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25 U.S.C. § 2415 — Federal facilities, property, and equipment; leasing of tribal property
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2415
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Source file: Laws/federal/codes/united-states-code/title-25/section-2415-federal-facilities-property-and-equipment-leasing-of-tribal-property--9be468ec93.md
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Source location: Title 25, Chapter 26, § 2415; chapter-026-indian-alcohol-and-substance-abuse-prevention-and-treatment.md
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**(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) 11 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings respecting historical and special legal relationship, and resultant responsibilities** The Congress, after careful review of the Federal Government’s historical and special legal relationship with, and resulting responsibilities to, American Indian people, finds that—
(1) the prolonged Federal domination of Indian service programs has served to retard rather than enhance the progress of Indian people and their communities by depriving Indians of the full opportunity to develop leadership skills crucial to the realization of self-government, and has denied to the Indian people an effective voice in the planning and implementation of programs for the benefit of Indians which are responsive to the true needs of Indian communities; and
(2) the Indian people will never surrender their desire to control their relationships both among themselves and with non-Indian governments, organizations, and persons.
**(b) Further findings** The Congress further finds that—
(1) true self-determination in any society of people is dependent upon an educational process which will insure the development of qualified people to fulfill meaningful leadership roles;
(2) the Federal responsibility for and assistance to education of Indian children has not effected the desired level of educational achievement or created the diverse opportunities and personal satisfaction which education can and should provide; and
(3) parental and community control of the educational process is of crucial importance to the Indian people.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5321
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** There are authorized to be appropriated such sums as may be necessary to carry out this subchapter.
**(b) Availability of appropriations** Notwithstanding any other provision of this chapter, the provision of funds under this chapter shall be subject to the availability of appropriations and the Secretary is not required to reduce funding for programs, projects, or activities serving a tribe in order to make funds available to another tribe or tribal organization under this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5304
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Federal law — U.S. Code and appendices · legal_authorities
Page 476
TITLE 25—INDIANS
§ 2415
1 See References in Text note below.
tribe as soon as possible for their consideration
and use in the development or modification of a
Tribal Action Plan.
(Pub. L. 99–570, title IV, § 4208A, formerly § 4224,
Oct. 27, 1986, 100 Stat. 3207–148; renumbered
§ 4208A, Pub. L. 102–573, title VII, § 702(b)(1), Oct.
29, 1992, 106 Stat. 4582; amended Pub. L. 111–211,
title II, § 241(a)(4), July 29, 2010, 124 Stat. 2289.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 2471 of this
title prior to renumbering by Pub. L. 102–573.
Pub. L. 111–211, § 241(a)(4), which directed amendment
of section 4208a of the Indian Alcohol and Substance
Abuse Prevention and Treatment Act of 1986, was exe-
cuted to this section, which is section 4208A of the Act,
to reflect the probable intent of Congress. See 2010
Amendment note below.
AMENDMENTS
2010—Subsec. (a). Pub. L. 111–211 inserted ‘‘, the At-
torney General,’’ after ‘‘the Secretary of the Interior’’
in introductory provisions. See Codification note
above.
§ 2415. Federal facilities, property, and equip-
ment; 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 equip-
ment, including school facilities. Such facility
availability shall include school facilities under
the Secretary of the Interior’s jurisdiction: Pro-
vided, That the use of any school facilities shall
be conditioned upon approval of the local school
board with jurisdiction o
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 2415
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