Title 25 — Indians
Chapter 26 — Indian Alcohol and Substance Abuse Prevention and Treatment
§ 2415. Federal facilities, property, and equipment; leasing of tribal property
Statutory text
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.
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.
Leases
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.
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) 1 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.
Footnotes
- 1 See References in Text note below.
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.
Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986
Pub. L. 99–570 title IV § 4209 · 100 Stat. 3207
Enacted · 25 U.S.C. § 2415
Pub. L. 99–570, title IV, § 4209, Oct. 27, 1986, 100 Stat. 3207–142
Source evidence
Code source credit
Pub. L. 99–570, title IV, § 4209, Oct. 27, 1986, 100 Stat. 3207–142Enacted provision · exact public law section
SEC. 4209. FEDERAL FACILITIES. PROPERTY. AND EQUIPMENT. (a) Facility Availability.— In the furtherance of the purposes and goals of this subtitle, the Secretary of the Interior 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 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 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 subtitle, the use of funds other than those funds appropriated to the Department of the Interior 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.Anti-Drug Abuse Act of 1988
Pub. L. 100–690 § 2205(1) · 102 Stat. 4181
Inserted · 25 U.S.C. § 2415
Pub. L. 100–690, § 2205(1), inserted “; leasing of tribal property” in section catchline
Source evidence
Code amendment note
Pub. L. 100–690, § 2205(1), inserted “; leasing of tribal property” in section catchline.Enacted provision · exact public law section
(1) by amending the heading to read as follows: “SEC. 4209. FEDERAL FACILITIES, PROPERTY, AND EQUIPMENT; LEASING OF TRIBAL PROPERTY.”; andAnti-Drug Abuse Act of 1988
Pub. L. 100–690 § 2205(2) · 102 Stat. 4181
Added · 25 U.S.C. § 2415(c)
Pub. L. 100–690, § 2205(2), added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 100–690, § 2205(2), added subsec. (c).Enacted provision · exact public law section
(2) by adding at the end thereof the following new subsection (c): “(c) Leases.— (1) The Secretary of the Interior 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 subtitle 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 4227(b) 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.”.Tribal Law and Order Act of 2010
Pub. L. 111–211 § 241(a)(5)(A) · 124 Stat. 2258
Inserted · 25 U.S.C. § 2415(a)
Pub. L. 111–211, § 241(a)(5)(A), inserted “, the Attorney General,” after “the Secretary of the Interior”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 111–211, § 241(a)(5)(A), inserted “, the Attorney General,” after “the Secretary of the Interior”.Enacted provision · exact public law section
(A) in subsection (a), by inserting “, the Attorney General,” after “the Secretary of the Interior”;Tribal Law and Order Act of 2010
Pub. L. 111–211 § 241(a)(5)(B) · 124 Stat. 2258
Inserted · 25 U.S.C. § 2415(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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(B) in subsection (b)— (i) in the first sentence, by inserting “, the Attorney General,” after “the Secretary of the Interior”; (ii) in the second sentence, by inserting “, nor the Attorney General,” after “the Secretary of the Interior”; and (iii) in the third sentence, by inserting “, the Department of Justice,” after “the Department of the Interior”; andTribal Law and Order Act of 2010
Pub. L. 111–211 § 241(a)(5)(C) · 124 Stat. 2258
Changed · 25 U.S.C. § 2415(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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(C) in subsection (c)(1), by inserting “, the Attorney General,” after “the Secretary of the Interior”.
6 of 6 references resolved to an enrolled provision
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), , 106 Stat. 4582.
Amendments1988–2010 · 2 rounds
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), , 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)].”
Credits
1986–2010 · 3 acts
- 1986Pub. L. 99–570, title IV, § 4209, , 100 Stat. 3207–142
- 1988Pub. L. 100–690, title II, § 2205, , 102 Stat. 4217
- 2010Pub. L. 111–211, title II, § 241(a)(5), , 124 Stat. 2289.
Show as published
(Pub. L. 99–570, title IV, § 4209, , 100 Stat. 3207–142; Pub. L. 100–690, title II, § 2205, , 102 Stat. 4217; Pub. L. 111–211, title II, § 241(a)(5), , 124 Stat. 2289.)