42 U.S.C. § 2004a

Sanitation facilities

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(a) Powers of Surgeon GeneralIn 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): 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.

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.

(Aug. 5, 1954, ch. 658, § 7, as added Pub. L. 86–121, § 1, July 31, 1959, 73 Stat. 267.)Executive DocumentsTransfer of Functions

Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Secretary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. Office of Surgeon General reestablished within the Office of the Assistant Secretary for Health, see Notice of Department of Health and Human Services, Office of the Assistant Secretary for Health, Mar. 30, 1987, 52 F.R. 11754.

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1976–2024 · leading case: Duncan v. United States, 229 Ct. Cl. 120 (Ct. Cl. 1981).

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Duncan v. United States, 229 Ct. Cl. 120 (Ct. Cl. 1981). · cites it 2× “267 (codified at 42 U.S.C. § 2004a (1976)). The Public Health Service did install some septic tank and absorption field facilities pursuant to a 1964 agreement with the Indians, but some of the absorption fields proved inadequate and no adequate water-carried sewage system was…”

Hopi Tribe v. United States, 782 F.3d 662 (Fed. Cir. 2015). “” 42 U.S.C. § 2004a(a)(l). Another statute directs the IHS to “provide health promotion .”

Santa Rosa Band of Indians v. Kings Cnty., 532 F.2d 655 (9th Cir. 1976). “services are provided under 42 U.S.C. § 2004a, using funds appropriated by P.”

Duncan v. United States, 220 Ct. Cl. 1 (Ct. Cl. 1979). · cites it 2× “267 (codified at 42 USC § 2004a (1976)). The Public Health Service did install some septic tank and absorption field facilities pursuant to a 1964 agreement with the Indians, but some of the absorption fields proved inadequate and no adequate water-carried sewage system was ever…”

Smith v. United States, 515 F. Supp. 56 (N.D. Cal. 1978). · cites it 2× “Indians agree, within a reasonable time, should be completed by the United States: Provided That with respect to sanitation facilities, as herein-above described, the functions specified in this paragraph, including agreements with Indians with respect to such facilities, shall…”

Duncan v. Andrus, 517 F. Supp. 1 (N.D. Cal. 1977). “674 ), as amended (42 U.S.C. § 2004a).” On September 3,1965, the Secretary published official notice of the termination of Robinson Ranchería in the Federal Register.”

The Hopi Tribe, a Federally Recognized Indian Tribe v. United States, 113 Fed. Cl. 43 (Fed. Cl. 2013). “for Indian homes, communities and lands,” 42 U.S.C. § 2004a(a)(1). Moreover, points out plaintiff, the Secretary of the Interior is authorized and directed to “undertake .”

Blue Legs v. United States Env't Prot. Agency, 668 F. Supp. 1329 (D.S.D. 1987). “§ 13 ; the Indian Sanitation Facilities Act, 42 U.S.C. § 2004a; the Indian Health Care Improvement Act (IHCIA), 25 U.”

Table Bluff Band of Indians v. Andrus, 532 F. Supp. 255 (N.D. Cal. 1981). · cites it 2× “dians agree, within a reasonable time, should be completed by the United States: Provided, That with respect to sanitation facilities, as herein-before described, the functions specified in this paragraph, including agreements with Indians with respect to such facilities, shall…”

Anderson v. United States, 764 F.2d 849 (Fed. Cir. 1985). “Appellants are construction workers in Alaska who from time to time were employed under authority of 42 U.S.C. § 2004a (1982) by the IHS, beginning for some of them in the mid-1970s, for the construction of essential water and sanitary facilities for Indian communities located…”

Barrientos v. Walker (E.D. Cal. 2024). “267 (codified at 42 U.S.C. § 2004a(a)(1) (1976)). IHS carries out its authority through its Sanitation Facilities Construction Program.”

— 42 U.S.C. § 2004a(a)(1) — 2 cases

Barrientos v. Walker (E.D. Cal. 2024). “267 (codified at 42 U.S.C. § 2004a(a)(1) (1976)). IHS carries out its authority through its Sanitation Facilities Construction Program.”

— 42 U.S.C. § 2004a(a)(l) — 1 case

Hopi Tribe v. United States, 782 F.3d 662 (Fed. Cir. 2015). “” 42 U.S.C. § 2004a(a)(l). Another statute directs the IHS to “provide health promotion .”

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