Could Your Tribe Benefit from a ISDEAA Section 105(l) Lease?
Jameson Savage
June 11, 2024

Reading Time: 2 minutes

Since 1975 Indian Tribes and Tribal organizations have faced challenges in arranging for suitable facilities and equipment to operate programs contracted under the Indian Self-Determination Act, PL 93-638. In response, the Indian Self-Determination Act was amended in 1988 that made significant improvements in federal statutes and regulations intended to assist tribes in the operation of their contracted programs. One significant improvement was the ability of Tribes and Tribal organizations to lease Tribal facilities to the Secretary for the operation of programs contracted under PL 93-638.
Section 105(l) Leases of the Indian Self-Determination and Education Assistance Act (ISDEAA) allows Tribes and Tribal organizations to be compensated for costs incurred while carrying out their ISDEAA self-determination or self-governance at Tribal facilities.
Tribes can enter into such facility cost agreements with the Bureau of Indian Affairs (BIA), Bureau of Indian Education (BIE), and Indian Health Services (IHS), when those facilities are used to carry out programs, services, functions, and activities (PFSAs contracts).
If your Tribe uses its own facility, regardless of whether you hold the title, have a leasehold interest, or have a trust interest in the facility to operate BIA, IHS, and BIE programs, you have substantial incentive to negotiate a ISDEAA Section 105(l) Lease agreement.
Successful negotiations can significantly increase funding for your Tribal facilities used to carry out ISDEAA agreements and PL 100-297 grants and reduce the need to subsidize costs from your general funds.
We’re Here to Help
If you are interested in further discussing, Section 105(l) Leases of the Indian Self-Determination and Education Assistance Act (ISDEAA) please respond to this email or contact us directly and schedule Zoom meeting. We will schedule a quick discovery call to
understand your specific needs and set up the review process at your earliest convenience. At Blue Stone Strategy Partners, we are committed to providing you with the support and expertise needed to navigate these changes smoothly and efficiently. We look forward to assisting you in this important transition and ensuring that your Tribe and organization remains both compliant and responsive, for additional questions or concerns regarding ISDEAA Section 105(l) Lease agreements.