PRIA, Government Policy, Made Personal

Summary

The Secretary can make leases with Indian tribes for up to twenty years. The Secretary may also rebuild or fix up property leased from a tribe if the tribe agrees. The Secretary can sign leases, contracts, or other agreements with tribes or tribal organizations that own, lease, or have a beneficial interest in health facilities (including when the United States holds title in trust). Those agreements can pay tribes for costs like rent; depreciation based on the building’s useful life; principal and interest paid or accrued; operation and maintenance; and other expenses that regulations allow.

Title 25, §1674

Indians, Source: USLM XML via OLRC

(a)Notwithstanding any other provision of law, the Secretary is authorized, in carrying out the purposes of this chapter, to enter into leases with Indian tribes for periods not in excess of twenty years. Property leased by the Secretary from an Indian tribe may be reconstructed or renovated by the Secretary pursuant to an agreement with such Indian tribe.

(b)The Secretary may enter into leases, contracts, and other legal agreements with Indian tribes or tribal organizations which hold—

(1)title to;

(2)a leasehold interest in; or

(3)a beneficial interest in (where title is held by the United States in trust for the benefit of a tribe);

facilities used for the administration and delivery of health services by the Service or by programs operated by Indian tribes or tribal organizations to compensate such Indian tribes or tribal organizations for costs associated with the use of such facilities for such purposes. Such costs include rent, depreciation based on the useful life of the building, principal and interest paid or accrued, operation and maintenance expenses, and other expenses determined by regulation to be allowable.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), 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.

Amendments

1988—Pub. L. 100–713 designated existing provisions as subsec. (a) and added subsec. (b). 1980—Pub. L. 96–537 inserted provision that property leased by the Secretary from an Indian tribe may be reconstructed or renovated by the Secretary pursuant to an agreement with such Indian tribe.

§1674 Leases with Indian Tribes