PUBLIC LAW 102-573 —OCT. 29, 1992 106 STAT. 4561 the Federal share of the costs of operating, managing, and maintaining the facihties provided under the plan described in subsection (c). "(2) For the purposes of paragraph (1), the term 'Federal share' means 80 percent of the costs described in paragraph (1). "(3) With respect to Indian tribes with fewer than 1,000 enrolled members, the non-Federal portion of the costs of operating, managing, and msdntaining such facilities may be provided, in part, through cash donations or in kind property, fairly evaluated."; (2) in subsection (f)(1), by striking out "subsection (h)" and inserting in lieu thereof "this section"; and (3) in subsection (g)— (A) in paragraph (1), by striking out "The Secretary" Reportsthrough "report and inserting in lieu thereof the following: "The Secretary shall submit to the President, for inclusion in each report required to be transmitted to the Congress under section 801, a report"; and (B) by striking out paragraph (2) and redesignating paragraphs (3), (4), (5), and (6) as paragraphs (2), (3), (4), and (5), respectively. SEC. 303. AMBULATORY CARE FACILrriES GRANT PROGRAM. Section 306 of the Act (25 U.S.C. 1636) is amended to read as follows: "GRANT PROGRAM FOR THE CONSTRUCTION, EXPANSION, AND MODERNIZATION OF SMALL AMBULATORY CARE FACILITIES "SEC. 306. (a)(1) The Secretary, acting through the Service, shall make grants to tribes and tribal organizations for the construction, expansion, or modernization of facilities for the provision of ambulatory care services to eligible Indians (and noneligible persons as provided in subsection (c)(1)(C)). A grant made under this section may cover up to 100 percent of the costs of such construction, expansion, or modernization. For the purposes of this section, the term 'construction' includes the replacement of an existing facility. "(2) A grant under paragraph (1) may only be made to a tribe or tribial organization operating an Indian health facility (other than a facility owned or constructed by the Service, including a facility originally owned or constructed by the Service and transferred to a tribe or tribal organization) pursuant to a contract entered into under the Indian Self-Determination Act. "(b)(1) A grant provided under this section may be used only for the construction, expansion, or modernization (including the planning and design of such construction, expansion, or modernization) of an ambulatoiy care facility— "(A) located apart from a hospital; "(B) not funded under section 301 or section 307; and "(C) which, upon completion of such construction, expansion, or modernization will— "(i) have a total capacity appropriate to its projected service population; "(ii) serve no less than 500 eligible Indians annually; and "(iii) provide ambulatory care in a service area (specified in the contract entered into under the Indian Self- Determination Act) with a population of not less than 2,000 eligible Indians.
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