25-U.S.C.-2415
§2415 – Federal Facilities, Property, and Equipment; Leasing of Tribal Property
Pathway
Title 25 > Chapter 26 > Subchapter II > Section 2415
Details
- Reference: Section 2415
- Legend: §2415 – Federal Facilities, Property, and Equipment; Leasing of Tribal Property
- USCode Year: 2013
Provision Content
(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 Interiors 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) of this section 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) of this section 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.
(Pub. L. 99–570, title IV, §4209, Oct. 27, 1986, 100 Stat. 3207–142; Pub. L. 100–690, title II, §2205, Nov. 18, 1988, 102 Stat. 4217; Pub. L. 111–211, title II, §241(a)(5), July 29, 2010, 124 Stat. 2289.)
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).
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. 450f], 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. 450b(l)].
U.S. Encyclopedia of Law Coverage
25-U.S.C.-2301 in the Legal Encyclopedia: Indians
In this entry about 25-U.S.C.-2301, find legal reference material, bibliographies and premiere content related to indians in the American Encyclopedia of Law, presenting a comprehensive view of the United States indians-specific issues, written by authorities in the field.
Chapter 26 – Indian Alcohol and Substance Abuse Prevention and Treatment in the Legal Encyclopedia: Alcohol
In this entry about Chapter 26 – Indian Alcohol and Substance Abuse Prevention and Treatment, find legal reference material, bibliographies and premiere content related to alcohol in the American Encyclopedia of Law, presenting a comprehensive view of the United States alcohol-specific issues, written by authorities in the field.
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