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Title 25 — Indians

Chapter 18 — Indian Health Care

§ 1674. Leases with Indian tribes

Statutory text

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Indian Health Care Improvement Act

    Pub. L. 94–437 title VIII § 804 · 90 Stat. 1400

    Enacted · 25 U.S.C. § 1674

    Pub. L. 94–437, title VIII, § 804, formerly title VII, § 704, Sept. 30, 1976, 90 Stat. 1414

    Source evidence

    Code source credit
    Pub. L. 94–437, title VIII, § 804, formerly title VII, § 704, Sept. 30, 1976, 90 Stat. 1414

  2. Indian Health Care Amendments of 1980

    Pub. L. 96–537 § 8(a) · 94 Stat. 3173

    Inserted · 25 U.S.C. § 1674

    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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (a) Section 704 is amended by adding the following new 25 USC 1674. sentence at the end thereof: “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.”.

  3. Indian Health Care Amendments of 1988

    Pub. L. 100–713 title VII § 701 · 102 Stat. 4784

    1. Amended · 25 U.S.C. § 1674

      Pub. L. 100–713 designated existing provisions as subsec. (a)

    2. Added · 25 U.S.C. § 1674

      Pub. L. 100–713 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 100–713 designated existing provisions as subsec. (a) and added subsec. (b).

    Enacted provision · exact public law section
    Sec. 701. leasing and other contracts Section 704 (25 U.S.C. 1674) is amended— (1) by striking out “Notwithstanding”, and inserting in lieu thereof “(a) Notwithstanding”, and (2) by adding at the end thereof the following new subsection: “(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.”.

3 of 4 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 94–437, , 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.

Amendments1980–1988 · 2 rounds

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.

Credits

1976–1992 · 4 acts
  1. 1976Pub. L. 94–437, title VIII, § 804, formerly title VII, § 704, , 90 Stat. 1414
  2. 1980Pub. L. 96–537, § 8(a), , 94 Stat. 3179
  3. 1988Pub. L. 100–713, title VII, § 701, , 102 Stat. 4826
  4. 1992renumbered title VIII, § 804, Pub. L. 102–573, title VII, § 701(a), (b), , 106 Stat. 4572.
Show as published

(Pub. L. 94–437, title VIII, § 804, formerly title VII, § 704, , 90 Stat. 1414; Pub. L. 96–537, § 8(a), , 94 Stat. 3179; Pub. L. 100–713, title VII, § 701, , 102 Stat. 4826; renumbered title VIII, § 804, Pub. L. 102–573, title VII, § 701(a), (b), , 106 Stat. 4572.)

Parsed from the official OLRC USLM XML in data/usc_all/usc25.xml · release point 119-108 · OLRC build 2026-05-06

USLM identifier /us/usc/t25/s1674