§1638a Tribal Management of Federally Owned Quarters

Summary

Tribal health programs that run a hospital or health facility and the federally owned housing tied to it under a contract or compact with the federal government may set the rents they charge, so long as they tell the Secretary first. When picking rates, the program should base them on the reasonable value to the occupants and try to raise enough money to run and keep up the housing, and can build reserve funds for big repairs if it chooses. Those federally owned quarters still qualify for federal repair and improvement money the same as other Service housing. The program must give occupants 60 days’ notice before any rent change. In Alaska, a rent can be based on comparable private housing in the nearest established community with a year-round population of 1,500 or more. A tribal health program may also choose to collect rent directly from Federal employees if it sends notice to the Secretary and to the employees. After that notice, employees must pay the tribal program directly and the Secretary cannot collect rent from their pay or any other way. The rent must be kept in a separate account used by the tribal program for operating, maintaining, and making capital repairs on the housing, and it cannot be paid into the United States Treasury. If the tribal program asks to stop collecting rent, that change takes effect either on the first day of the month at least 180 days after the request or on a different date both sides agree to.