PUBLIC LAW 102-573—OCT. 29, 1992 106 STAT. 4587 tribe has the administrative and financial capabilities necessary to complete the timely acquisition or construction of the health facility 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 stgiffing, shall be recoverable.". SEC. 809. HOME AND COMMUNITY BASED CARE DEMONSTRATION PROJECT. Title VIII of the Act (as redesignated by subsections (a) and (b) of section 701 of this Act) is amended by adding at the end the following new section: "HOME- AND COMMUNITY-BASED CARE DEMONSTRATION PROJECT "SEC 821. (a) The Secretary, acting through the Service, is 25 USC 1680k. authorized to enter into contracts with, or make grants to, Indian tribes or tribal organizations providing health care services pursuant to a contract entered into under the Indian Self-Determination Act, to establish demonstration projects for the delivery of homeand community-based services to functionally disabled Indians. "(b)(1) Fluids provided for a demonstration project under this section shall be used only for the delivery of home- and community- based services (including transportation services) to functionally disabled Indians. "(2) Such funds may not be used— "(A) to make cash payments to functionally disabled Indians; "(B) to provide room and board for functionally disabled Indians; "(C) for the construction or renovation of facilities or the purchase of medical equipment; or "(D) for the provision of nursing facility services. "(c) Not later than 180 days after the date of the enactment of this section, the Secretary, after consultation with Indian tribes and tribal organizations, shall develop and issue criteria for the approval of apphcations submitted under this section. Such criteria shall ensure that demonstration projects established under this section promote the development of the capacity of tribes and tribal organizations to deliver, or arrange for the delivery of, high quaUty, culturally appropriate home- and community-based services to functionally disabled Indians; "(d) The Secretary shall provide such technical and other assistance as may be necessary to enable applicants to comply with the provisions of this section. "(e) At the discretion of the tribe or tribal organization, services provided under a demonstration project established under this section may be provided (on a cost basis) to persons otherwise ineligible for the health care benefits of the Service.