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(d) Shared responsibility for capital improvements

Subject to section 225b(f)(2) of this title, capital improvements to facilities at Saint Elizabeths Hospital authorized during the service coordination period shall be the shared responsibility of the District and the Federal Government in accordance with Public Law 83-472. (e) Unassigned liabilities; sole responsibility of Federal Government

Pursuant to the financial audit under section 225b(f) of this title, any unassigned liabilities of the Hospital shall be assumed by and shall be the sole responsibility of the Federal Government.

(f) Audit to determine liability of Federal Government for accrued annual leave balances; authorization of appropriations

(1) After the service coordination period, the Secretary shall conduct an audit, under generally accepted accounting procedures, to identify the liability of the Federal Government for accrued annual leave balances for those employees assumed by the District under the system implementation plan.

(2) There is authorized to be appropriated for payment by the Federal Government to the District an amount equal to the liability identified by such audit.

(g) Authority; District; collection of costs for mental health services

Nothing in this subchapter shall affect the authority of the District of Columbia under any other statute to collect costs billed by the District of Columbia for mental health services, except that payment for the same costs may not be collected from more than one party. (h) Responsibility of United States for certain claims The Government of the United States shall be solely responsible for

(1) all claims and causes of action against Saint Elizabeths Hospital that accrue before October 1, 1987, regardless of the date on which legal proceedings asserting such claims were or may be filed, except that the United States shall, in the case of any tort claim, only be responsible for any such claim against the United States that accrues before October 1, 1987, and the United States shall not compromise or settle any claim resulting in District liability without the consent of the District, which consent shall not be unreasonably withheld; and

(2) all claims that result in a judgment or award against Saint Elizabeths Hospital before October 1, 1987.

(Pub. L. 98-621, § 9, Nov. 8, 1984, 98 Stat. 3377.)

REFERENCES IN TEXT

Public Law 83-472, referred to in subsec. (d), is act July 2, 1954, ch. 457, 68 Stat. 434, as amended, known as the Departments of Labor, and Health, Education, and Welfare Appropriation Act, 1955. Certain provisions of this Act relating to Saint Elizabeths Hospital and appearing at 68 Stat. 443, were repealed by section 10(d)(2) of Pub. L. 98-621 effective Oct. 1, 1987. For complete classification of this Act to the Code, see Tables.

CODIFICATION

Subsec. (c)(2) of this section amended section 502 of the District of Columbia Self-Government and Governmental Reorganization Act (Pub. L. 93-198, title V, Dec. 24, 1973, 87 Stat. 813), which appears as section 47-3406 of Title 47, Taxation and Fiscal Affairs, of the District of Columbia Code.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 225b of this title.

CHAPTER 5-THE COLUMBIA INSTITUTION FOR THE DEAF

§§ 231 to 250. Omitted

CODIFICATION

Sections 231 to 250, relating to the Columbia Institution for the Deaf, were transferred to sections 31-1001 to 31-1020 of the District of Columbia Code and subsequently repealed by acts Aug. 6, 1946, ch. 770, § 1(61), 60 Stat. 871; June 18, 1954, ch. 324, § 9, 68 Stat. 267; Dec. 24, 1970, Pub. L. 91-587, § 5, 84 Stat. 1579. The Columbia Institution for the Deaf was redesignated Gallaudet College by act June 18, 1954, and thereafter redesignated Gallaudet University by Pub. L. 99-371, title I, § 101(a), Aug. 4, 1986, 100 Stat. 781, which is classified to subchapter I (§ 4301 et seq.) of chapter 55 of Title 20, Education.

CHAPTER 9-HOSPITALIZATION OF MENTALLY ILL NATIONALS RETURNED FROM FOREIGN

COUNTRIES

§ 324. Care and treatment of eligible persons until transfer and release

(a) Place of hospitalization

Until the transfer and release of an eligible person pursuant to section 323 of this title, the Secretary is authorized to provide care and treatment for such person at any Federal hospital within or (pursuant to agreement) outside of the Department, or (under contract or other arrangements made without regard to section 5 of title 41) at any other public or private hospital in any State and, for such purposes, to transfer such person to any such hospital from a place of temporary care provided pursuant to section 322 of this title. In determining the place of such hospitalization, the Secretary shall give due weight to the best interests of the patient.

[See main edition for text of (b)]

(As amended Pub. L. 98-621, § 10(r), Nov. 8, 1984, 98 Stat. 3381.)

AMENDMENTS

1984-Subsec. (a). Pub. L. 98-621 substituted "any" for "Saint Elizabeth Hospital, at any other" after "for such person" in first sentence.

EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-621, effective Oct. 1, 1987, see section 11(b) of Pub. L. 98-621 set out as an Effective Date note under section 225 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 168b, 323, 325, 326, 327, 328 of this title.

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13c.

13d.

13d-1.

13e.

14a.

16.

Payment of care, tuition, assistance, and other expenses of Indians in boarding homes, institutions, and schools; payment of rewards.

Source of funds to pay cost of lunches for
nonboarding public school students.
Limits on use of appropriated funds by
Bureau for general or other welfare assist-

ance.

Standards of need under AFDC as basis for general assistance payments by Bureau of Indian Affairs; ratable reductions. Expenses of exhibits; advance payments for services; termination of Federal supervision; treaty expenses.

Deposit of grant funds received by Bureau from other Federal agencies.

Transportation of Indians in Bureau vehicles.

§ 13. Expenditure of appropriations by Bureau

SHORT TITLE

Act Nov. 2, 1921, which enacted this section, is popularly known as the Snyder Act.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13-1, 13a, 155b, 861c, 903a, 1809, 1813, 1912, 1933, 2306 of this title; title 40 App. section 214; title 42 section 1382.

§ 13b. Payment of care, tuition, assistance, and other expenses of Indians in boarding homes, institutions, and schools; payment of rewards

On and after October 12, 1984, funds appropriated under this or any other Act for the Bureau of Indian Affairs may be used for the payment in advance or from date or admission of care, tuition, assistance, and other expenses of Indians in boarding homes, institutions, or schools; and the payment of rewards for information or evidence concerning violations of law on Indian reservation lands or treaty fishing rights use areas.

(Pub. L. 98-473, title I, § 101(c) [title I, § 1001, Oct. 12, 1984, 98 Stat. 1837, 1848.)

§ 13c. Source of funds to pay cost of lunches for nonboarding public school students

On and after October 12, 1984, any cost of providing lunches to nonboarding students in public schools from funds appropriated under

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this or any other Act for the Bureau of Indian Affairs shall be paid from the amount of such funds otherwise allocated for the schools involved without regard to the cost of providing lunches for such students.

(Pub. L. 98-473, title I, § 101(c) [title I, § 1001, Oct. 12, 1984, 98 Stat. 1837, 1848.)

§ 13d. Limits on use of appropriated funds by Bureau for general or other welfare assistance After September 30, 1985, no part of any appropriation (except trust funds) to the Bureau of Indian Affairs may be used directly or by contract for general or other welfare assistance (except child welfare assistance) payments (1) for other than essential needs (specifically identified in regulations of the Secretary or in regulations of the State public welfare agency pursuant to the Social Security Act [42 U.S.C. 301 et seq.] adopted by reference in the Secretary's regulations) which could not be reasonably expected to be met from financial resources or income (including funds held in trust) available to the recipient individual which are not exempted under law from consideration in determining eligibility for or the amount of Federal financial assistance or (2) for individuals who are eligible for general public welfare assistance available from a State except to the extent the Secretary of the Interior determines that such payments are required under sections 6(b)(2), 6(i), and 9(b) of the Maine Indian Claims Settlement Act of 1980 (94 Stat. 1793, 1794, 1796; 25 U.S.C. 1725(b)(2), 1725(i), 1728(b)).

(Pub. L. 98-473, title I, § 101(c) [title I, § 1001, Oct. 12, 1984, 98 Stat. 1837, 1848.)

REFERENCES IN TEXT

The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

§ 13d-1. Standards of need under AFDC as basis for general assistance payments by Bureau of Indian Affairs; ratable reductions

General assistance payments made by the Bureau of Indian Affairs after April 29, 1985, shall be made on the basis of Aid to Families with Dependent Children (AFDC) standards of need except where a State ratably reduces AFDC payments in which event the Bureau shall reduce general assistance payments in

such State by the same percentage as the State has reduced the AFDC payment.

(Pub. L. 99-88, title I, § 100, Aug. 15, 1985, 99 Stat. 338.)

MAXIMUM ALLOWABLE PAYMENTS

Pub. L. 99-349, title I, July 2, 1986, 100 Stat. 732, provided in part: "That the levels established for general assistance by Public Law 99-88 (99 Stat. 388) [probably means Pub. L. 99-88, 99 Stat. 338, which enacted this section], are the maximum allowable payments."

§ 13e. Expenses of exhibits; advance payments for services; termination of Federal supervision; treaty expenses

On and after October 12, 1984, such appropriations [appropriations for the Bureau of Indian Affairs (except the revolving fund for loans and the Indian loan guarantee and insurance fund)] under this or any other act shall be available for: the expenses of exhibits; advance payments for services (including services which may extend beyond the current fiscal year) under contracts executed pursuant to the Act of June 4, 1936 (48 Stat. 596), as amended (25 U.S.C. 452 et seq.), the Act of August 3, 1956 (70 Stat. 896), as amended (25 U.S.C. 309 et seq.), and legislation terminating Federal supervision over certain tribes; and expenses required by continuing or permanent treaty provision. (Pub. L. 98-473, title I, § 101(c) [title I, § 1001, Oct. 12, 1984, 98 Stat. 1837, 1850.)

REFERENCES IN TEXT

The Act of June 4, 1936 (48 Stat. 596), as amended, referred to in text, probably means act Apr. 16, 1934, ch. 147, 48 Stat. 596, as amended generally by act June 4, 1936, ch. 490, 49 Stat. 1458, known as the JohnsonO'Malley Act, which is classified generally to sections 452 to 457 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 452 of this title and Tables.

The Act of August 3, 1956 (70 Stat. 896), as amended, referred to in text, probably means act Aug. 3, 1956, ch. 930, 70 Stat. 986, which is classified generally to section 309 et seq. of this title. For complete classification of this Act to the Code, see Tables.

§ 14a. Deposit of grant funds received by Bureau from other Federal agencies

On and after October 12, 1984, moneys received by grant to the Bureau of Indian Affairs from other Federal agencies to carry out various programs for elementary and secondary education, handicapped programs, bilingual education, and other specific programs shall be deposited into the appropriation account available for the operation of Bureau schools during the period covered by the grant and shall remain available as otherwise provided by law. (Pub. L. 98-473, title I, § 101(c) [title I, § 100], Oct. 12, 1984, 98 Stat. 1837, 1848.)

§ 16. Transportation of Indians in Bureau vehicles

On and after October 12, 1984, passenger carrying motor vehicles of the Bureau of Indian Affairs may be used for the transportation of Indians.

(Pub. L. 98-473, title I, § 101(c) [title I, § 1001, Oct. 12, 1984, 98 Stat. 1837, 1850.)

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§ 47a. Security required by Secretary; contracts with Indian-owned economic enterprise; public work

The Secretary, in his discretion, may require security other than bonds required by the Miller Act (40 U.S.C. 270a) when entering into a contract with an Indian-owned economic enterprise pursuant to the provisions of the Act of June 25, 1910 (25 U.S.C. 47), for the construction, alteration, or repair of any public work of the United States: Provided, That, the alternative form of security provides the United States with adequate security for performance and payment.

(Pub. L. 98-449, § 11, Oct. 4, 1984, 98 Stat. 1726.)

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§ 117a. Per capita distribution of funds to tribe members

Funds which are held in trust by the Secretary of the Interior (hereinafter referred to as the "Secretary") for an Indian tribe and which are to be distributed per capita to members of that tribe may be so distributed by either the Secretary or, at the request of the governing body of the tribe and subject to the approval of the Secretary, the tribe. Any funds so distributed shall be paid by the Secretary or the tribe directly to the members involved or, if such members are minors or have been legally determined not competent to handle their own affairs, to a parent or guardian of such members or to a trust fund for such minors or legal incompetents as determined by the governing body of the tribe.

(Pub. L. 98-64, § 1, Aug. 2, 1983, 97 Stat. 365.)

SHORT TITLE

Pub. L. 98-64, Aug. 2, 1983, 97 Stat. 365, which enacted sections 117a to 117c and repealed section 117 of this title and repealed section 19 (per capita payments provisions) of Act June 28, 1898, ch. 517, 30 Stat. 502, is popularly known as the "Per Capita Act".

ACT REFERRED TO IN OTHER SECTIONS

The Per Capita Act is referred to in title 20 sections 1070a-6, 1087uu-1.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 117b, 117c of this title.

§ 117b. Distribution of funds

(a) Previous contractual obligations; tax exemption Funds distributed under sections 117a to 117c of this title shall not be liable for the payment of previously contracted obligations except as may be provided by the governing body of the tribe and distributions of such funds shall be subject to the provisions of section 7 of the Act of October 19, 1973 (87 Stat. 466), as amended [25 U.S.C. 1407].

(b) Funds appropriated in satisfaction of judgments

Nothing in sections 117a to 117c of this title shall affect the requirements of the Act of October 19, 1973 (87 Stat. 466), as amended [25 U.S.C. 1401 et seq.], or of any plan approved thereunder, with respect to the use or distribu

tion of funds subject to that Act: Provided, That per capita payments made pursuant to a plan approved under that Act may be made by an Indian tribe as provided in section 117a of this title if all other provisions of the 1973 Act are met, including but not limited to, the protection of the interests of minors and incompetents in such funds.

(c) Shoshone Tribe and Arapahoe Tribe of the Wind River Reservation, Wyoming

Nothing in sections 117a to 117c of this title, except the provisions of subsection (a) of this section, shall apply to the Shoshone Tribe and the Arapahoe Tribe of the Wind River Reservation, Wyoming.

(Pub. L. 98-64, § 2, Aug. 2, 1983, 97 Stat. 365.)

REFERENCES IN TEXT

The Act of October 19, 1973 (87 Stat. 466), referred to in subsec. (b), is Pub. L. 93-134, Oct. 19, 1973, 87 Stat. 466, as amended, known as the Indian Tribal Judgment Funds Use or Distribution Act, which is classified generally to chapter 16 (§ 1401 et seq.) of this title. For complete classification of this Act to the Code, see section 1401(c) of this title and Tables.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 117c of this title.

§ 117c. Standards for approval of tribal payments; United States not liable for distribution of funds; continuing responsibility under other provisions (a) The Secretary shall, by regulation, establish reasonable standards for the approval of tribal payments pursuant to section 117a of this title and, where approval is given under such regulations, the United States shall not be liable with respect to any distribution of funds by a tribe under sections 117a to 117c of this title.

(b) Nothing in sections 117a to 117c of this title shall otherwise absolve the United States from any other responsibility to the Indians, including those which derive from the trust relationship and from any treaties, Executive orders, or agreements between the United States and any Indian tribe.

(Pub. L. 98-64, § 3, Aug. 2, 1983, 97 Stat. 365.)

DEFINITION OF SECRETARY

Secretary, referred to in subsec. (a), means the Secretary of the Interior, see section 117a of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 117b of this title.

§ 123c. Advancement of tribal funds to Indian tribes; miscellaneous authorized purposes

On and after October 12, 1984, tribal funds may be advanced to Indian tribes during each fiscal year for such purposes as may be designated by the governing body of the particular tribe involved and approved by the Secretary including: expenditures for the benefit of Indians and Indian tribes; care, tuition, and other assistance to Indian children attending public and private schools (which may be paid in ad

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