42 U.S.C. § 2004a : US Code - Section 2004A: Sanitation facilities

Search 42 U.S.C. § 2004a : US Code - Section 2004A: Sanitation facilities

(a) Powers of Surgeon General
In carrying out his functions under this subchapter with respect
to the provision of sanitation facilities and services, the Surgeon
General is authorized -
(1) to construct, improve, extend, or otherwise provide and
maintain, by contract or otherwise, essential sanitation
facilities, including domestic and community water supplies and
facilities, drainage facilities, and sewage- and waste-disposal
facilities, together with necessary appurtenances and fixtures,
for Indian homes, communities, and lands;
(2) to acquire lands, or rights or interests therein, including
sites, rights-of-way, and easements, and to acquire rights to the
use of water, by purchase, lease, gift, exchange, or otherwise,
when necessary for the purposes of this section, except that no
lands or rights or interests therein may be acquired from an
Indian tribe, band, group, community, or individual other than by
gift or for nominal consideration, if the facility for which such
lands or rights or interests therein are acquired is for the
exclusive benefit of such tribe, band, group, community, or
individual, respectively;
(3) to make such arrangements and agreements with appropriate
public authorities and nonprofit organizations or agencies and
with the Indians to be served by such sanitation facilities (and
any other person so served) regarding contributions toward the
construction, improvement, extension and provision thereof, and
responsibilities for maintenance thereof, as in his judgment are
equitable and will best assure the future maintenance of
facilities in an effective and operating condition; and
(4) to transfer any facilities provided under this section,
together with appurtenant interests in land, with or without a
money consideration, and under such terms and conditions as in
his judgment are appropriate, having regard to the contributions
made and the maintenance responsibilities undertaken, and the
special health needs of the Indians concerned, to any State or
Territory or subdivision or public authority thereof, or to any
Indian tribe, group, band, or community or, in the case of
domestic appurtenances and fixtures, to any one or more of the
occupants of the Indian home served thereby.
(b) Transfer and reversion of lands
The Secretary of the Interior is authorized to transfer to the
Surgeon General for use in carrying out the purposes of this
section such interest and rights in federally owned lands under the
jurisdiction of the Department of the Interior, and in Indian-owned
lands that either are held by the United States in trust for
Indians or are subject to a restriction against alienation imposed
by the United States, including appurtenances and improvements
thereto, as may be requested by the Surgeon General. Any land or
interest therein, including appurtenances and improvements to such
land, so transferred shall be subject to disposition by the Surgeon
General in accordance with paragraph (4) of subsection (a) of this
section: Provided, That, in any case where a beneficial interest in
such land is in any Indian, or Indian tribe, band, or group, the
consent of such beneficial owner to any such transfer or
disposition shall first be obtained: Provided further, That where
deemed appropriate by the Secretary of the Interior provisions
shall be made for a reversion of title to such land if it ceases to
be used for the purpose for which it is transferred or disposed.
(c) Project consultation and participation
The Surgeon General shall consult with, and encourage the
participation of, the Indians concerned, States and political
subdivisions thereof, in carrying out the provisions of this
section.