U.S. Code » Title 25 » Chapter CHAPTER 18— INDIAN HEALTH CARE

25 U.S.C. § 1602

Declaration of national Indian health policy

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Congress declares that it is the policy of this Nation, in fulfillment of its special trust responsibilities and legal obligations to Indians—(1) to ensure the highest possible health status for Indians and urban Indians and to provide all resources necessary to effect that policy;(2) to raise the health status of Indians and urban Indians to at least the levels set forth in the goals contained within the Healthy People 2010 initiative or successor objectives;(3) to ensure maximum Indian participation in the direction of health care services so as to render the persons administering such services and the services themselves more responsive to the needs and desires of Indian communities;(4) to increase the proportion of all degrees in the health professions and allied and associated health professions awarded to Indians so that the proportion of Indian health professionals in each Service area is raised to at least the level of that of the general population;(5) to require that all actions under this chapter shall be carried out with active and meaningful consultation with Indian tribes and tribal organizations, and conference with urban Indian organizations, to implement this chapter and the national policy of Indian self-determination;(6) to ensure that the United States and Indian tribes work in a government-to-government relationship to ensure quality health care for all tribal members; and(7) to provide funding for programs and facilities operated by Indian tribes and tribal organizations in amounts that are not less than the amounts provided to programs and facilities operated directly by the Service.(Pub. L. 94–437, § 3, Sept. 30, 1976, 90 Stat. 1401; Pub. L. 102–573, § 3(b), Oct. 29, 1992, 106 Stat. 4526; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)Editorial NotesReferences in Text

This chapter, referred to in par. (5), was in the original “this Act”, meaning Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Improvement Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.

Codification

Amendment by Pub. L. 111–148 is based on section 103 of title I of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148.

Amendments

2010—Pub. L. 111–148 amended section generally. Prior to amendment, section related to declaration of health objectives.

1992—Pub. L. 102–573 amended section generally. Prior to amendment, section read as follows: “The Congress hereby declares that it is the policy of this Nation, in fulfillment of its special responsibilities and legal obligation to the American Indian people, to meet the national goal of providing the highest possible health status to Indians and to provide existing Indian health services with all resources necessary to effect that policy.”

Notes of Decisions
Cited in 21 cases (4 in the last 5 years), 1977–2024 · leading case: Brackeen v. Haaland, 994 F.3d 249 (5th Cir. 2021).
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Brackeen v. Haaland, 994 F.3d 249 (5th Cir. 2021). “§ 1602 (explaining that the legislation was passed “in fulfillment of [the Government’s] special trust responsibilities and legal obligations to Indians”); Indian Self-Determination and Education Assistance Act, 25 U.S.C. § 450a(a) (“The Congress hereby recognizes the obligation…”
Rosebud Sioux Tribe v. United States, 9 F.4th 1018 (8th Cir. 2021). “” 25 U.S.C. § 1602 . The Snyder Act thus marked the beginning of Congressional funding for healthcare to all federally- recognized tribes, and the IHCIA established the structure to deliver healthcare services throughout Indian country.”
Rancheria v. Hargan, 296 F. Supp. 3d 256 (D.C. Cir. 2017). “25 U.S.C. § 1602 (7). This provision is notable for two reasons.”
White v. Califano, 437 F. Supp. 543 (D.S.D. 1977). “94-437 ( 25 U.S.C. § 1602 ) Congress declared: The Congress hereby declares that it is the policy of this Nation, in fulfillment of its special responsibilities and legal obligations to the American Indian people, to meet the national goal of providing the highest possible…”
Allred v. United States, 33 Fed. Cl. 349 (Fed. Cl. 1995). “25 U.S.C. § 1602 (1988). . The Indian Health Services Act transferred responsibility for all hospitals and health care facilities under the control of the Bureau of Indian Affairs to the IHS.”
Williams v. United States, 242 F.3d 169 (4th Cir. 2001). “” 25 U.S.C. § 1602 (a). In particular, having found that “the unmet health needs of the American Indian people are severe and the health status of the Indians is far below that of the general population of the United States,” id.”
Preston v. Heckler, 734 F.2d 1359 (9th Cir. 1984). “1401 (1976) (codified at 25 U.S.C. § 1602 (1982)). If, after giving full weight to the unique experience and background of Indians, as required by statute, the Secretary concludes that the only proper qualifications for a particular position are those that have already been…”
Blue Legs v. United States Bureau of Indian Affairs, 867 F.2d 1094 (8th Cir. 1989). “" 25 U.S.C. § 1602 . We think the IHCIA at a minimum obligates the IHS to refrain from contributing to poor health conditions on the Reservation through indifference to the disposal of the solid waste IHS produces.”
Vigil Ex Rel. Vigil v. Rhoades, 746 F. Supp. 1471 (D.N.M. 1990). “§ 13 ; 25 U.S.C. § 1602 ; Morton v. Ruiz, 415 U.”
Blue Legs v. United States Env't Prot. Agency, 668 F. Supp. 1329 (D.S.D. 1987). “25 U.S.C. § 1602 . It authorizes appropriations for the construction of safe sanitary disposal facilities.”
Yukon-Kuskokwim Health Corp. v. Trust Ins. Plan, 884 F. Supp. 1360 (D. Alaska 1994). “See 25 U.S.C. § 1602 (a). Congress enacted § 1621e as part of an effort to improve health care for Native Americans and Alaska Natives, and specifically to preserve scarce financial resources for their health care by precluding insurers from collecting premiums only to deny…”
McNabb for McNabb v. Heckler, 628 F. Supp. 544 (D. Mont. 1986). “25 U.S.C. § 1602 . After finding that the above-quoted language “is the latest statement of Congress on the trust responsibility of the federal government in relation to Indian tribes in the area of health services,” the court found a duty to act on the part of the federal…”
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