25 U.S.C. § 2415: Federal facilities…

Summary

The Secretary of the Interior, the Attorney General, and the Secretary of Health and Human Services must, when the law allows and as part of a Tribal Action Plan, make local federal buildings, land, and equipment available for community use. This can include school buildings under Interior control, but any use of a school building must be approved by the local school board. Extra costs from community use can be paid from federal, tribal, state, local, or private funds if the law permits, but those three agencies are not required to spend extra money. Using other funds to cover costs that help the chapter’s goals does not count as increasing federal appropriations. Those officials may also enter into long-term leases of tribally owned or leased buildings to run programs under this chapter if no federal facility is reasonably available and building a new federal facility would cost more than leasing, unless other reasons favor a lease. A tribally owned or leased site can be leased for a regional treatment center under section 2474(b) only if every tribe in the Indian Health Service area to be served gives initial consent.

Title 25, §2415

Indians, Source: USLM XML via OLRC

(a)Facility availability

In the furtherance of the purposes and goals of this chapter, the Secretary of the Interior, the Attorney General, and the Secretary of Health and Human Services shall make available for community use, to the extent permitted by law and as may be provided in a Tribal Action Plan, local Federal facilities, property, and equipment, including school facilities. Such facility availability shall include school facilities under the Secretary of the Interior’s jurisdiction: Provided, That the use of any school facilities shall be conditioned upon approval of the local school board with jurisdiction over such school.

(b)Costs

Any additional cost associated with the use of Federal facilities, property, or equipment under subsection (a) may be borne by the Secretary of the Interior, the Attorney General, and the Secretary of Health and Human Services out of available Federal, tribal, State, local, or private funds, if not otherwise prohibited by law. This subsection does not require the Secretary of the Interior, nor the Attorney General, nor the Secretary of Health and Human Services to expend additional funds to meet the additional costs which may be associated with the provision of such facilities, property, or equipment for community use. Where the use of Federal facilities, property, or equipment under subsection (a) furthers the purposes and goals of this chapter, the use of funds other than those funds appropriated to the Department of the Interior, the Department of Justice, or the Department of Health and Human Services to meet the additional costs associated with such use shall not constitute an augmentation of Federal appropriations.

(c)Leases

(1)The Secretary of the Interior, the Attorney General, and the Secretary of Health and Human Services are authorized to enter into long-term leases of tribally owned or leased facilities to house programs established by this chapter where they determine that there is no Federal facility reasonably available for such purpose and the cost of constructing a new Federal facility would exceed the cost of such Federal lease unless they determine that mitigating factors favor such a lease.

(2)A tribally owned or leased facility may be leased pursuant to this authority to house a regional treatment center to be established pursuant to section 2474(b) of this title only if all the tribes within the Indian Health Service area to be served by such regional treatment center initially consent to such Federal lease.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 2474(b) of this title, referred to in subsec. (c)(2), was repealed by Pub. L. 102–573, title VII, § 702(b)(2), Oct. 29, 1992, 106 Stat. 4582.

Amendments

2010—Subsec. (a). Pub. L. 111–211, § 241(a)(5)(A), inserted “, the Attorney General,” after “the Secretary of the Interior”. Subsec. (b). Pub. L. 111–211, § 241(a)(5)(B), inserted “, the Attorney General,” after “the Secretary of the Interior” in first sentence, “, nor the Attorney General,” after “the Secretary of the Interior” in second sentence, and “, the Department of Justice,” after “the Department of the Interior” in third sentence. Subsec. (c)(1). Pub. L. 111–211, § 241(a)(5)(C), which directed insertion of “, the Attorney General,” after “the Secretary of the Interior”, was executed by making the insertion after “The Secretary of the Interior”, to reflect the probable intent of Congress. 1988—Pub. L. 100–690, § 2205(1), inserted “; leasing of tribal property” in section catchline. Subsec. (c). Pub. L. 100–690, § 2205(2), added subsec. (c).

Statutory Notes and Related Subsidiaries

Lease and Operation of Facilities in Fairbanks, Alaska Pub. L. 101–630, title V, § 509(b), (c), Nov. 28, 1990, 104 Stat. 4567, provided that: “(b) Lease of Facilities.—The Secretary of Health and Human Services, acting under section 4209(c) and 4227(b) of the Indian Alcohol and Substance Abuse Prevention and Treatment Act [of 1986, 25 U.S.C. 2415(c), 2474(b)], may—“(1) without regard to section 4209(c)(2) of that Act, lease from the Tanana Chiefs Conference facilities that are located in Fairbanks, Alaska, and that the Tanana Chiefs Conference has leased from another entity, and “(2) if the Secretary enters into a lease under paragraph (1) for at least 40 years, renovate the facilities to the extent needed. “(c) Self-Determination Contracts for Staffing and Operation.—The Secretary of Health and Human Services, acting under section 102 of the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5321], may contract with the Tanana Chiefs Conference to staff and operate the facilities leased under subsection (b), without a request of an Indian tribe, and without regard to the definition and proviso in section 4(l) of that Act [25 U.S.C. 5304(l)].”

§2415 Federal Facilities, Property, and Equipment; Leasing of Tribal Property