25 U.S.C. § 2415
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.
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.
1 See References in Text note below.
25 U.S.C. § 2415
EDITORIAL NOTES
REFERENCES IN TEXTSection 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 (c)(2), was repealed by Pub.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.
AMENDMENTS2010-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) 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 Prevention 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 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 (b), 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)] ."
- Indian tribe
- The term "Indian tribe" means any Indian tribe, band, nation, or other organized group or community of Indians (including any Alaska Native village or regional or village corporation as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)) which is recognized as eligible for special programs and services provided by the United States to Indians because of their status as Indians.
- prevention and treatment
- The term "prevention and treatment" includes, as appropriate-(A) efforts to identify, and the identification of, Indians who are at risk with respect to, or who are abusers of, alcohol or controlled substances,(B) intervention into cases of on-going alcohol and substance abuse to halt a further progression of such abuse,(C) prevention through education and the provision of alternative activities,(D) treatment for alcohol and substance abusers to help abstain from, and alleviate the effects of, abuse,(E) rehabilitation to provide on-going assistance, either on an inpatient or outpatient basis, to help Indians reform or abstain from alcohol or substance abuse,(F) follow-up or after-care to provide the appropriate counseling and assistance on an outpatient basis, and(G) referral to other sources of assistance or resources.