Page:United States Statutes at Large Volume 102 Part 5.djvu/809

 PUBLIC LAW 100-713—NOV. 23, 1988

102 STAT. 4815

nity Development Act of 1974 (42 U.S.C. 5301, et seq.) to the Secretary of Health and Human Services, and ij r "(B) the Secretary of Health and Human Services is authorized to accept and use such funds for the purpose of providing sanitation facilities and services for Indians under section 7 of the Act of August 5, 1954 (42 U.S.C. 2004a). "(c) Beginning in fiscal year 1990, the Secretary, acting through the Service, shall develop and begin implementation of a 10-year plan to provide safe water supply and sanitation sewage and solid waste disposal facilities to existing Indian homes and communities and to new and renovated Indian homes. "(d) The financial and technical capability of an Indian tribe or community to safely operate and maintain a sanitation facility shall not be a prerequisite to the provision or construction of sanitation facilities by the Secretary. "(e) The provisions of this section shall not diminish the primary responsibility of the Indian family, community, or tribe to establish, collect, and utilize reasonable user fees, or otherwise set aside funding, for the purpose of operating and maintaining sanitation facilities. "(f) Programs administered by Indian tribes or tribal orgemizations under the authority of the Indiem Self-Determination Act shall be eligible for— "(1) any funds appropriated pursuant to subsection (h), and "(2) any funds appropriated for the purpose of providing water supply or sewage disposal services, on an equal basis with programs that are administered directly by the Service. "(g)(1) The Secretary shall submit to the Congress an annual report which sets forth— "(A) the current Indian sanitation facility priority system of the Service; "(B) the methodology for determining sanitation deficiencies; "(C) the level of sanitation deficiency for each sanitation facilities project of each Indian tribe or community; "(D) the amount of funds necessary to raise all Indian tribes and communities to a level I sanitation deficiency; and "(E) the amount of funds necessary to raise all Indian tribes and communities to zero sanitation deficiency. "(2) The first report required under paragraph (1) shall be submitted by no later than the date that is 180 days after the date of enactment of the Indian Health Care Amendments of 1988 and, beginning in 1990, each subsequent annual report shall be submitted by the date that is 60 days «rfter the date on which the President submits the budget to the Congress under section 1105 of title 31, United States Ckxie. "(3) In preparing each report required under paragraph (1) (other than the initial report), the Secretary shall consult with Indian tribes and tribal organizations (including those tribes or tribal organizations operating health care programs or facilities under any contract entered into with the Service under the Indian Self-Determination Act) to determine the sanitation needs of each tribe. "(4) The methodology used by the Secretary in determining sanitation deficiencies for purposes of paragraph (1) shall be applied uniformly to all Indian tribes and communities. "(5) For purposes of this subsection, the sanitation deficiency levels for an Indian tribe or community are as follows:

Reports.

�