§ 2415. — Federal facilities, property, and equipment; leasing of tribal property.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2415]
TITLE 25--INDIANS
CHAPTER 26--INDIAN ALCOHOL AND SUBSTANCE ABUSE PREVENTION AND TREATMENT
SUBCHAPTER II--COORDINATION OF RESOURCES AND PROGRAMS
Sec. 2415. Federal facilities, property, and equipment; leasing
of tribal property
(a) Facility availability
In the furtherance of the purposes and goals of this chapter, 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) of this section 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) 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 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 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) \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.
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\1\ See References in Text note below.
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(Pub. L. 99-570, title IV, Sec. 4209, Oct. 27, 1986, 100 Stat. 3207-142;
Pub. L. 100-690, title II, Sec. 2205, Nov. 18, 1988, 102 Stat. 4217.)
References in Text
Section 2474(b) of this title, referred to in subsec. (c)(2), was
repealed by Pub. L. 102-573, title VII, Sec. 702(b)(2), Oct. 29, 1992,
106 Stat. 4582. See section 1665c(b) of this title.
Amendments
1988--Pub. L. 100-690, Sec. 2205(1), inserted ``; leasing of tribal
property'' in section catchline.
Subsec. (c). Pub. L. 100-690, Sec. 2205(2), added subsec. (c).
Lease and Operation of Facilities in Fairbanks, Alaska
Pub. L. 101-630, title V, Sec. 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)].''
