Title 25 — Indians
Chapter 1 — Bureau of Indian Affairs
§ 17. Use of Bureau facilities
Statutory text
In general
The Secretary of the Interior may permit tribal governments and organizations and student organizations to use Bureau of Indian Affairs equipment, land, buildings, and other structures if such use does not interfere with the purpose for which they are administered by the Bureau and when such use benefits Indians or Federal or federally funded programs. The Secretary may charge the user for the cost of the utilities and other expenses incurred for the use. The amounts collected shall be credited to the appropriation or fund from which the expenses are paid and shall be available until the end of the fiscal year following the fiscal year in which collected. The Secretary’s decision to not permit a use under this section is final and shall not be subject to judicial review.
Scope of authority
The authority provided by this section is in addition to, and not in derogation of, any other authority available to the Secretary of the Interior.
Limitation of liability
The payment of any fee, or agreement to pay costs, to the Secretary shall not in any way or to any extent limit the right of the United States to rely upon sovereign immunity or any State or Federal statute limiting liability or damages from injuries sustained in connection with use under this section.
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.
Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988
Pub. L. 100–297 title V § 5405 · 102 Stat. 130
Enacted · 25 U.S.C. § 17
Pub. L. 100–297, title V, § 5405, Apr. 28, 1988, 102 Stat. 417
Source evidence
Code source credit
Pub. L. 100–297, title V, § 5405, Apr. 28, 1988, 102 Stat. 417Enacted provision · exact public law section
SEC. 5405. USE OF BUREAU FACILITIES. (a) In General.— The Secretary of the Interior may permit tribal, student, and other non-Federal organizations to use facilities, lands, and equipment administered by the Bureau of Indian Affairs if such use does not interfere with the purpose for which the facilities, land, and equipment are administered by the Bureau. The Secretary of the Interior may charge the user for the actual or estimated additional cost of utilities or other expenses incurred because of the use and the amounts collected shall be credited to the appropriation or fund from which the expenses are paid. (b) Scope of Authority.— The authority provided by this section is in addition to, and not in derogation of, any other authority available to the Secretary of the Interior.Pub. L. 100–427 § 25(a) · 102 Stat. 1603
Amended · 25 U.S.C. § 17(a)
Pub. L. 100–427, § 25(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The Secretary of the Interior may permit tribal, student, and other non-Federal organizations to use facilities, lands, and equipment administered by the Bureau of Indian Affairs if such use does not interfere with the purpose for which the facilities, land, and equipment are administered by the Bureau. The Secretary of the Interior may charge the user for the actual or estimated additional cost of utilities or other expenses incurred because of the use and the amounts collected shall be credited to the appropriation or fund from which the expenses are paid.”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 100–427, § 25(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The Secretary of the Interior may permit tribal, student, and other non-Federal organizations to use facilities, lands, and equipment administered by the Bureau of Indian Affairs if such use does not interfere with the purpose for which the facilities, land, and equipment are administered by the Bureau. The Secretary of the Interior may charge the user for the actual or estimated additional cost of utilities or other expenses incurred because of the use and the amounts collected shall be credited to the appropriation or fund from which the expenses are paid.”Enacted provision · exact public law section
(a) In General.— Section 5405(a) of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988 (25 U.S.C. 17(a)) is amended to read as follows: “(a) In General.— The Secretary of the Interior may permit tribal Public lands. Public buildings and grounds. governments and organizations and student organizations to use Bureau of Indian Affairs equipment, land, buildings, and other structures if such use does not interfere with the purpose for which they are administered by the Bureau and when such use benefits Indians or Federal or federally funded programs. The Secretary may Utilities. charge the user for the cost of the utilities and other expenses incurred for the use. The amounts collected shall be credited to the appropriation or fund from which the expenses are paid and shall be available until the end of the fiscal year following the fiscal year in which collected. The Secretary’s decision to not permit a use under this section is final and shall not be subject to judicial review.”.Pub. L. 100–427 § 25(b) · 102 Stat. 1603
Added · 25 U.S.C. § 17(c)
Pub. L. 100–427, § 25(b), added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 100–427, § 25(b), added subsec. (c).Enacted provision · exact public law section
(b) Section 5405 of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988 (25 U.S.C. 17) is further amended by adding at the end thereof the following new subsection: “(c) The payment of any fee, or agreement to pay costs, to the Secretary shall not in any way or to any extent limit the right of the United States to rely upon sovereign immunity or any State or Federal statute limiting liability or damages from injuries sustained in connection with use under this section.”.
3 of 3 references resolved to an enrolled provision
Editorial Notes
Amendments
1988—Subsec. (a). Pub. L. 100–427, § 25(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The Secretary of the Interior may permit tribal, student, and other non-Federal organizations to use facilities, lands, and equipment administered by the Bureau of Indian Affairs if such use does not interfere with the purpose for which the facilities, land, and equipment are administered by the Bureau. The Secretary of the Interior may charge the user for the actual or estimated additional cost of utilities or other expenses incurred because of the use and the amounts collected shall be credited to the appropriation or fund from which the expenses are paid.”
Subsec. (c). Pub. L. 100–427, § 25(b), added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date
For effective date and applicability of section, see section 6303 of Pub. L. 100–297, set out as an Effective Date of 1988 Amendment note under section 1071 of Title 20, Education.
Credits
1988 · 2 acts
Show as published
(Pub. L. 100–297, title V, § 5405, , 102 Stat. 417; Pub. L. 100–427, § 25, , 102 Stat. 1613.)