§ 17. — Use of Bureau facilities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC17]
TITLE 25--INDIANS
CHAPTER 1--BUREAU OF INDIAN AFFAIRS
Sec. 17. Use of Bureau facilities
(a) 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.
(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.
(c) 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.
(Pub. L. 100-297, title V, Sec. 5405, Apr. 28, 1988, 102 Stat. 417; Pub.
L. 100-427, Sec. 25, Sept. 9, 1988, 102 Stat. 1613.)
Amendments
1988--Subsec. (a). Pub. L. 100-427, Sec. 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, Sec. 25(b), added subsec. (c).
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.
