialized health care facilities (such as long-term care and alcohol and drug abuse treatment); and the 10 top-priority staff quarters developments associated with health care facilities. The justification for such order of priority. The projected cost of such projects. The methodology adopted by the Service in establishing priorities under its health care facility priority system. consult with and obtain information on all health care facilities needs from Indian tribes and tribal organizations; and review the total unmet needs of all Indian tribes and tribal organizations for health care facilities (including staff quarters), including needs for renovation and expansion of existing facilities. the recommendations of the Facilities Appropriation Advisory Board and the Facilities Needs Assessment Workgroup (as those terms are defined in subsection (c)(2)(A)(i)); and the relevant criteria used in ranking or prioritizing facilities other than hospitals or clinics. the Committees on Indian Affairs and Appropriations of the Senate; the Committees on Natural Resources and Appropriations of the House of Representatives; and the Secretary. All funds appropriated under section 13 of this title , for the planning, design, construction, or renovation of health facilities for the benefit of 1 or more Indian Tribes shall be subject to the provisions of section 102 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450f ) 1 or sections 504 and 505 of that Act ( 25 U.S.C. 458aaa–3 , 458aaa–4). 1 the establishment of an area distribution fund in which a portion of health facility construction funding could be devoted to all Service areas; approaches provided for in other provisions of this subchapter; and other approaches, as the Secretary determines to be appropriate. All funds appropriated under section 13 of this title for the planning, design, construction, or renovation of health facilities for the benefit of an Indian tribe or tribes shall be subject to the provisions of section 102 of the Indian Self-Determination Act [ 25 U.S.C. 5321 ]. 1 of the 10 top-priority inpatient projects; 1 of the 10 top-priority outpatient projects; 1 of the 10 top-priority staff quarters developments; or 1 of the 10 top-priority Youth Regional Treatment Centers; had completed both Phase I and Phase II of the construction priority system in effect on March 23, 2010 ; or on the initiative of the Secretary; or pursuant to a request of an Indian tribe or tribal organization.