PUBLIC LAW 102-573—OCT. 29, 1992

106 STAT. 4561

the Federal share of the costs of operating, managing, and maintain-
ing the facilities provided under the plan described in subsection

"(2:1 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 man
aging, and maintaining such facilities may be provided m cart
through cash donations or in kind property, fairly evaluated "• '

(2) in subsection (f)(l), 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"
through "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 FACILITIES 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)(l) The Secretary, acting through the Service,
shall make grants to tribes and tribal organizations for the construc-
tion, expansion, or modernization of facilities for the provision of
ambulatory care services to eligible Indians (and noneligible persons
as provided in subsection (c)(l)(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 tribal 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 trans-
ferred to a tribe or tribal organization) pursuant to a contract
entered into under the Indian Self-Determination Act.

"(b)(l) 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 mod-
ernization) of an ambulatory 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, expan-
sion, 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 (speci-
fied in the contract entered into under the Indian beJl-
Determination Act) with a population of not less than 2,000
eligible Indians.