Us Code § 2415 - Federal facilities, property, and equipment; leasing of tribal property
Full text of Us Code United States Code § 2415 — Federal facilities, property, and equipment; leasing of tribal property, with citation guidance and answers to common questions.
§ 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, 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.
(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, 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.
(c) Leases
(1) 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.
(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.
(Pub. L. 99–570, title IV, §4209, Oct. 27, 1986, 100 Stat. 3207–142; Pub. L. 100–690, title II, §2205, Nov. 18, 1988, 102 Stat. 4217; Pub. L. 111–211, title II, §241(a)(5), July 29, 2010, 124 Stat. 2289.)
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), Oct. 29, 1992, 106 Stat. 4582.
Amendments
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), Nov. 28, 1990, 104 Stat. 4567, provided that:
"(b)
"(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)
About This Section
25 U.S.C. § 2415 is part of Title 25 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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