102 STAT. 3166 PUBLIC LAW 100-607—NOV. 4, 1988

Beaomoes of the Senate, a report describing the manner in which
fhe Secretary intends to cany out subsection (a).

"(2) The Secretary shall, not later than January 10, 1991, and
biannually thereafter, submit to the Committee on Energy and
Commerce of the House of Representatives, and to the Committee
<m Labor and Human Resources of the Senate, a report summarizing
evaluations carried out pursuant to subsection (a) during the preced-
ing two fiscal years.

r'(c) Of the amounts appropriated each fiscal year to carry out this
title, the Secretary shall make available one percent to cany out
this section.".

Subtitle D—Waiver of Liability for Certain
Sale of Facility Under Program of Construc-
tion and Modernization of Medical Facilities

SEC 731. ESTABLISHMENT OF WAIVER AUTHORITY.

(a) IN GENERAL.—If, pursuant to subsection (b) of section 732, the
Secretary of Health and Human Services makes a certification of
compliance with the conditions described in subsection (a) of such
section, section 609 of the Public Health Service Act (42 U.S.C. 29 li)
shall not, with respect to the transferor and transferee described in
subsection (b), apply to the sale on November 26, 1986, of the
medical facility—

Utah. (1) located in Blanding, in the State of Utah;

(2) known, prior to such date, as San Juan County Nursing
Home; and

(3) with respect to which funds were received during the years
1967 through 1970 pursuant to title VI of the Public Health
Service Act (42 U.S.C. 291 et seq.).

(b) DESCRIPTION OF PARTIES TO SALE.—-In the sale described in
subsection (a), the transferor is San Juan County, a political subdivi-
sion of the State of Utah, and the transferee is Auburn Manor
Holding Corporation, a corporation under the laws of the State of
California.

SEC. 732. CONDITIONS OF WAIVER.

(a) IN GENERAL.—The conditions referred to in section 731(a) are
that, not later than the expiration of the 12-month period beginning
on the date of the enactment of this Act—

(1XA) San Juan County establish an irrevocable trust with a
res of $321,057 for the sole purpose of satisfying, with respect to
the medical facility described in section 73l(a), the obligation of
San Juan County under regulations issued under clause (2) of
section 603(e) of the Public Health Service Act (42 U.S.G
291c(e));

(B) except to the extent inconsistent with this title, San Juan
establish such trust in accordance with regulations issued under
section 609(dXlXA) of such Act for trusts established pursuant
to such section; and

(C) San Juan County agree—

(i) except to the extent inconsistent with this title, to
administer such trust in accordance with regulations issued
under such section 609(dXlXA) of such Act; and