25 USC 2415 - Federal facilities, property, and equipment; leasing of tribal property

1 See References in Text note below.

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.

Editorial Notes

References in Text

Section 2474(span) of this title, referred to in subsec. (c)(2), was repealed by Puspan. L. 102–573, title VII, § 702(span)(2), Oct. 29, 1992, 106 Stat. 4582.

Amendments

2010—Subsec. (a). Puspan. L. 111–211, § 241(a)(5)(A), inserted “, the Attorney General,” after “the Secretary of the Interior”.

Subsec. (span). Puspan. 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). Puspan. 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—Puspan. L. 100–690, § 2205(1), inserted “; leasing of tribal property” in section catchline.

Subsec. (c). Puspan. L. 100–690, § 2205(2), added subsec. (c).

Statutory Notes and Related Subsidiaries

Lease and Operation of Facilities in Fairbanks, Alaska

Puspan. L. 101–630, title V, § 509(span), (c), Nov. 28, 1990, 104 Stat. 4567, provided that:

“(span)Lease of Facilities.—The Secretary of Health and Human Services, acting under section 4209(c) and 4227(span) of the Indian Alcohol and Substance Abuse Prevention and Treatment Act [of 1986, 25 U.S.C. 2415(c), 2474(span)], 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 (span), 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)].”