25 U.S.C. § 2415 — Federal facilities, property, and equip-

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 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 Sec- retary 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 Sec- retary 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 com- munity use. Where the use of Federal facilities, property, or equipment under subsection (a) fur- thers the purposes and goals of this chapter, the use of funds other than those funds appropriated to the Department of the Interior, the Depart- ment of Justice, or the Department of Health and Human Services to meet the additional costs associated with such use shall not con- stitute an augmentation of Federal appropria- tions. (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 facil- ity 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 re- gional treatment center to be established pursu- ant 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 ini- tially 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), in- serted ‘‘, 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 Gen- eral,’’ 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 di- rected insertion of ‘‘, the Attorney General,’’ after ‘‘the Secretary of the Interior’’, was executed by mak- ing 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) 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 Pre- vention 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 para- graph (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-De- termination and Education Assistance Act [25 U.S.C. 5321], may contract with the Tanana Chiefs Conference to staff and operate the facilities leased under sub- section (b), without a request of an Indian tribe, and Page 477 TITLE 25—INDIANS § 2432 1 See References in Text note below. without regard to the definition and proviso in section 4(l) of that Act [25 U.S.C. 5304(l)].’’ § 2416. Newsletter (a) In general The Secretary of the Interior shall publish an alcohol and substance abuse newsletter in co- operation with the Secretary of Health and Human Services and the Secretary of Education to report on Indian alcohol and substance abuse projects and programs. The newsletter shall— (1) be published once in each calendar quar- ter, (2) include reviews of programs determined by the Secretary of the Interior to be exem- plary and provide sufficient information to en- able interested persons to obtain further infor- mation about such programs, and (3) be circulated without charge to— (A) schools, (B) tribal offices, (C) Bureau of Indian Affairs’ agency and area offices, (D) Indian Health Service area and service unit offices, (E) Indian Health Service alcohol pro- grams, and (F) other entities providing alcohol and substance abuse related services or resources to Indian people. (b) Authorization of appropriations There are authorized to be appropriated to carry out this section $500,000 for fiscal year 1993 and such sums as may be necessary for each of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000. (Pub. L. 99–570, title IV, § 4210, Oct. 27, 1986, 100 Stat. 3207–143; Pub. L. 100–690, title II, § 2218, Nov. 18, 1988, 102 Stat. 4222; Pub. L. 102–573, title VII, § 703(3), Oct. 29, 1992, 106 Stat. 4583.) Editorial Notes AMENDMENTS 1992—Subsec. (b). Pub. L. 102–573 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as fol- lows: ‘‘There are authorized to be appropriated for each of the fiscal years 1989, 1990, 1991, and 1992, $300,000 to carry out the provisions of this section.’’ 1988—Pub. L. 100–690 struck out ‘‘, not later than 120 days after October 27, 1986,’’ after ‘‘the Interior shall’’, designated existing provisions as subsec. (a), and added subsec. (b). SUBCHAPTER III—INDIAN YOUTH PROGRAMS § 2431. Review of programs (a) Review In the development of the Memorandum of Agreement required by section 2411 of this title, the Secretary of the Interior, the Attorney Gen- eral, and the Secretary of Health and Human Services, in cooperation with the Secretary of Education shall review and consider— (1) Federal programs providing education services or benefits to Indian children, (2) tribal, State, local, and private edu- cational resources and programs, (3) Federal programs providing family and social services and benefits for Indian families and children, (4) Federal programs relating to youth em- ployment, recreation, cultural, and commu- nity activities, and (5) tribal, State, local, and private resources for programs similar to those cited in para- graphs (3) and (4), to determine their applicability and relevance in carrying out the purposes of this chapter. (b) Publication The results of the review conducted under sub- section (a) shall be provided to each Indian tribe as soon as possible for their consideration and use in the development or modification of a Tribal Action Plan under section 2412 of this title. (Pub. L. 99–570, title IV, § 4211, Oct. 27, 1986, 100 Stat. 3207–143; Pub. L. 111–211, title II, § 241(a)(6), July 29, 2010, 124 Stat. 2289.) Editorial Notes AMENDMENTS 2010—Subsec. (a). Pub. L. 111–211 inserted ‘‘, the At- torney General,’’ after ‘‘the Secretary of the Interior’’ in introductory provisions. § 2432. Indian education programs (a) Summer youth programs (1) In general The head of the Indian Alcohol and Sub- stance Abuse Program, in coordination with the Assistant Secretary for Indian Affairs, shall develop and implement programs in trib- al schools and schools funded by the Bureau of Indian Education (subject to the approval of the local school board or contract school board) to determine the effectiveness of sum- mer youth programs in advancing the purposes and goals of this Act. (2) Costs The head of the Indian Alcohol and Sub- stance Abuse Program and the Assistant Sec- retary shall defray all costs associated with the actual operation and support of the sum- mer youth programs in a school from funds ap- propriated to carry out this subsection. (3) Authorization of appropriations There are authorized to be appropriated to carry out the programs under this subsection $5,000,000 for each of fiscal years 2011 through 2015. (b) Use of funds Federal financial assistance made available to public or private schools because of the enroll- ment of Indian children pursuant to— (1) the Act of April 16, 1934, as amended by the Indian Education Assistance Act (25 U.S.C. 452 et seq.),1 (2) the Indian Elementary and Secondary School Assistance Act (20 U.S.C. 241aa et seq.),1 and (3) the Indian Education Act (20 U.S.C. 3385),1 may be used to support a program of instruction relating to alcohol and substance abuse preven- tion and treatment.