INDIAN AFFAIRS: LAWS AND TREATIES

Vol. VI, Laws     (Compiled from February 10, 1939 to January 13, 1971)

Washington : Government Printing Office


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PUBLIC LAWS OF THE EIGHTY-FIRST CONGRESS, FIRST SESSION, 1949
Chap. 22 | Chap. 48 | Chap. 90 | Chap. 138 | Chap. 139 | Chap. 154 | Chap. 236 | Chap. 354 | Chap. 425 | Chap. 464 | Chap. 472 | Chap. 487 | Chap. 488 | Chap. 494 | Chap. 506 | Chap. 521 | Chap. 566 | Chap. 567 | Chap. 574 | Chap. 603 | Chap. 604 | Chap. 628 | Chap. 630 | Chap. 653 | Chap. 680 | Chap. 691 | Chap. 694 | Chap. 726 | Chap. 790 | Chap. 791

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Chapter 791
October 31, 1949 [S. 2404] |  [Public Law 438] 63 Stat. 1049

AN ACT
Authorizing an appropriation for the construction, extension, and improvement of a county hospital at Albuquerque, New Mexico, to provide facilities for the treatment of Indians.
Section 2 | 3

Margin Notes
Chap. 791 Hospital, Albuquerque, N. Mex. Appropriation authorized.
Chap. 791 Provision of additional funds by County.
Chap. 791 Proof of compliance.
Chap. 791 Direction and payment of actual work.
Chap. 791 Construction, operation, etc.
Chap. 791 Reimbursement for care and treatment of Indians.
Chap. 791 48 Stat. 596.
Limitation.
Chap. 791 1050
Chap. 791 Expiration of authority.
Chap. 791 Report to Congress.
Chap. 791 Waiver of requirements.
Sec. 2 Operation by State.
Sec. 2 Administration by Commissioner of Indian Affairs.
Sec. 2 Reimbursement to U.S.
Sec. 2 Return of administration to County.
Sec. 2 1051
Sec. 3 Cost of personnel, etc., supplied by Bureau of Indian Affairs.

Page 487

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $1,500,000 for the purpose of cooperating with the county of Bernalillo, State of New Mexico, in the construction of a general hospital at Albuquerque, New Mexico, on land conveyed or to be conveyed to said county by the United States, which will provide and make available when required not less than one hundred beds for Indians. The expenditure of any moneys authorized to be appropriated hereunder shall be subject to the condition that the proper authorities of Bernalillo County, State of New Mexico, promptly take the necessary steps under the laws of said States to provide such additional funds as may be required to complete the construction of such hospital, including the provision of regulation equipment in such hospital. Proof of compliance with such condition shall be submitted to the Commissioner of Indian Affairs, who may enter into such contract or contracts with said authorities relating to such hospital as shall be necessary to carry out the provisions of this Act.

(b) Actual work on such hospital shall proceed under the direction of the officials of the county of Bernalillo, State of New Mexico, and payment for such work in place shall be made monthly on vouchers properly certified by said officials to the Commissioner of Indian Affairs, whose determination and approval of the proper amount chargeable to any appropriation authorized hereunder shall be final and sufficient for payment thereof: Provided, That such hospital shall be constructed, operated, and maintained by the county of Bernalillo, State of New Mexico, or its successor operator, in accordance with standards acceptable to the State of New Mexico and shall be available to all Indians: Provided further, That the Commissioner of Indian Affairs shall reimburse the county of Bernalillo, or any successor operator of such hospital, for the care and treatment of Indians eligible under the regulations of the Secretary of the Interior for hospital and medical services who may be admitted to or treated in said hospital under the provisions of the Act of April 16, 1934, as amended (U.S.C., title 25, sees. 452454), at rates not in excess of the average annual per diem cost of operation and maintenance for the entire hospital, but in no event shall the amount of such payment by the Commissioner of Indian Affairs be less than the average annual per diem cost of operation and maintenance for 80 per centum of the beds required to be made available. The method of determining average annual per diem cost of operation and maintenance shall be agreed upon between the county of Bernalillo and the Commissioner of Indian Affairs in the contract between them relating to such hospital. Such payments shall be made by the Commissioner of Indian Affairs in the manner and at the time agreed upon in said contract: Provided further, That the authority of the Commissioner of Indian Affairs to make such payments shall expire on June 30, 1954: Provided further, That on or before December 31, 1953, the Secretary of the Interior is authorized and directed to report to the Congress his recommendations with respect to the amounts (together with the formula used in arriving at such amounts) to be paid for such purposes after June 30, 1954: And provided further, That the Commissioner of Indian Affairs may for temporary periods waive the requirements that one hundred beds always be available for Indians, if for any temporary period such a number is not needed or required, and if in return the operator agrees that the minimum charge should be proportionately reduced.

SEC. 2.

The county of Bernalillo may, with the consent of the Commissioner of Indian Affairs, permit such hospital to be operated by the State of New Mexico, or any subdivision thereof, if the laws of

Page 488

said State permit such operation. The financial cooperation provided for herein shall be conditioned upon the inclusion in the contract to be entered into between the Commissioner of Indian Affairs and the proper authorities of Bernalillo County (relating to the construction, operation, and maintenance of such hospital) of a requirement that in the event the county of Bernalillo, or any of the successor operators of such hospital, shall at any time cease or suspend, or be about to cease or suspend, the operation of such hospital, or in the event that the Secretary of the Interior, after such notice and hearing as shall be specified in such contract, shall find that there has been a willful and continuous violation of any of the conditions of section 2 of this Act, the Commissioner of Indian Affairs shall enter and take over the administration of such hospital and of all of its equipment and facilities and operate and maintain the same. In the event the Commissioner of Indian Affairs shall take over the administration of such hospital as hereinbefore provided, the Bureau of Indian Affairs shall furnish hospitalization, treatment, and medical service to non-Indians who are qualified to enter and receive services at such hospital under the laws or regulations of the county of Bernalillo, the State of New Mexico, or the applicable local subdivision of said State: Provided, That the county of Bernalillo, the State of New Mexico, or subdivision thereof, or the patient, as the case may be, shall reimburse the United States for such services, care, and treatment at rates not in excess of the average annual per diem cost of operation for the entire hospital. Such sums as shall be reimbursed to the United States shall be covered into the Treasury of the United States to the credit of the appropriation from which the hospitalization or medical services are provided, and shall be available for the operation and maintenance of the institution. If at any time after the taking over of the administration of such hospital by the Commissioner of Indian Affairs, the Board of County Commissioners of Bernalillo County, or the Board of Trustees of the Bernalillo County Hospital, or their successors, shall establish to the satisfaction of the Secretary of the Interior their willingness and ability to operate and maintain such hospital in accordance with this Act and the contract with the Commissioner of Indian Affairs, the Commissioner of Indian Affairs shall return the administration of said hospital, equipment, and facilities to said Board of County Commissioners of Bernalillo County or the Board of Trustees of the Bernalillo County Hospital, or their successors, as the case may be, for operation pursuant to the provisions of this Act and the terms of the contract with the Commissioner of Indian Affairs.

SEC. 3.

In the event that the Bureau of Indian Affairs at the request of the Board of County Commissioners of Bernalillo County, or the Board of Trustees of the Bernalillo County Hospital, or their successors, shall supply any personnel, materials, or other resources for the operation of such hospital, the cost thereof, as agreed upon by the Commissioner of Indian Affairs and the county of Bernalillo, or the State of New Mexico, or any of its subdivisions then operating such hospital, shall be deducted from the amount due and payable by the Bureau of Indian Affairs.

Approved, October 31, 1949.


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