§2415 — Title 25 Indians | U.S. Code

Summary

The Secretary of the Interior, the Attorney General, and the Secretary of Health and Human Services must make local federal buildings, land, and equipment available for community use when the law allows and when a Tribal Action Plan provides for it. School buildings under the Interior Department are included, but their local school board must approve the use. Any extra costs can be paid from available federal, tribal, State, local, or private funds if the law allows, but these agencies are not required to spend extra money. Using other funds for these costs, when the use supports the chapter’s goals, does not count as increasing the agencies’ federal appropriations. Those three officials may also enter long-term leases of tribally owned or leased buildings to run programs under this chapter when no federal building is reasonably available and building a new federal building would cost more than leasing, unless other factors favor a different choice. A tribally owned facility may be leased for a regional treatment center under section 2474(b) only if all tribes in the Indian Health Service area first agree.

Title 25, §2415

Indians — Source: USLM XML via OLRC

(a)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)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)(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) 11 See References in Text note below. 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