§ 2433 TITLE 25—INDIANS Page 610

1See References in Text note below.

mine the effectiveness of summer youth programs in furthering the purposes and goals of

this chapter. The Assistant Secretary shall defray all costs associated with the actual operation and support of the pilot programs in the

school from funds appropriated for this section.

For the pilot programs there are authorized to

be appropriated such sums as may be necessary

for each of the fiscal years 1993, 1994, 1995, 1996,

1997, 1998, 1999, and 2000.

(b) Use of funds

Federal financial assistance made available to

public or private schools because of the enrollment 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.),

(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 prevention and treatment.

(Pub. L. 99–570, title IV, §4212, Oct. 27, 1986, 100

Stat. 3207–144; Pub. L. 100–690, title II, §2206,

Nov. 18, 1988, 102 Stat. 4218; Pub. L. 102–573, title

VII, §703(4), Oct. 29, 1992, 106 Stat. 4583.)

REFERENCES IN TEXT

Act of April 16, 1934, referred to in subsec. (b)(1), is

act Apr. 16, 1934, ch. 147, 48 Stat. 596, as amended, popularly known as the Johnson-O’Malley Act, which is

classified generally to section 452 et seq. of this title.

For complete classification of this Act to the Code, see

Short Title note set out under section 452 of this title

and Tables.

The Indian Education Assistance Act, referred to in

subsec. (b)(1), is title II of Pub. L. 93–638, Jan. 4, 1975,

88 Stat. 2213, which enacted part C (§458a et seq.) of subchapter II of chapter 14 of this title, sections 455 to 457

of this title, and provisions set out as a note under section 457 of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 450 of this title and Tables.

The Indian Elementary and Secondary School Assistance Act, referred to in subsec. (b)(2), is title III of act

Sept. 30, 1950, ch. 1124, as added by Pub. L. 92–318, title

IV, §411(a), June 23, 1972, 86 Stat. 335, as amended,

which was classified generally to subchapter III (§241aa

et seq.) of chapter 13 of Title 20, Education, and was repealed by Pub. L. 100–297, title V, §5352(1), Apr. 28, 1988,

102 Stat. 414.

The Indian Education Act, referred to in subsec.

(b)(3), is title IV of Pub. L. 92–318, June 23, 1972, 86 Stat.

334, as amended. Section 3385 of Title 20, which was enacted by section 421(a) of the Act, was repealed by Pub.

L. 100–297, title V, §5352(2), Apr. 28, 1988. For complete

classification of this Act to the Code, see Tables.

AMENDMENTS

1992—Subsec. (a). Pub. L. 102–573 substituted ‘‘1993,

1994, 1995, 1996, 1997, 1998, 1999, and 2000’’ for ‘‘1989, 1990,

1991, and 1992’’.

1988—Subsec. (a). Pub. L. 100–690 substituted ‘‘1989,

1990, 1991, and 1992’’ for ‘‘1987, 1988, and 1989’’.

§ 2433. Emergency shelters

(a) In general

A Tribal Action Plan adopted pursuant to section 2412 of this title may make such provisions

as may be necessary and practical for the establishment, funding, licensing, and operation of

emergency shelters or half-way houses for Indian youth who are alcohol or substance abusers, including youth who have been arrested for

offenses directly or indirectly related to alcohol

or substance abuse. Half-way houses may be

used as either intake facilities or aftercare facilities for youth admitted, or to be admitted,

for long-term treatment of substance abuse. The

Indian Health Service, the Bureau of Indian Affairs, and the tribes are authorized to use their

respective resources to adequately staff and operate any such facility.

(b) Referrals

(1) In any case where an Indian youth is arrested or detained by the Bureau of Indian Affairs or tribal law enforcement personnel for an

offense relating to alcohol or substance abuse,

other than for a status offense as defined by the

Juvenile Justice and Delinquency Prevention

Act of 1974 [42 U.S.C. 5601 et seq.], under circumstances where such youth may not be immediately restored to the custody of his parents or

guardians and where there is space available in

an appropriately licensed and supervised emergency shelter or half-way house, such youth

shall be referred to such facility in lieu of incarceration in a secured facility unless such youth

is deemed a danger to himself or to other persons.

(2) In any case where there is a space available

in an appropriately licensed and supervised

emergency shelter or half-way house, the Bureau of Indian Affairs and tribal courts are encouraged to refer Indian youth convicted of offenses directly or indirectly related to alcohol

and substance abuse to such facilities in lieu of

sentencing to incarceration in a secured juvenile

facility.

(c) Direction to States

In the case of any State that exercises criminal jurisdiction over any part of Indian country

under section 1162 of title 18 or section 1321 of

this title, such State is urged to require its law

enforcement officers to—

(1) place any Indian youth arrested for any

offense related to alcohol or substance abuse

in a temporary emergency shelter described in

subsection (d) of this section or a communitybased alcohol or substance abuse treatment facility in lieu of incarceration to the extent

such facilities are available, and

(2) observe the standards promulgated under

subsection (d) of this section.

(d) Standards

The Assistant Secretary of Indian Affairs

shall, as part of the development of the Memorandum of Agreement set out in section 2411 of

this title, promulgate standards by which the

emergency shelters established under a program

pursuant to subsection (a) of this section shall

be established and operated.

(e) Authorization

(1) For the planning and design, construction,

and renovation of, or purchase or lease of land

or facilities for, emergency shelters and halfway houses to provide emergency care for Indian
Page 611 TITLE 25—INDIANS § 2434

1So in original. Probably should be ‘‘half-way’’.

2See References in Text note below.

youth, there are authorized to be appropriated

$10,000,000 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.

(2) For the staffing and operation of emergency shelters and half-way houses, there are

authorized to be appropriated $5,000,000 for fiscal

year 1993 and $7,000,000 for each of the fiscal

years 1994, 1995, 1996, 1997, 1998, 1999, and 2000.

(3) The Secretary of the Interior shall allocate

funds appropriated pursuant to this subsection

on the basis of priority of need of the various Indian tribes and such funds, when allocated, shall

be subject to contracting or available for grants

pursuant to the Indian Self-Determination Act

[25 U.S.C. 450f et seq.].

(4) Funds appropriated under the authority of

this subsection may be used by any Indian tribe

or tribal organization to purchase or lease any

land or facilities if—

(A) the Secretary of the Interior determines

that no Federal land or facilities are reasonably available for emergency shelters or

halfway1 houses described in subsection (a) of

this section to serve the needs of that Indian

tribe or tribal organization, and

(B) the Indian tribe or tribal organization

enters into an agreement with the Secretary

of the Interior that requires the Indian tribe

or tribal organization to use the land or facilities for emergency shelters or half-way houses

described in subsection (a) of this section.

(5) Nothing in this chapter 2 may be construed—

(A) to limit the authority for contracts with,

or grants to, Indian tribes or tribal organizations under the Indian Self-Determination Act

[25 U.S.C. 450f et seq.] for the construction, improvement, renovation, operation, repair, land

acquisition, or maintenance of tribal juvenile

detention facilities, emergency shelters, or

half-way houses, or

(B) to require a lease of tribal facilities to

the United States to qualify for financial assistance for the facilities under this chapter or

any other Act.

(Pub. L. 99–570, title IV, §4213, Oct. 27, 1986, 100

Stat. 3207–144; Pub. L. 100–690, title II, §2207,

Nov. 18, 1988, 102 Stat. 4218; Pub. L. 101–272, Apr.

18, 1990, 104 Stat. 137; Pub. L. 102–573, title VII,

§703(5), Oct. 29, 1992, 106 Stat. 4583.)

REFERENCES IN TEXT

The Juvenile Justice and Delinquency Prevention

Act of 1974, referred to in subsec. (b)(1), is Pub. L.

93–415, Sept. 7, 1974, 88 Stat. 1109, as amended, which is

classified principally to chapter 72 (§5601 et seq.) of

Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title

note set out under section 5601 of Title 42 and Tables.

The Indian Self-Determination Act, referred to in

subsec. (e)(3), (5)(A), is title I of Pub. L. 93–638, Jan. 4,

1975, 88 Stat. 2206, as amended, which is classified principally to part A (§450f et seq.) of subchapter II of chapter 14 of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 450 of this title and Tables.

This chapter, referred to in subsec. (e)(5), was in the

original ‘‘this Act’’ and was translated as reading ‘‘this

subtitle’’, meaning subtitle C of title IV of Pub. L.

99–570, Oct. 27, 1986, 100 Stat. 3207–137, as amended,

known as the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986, which is classified

generally to this chapter, to reflect the probable intent

of Congress. For complete classification of subtitle C to

the Code, see Short Title note set out under section

2401 of this title and Tables.

AMENDMENTS

1992—Subsec. (e)(1), (2). Pub. L. 102–573 amended pars.

(1) and (2) generally. Prior to amendment, pars. (1) and

(2) read as follows:

‘‘(1) For the planning and design, construction, and

renovation of, or purchase or lease of land or facilities

for, emergency shelters or half-way houses to provide

emergency care for Indian youth, there is authorized to

be appropriated $5,000,000 for the fiscal year 1989 and

$3,000,000 for each of the fiscal years 1990, 1991, and 1992.

‘‘(2) For the staffing and operation of emergency shelters and half-way houses, there is authorized to be appropriated $3,000,000 for the fiscal year 1989 and

$3,000,000 for fiscal year 1990. An amount equal to the

amount of funds appropriated pursuant to this paragraph for fiscal year 1990 shall be included in the base

budget of the Bureau of Indian Affairs and funding

thereafter shall be pursuant to section 13 of this title.’’

1990—Subsec. (e)(1). Pub. L. 101–272, §1(1), inserted

‘‘, or purchase or lease of land or facilities for,’’ after

‘‘renovation of’’.

Subsec. (e)(3). Pub. L. 101–272, §1(2), inserted ‘‘or

available for grants’’ after ‘‘subject to contracting’’.

Subsec. (e)(4), (5). Pub. L. 101–272, §1(3), added pars. (4)

and (5).

1988—Subsec. (a). Pub. L. 100–690, §2207(a), inserted

provisions which permitted half-way houses to be used

as either intake facilities or aftercare facilities, and

authorized Indian Health Service, Bureau of Indian Affairs, and tribes to use resources to staff and operate

such facilities.

Subsec. (e). Pub. L. 100–690, §2207(b), amended subsec.

(e) generally. Prior to amendment, subsec. (e) read as

follows: ‘‘For the planning and design, construction,

and renovation of emergency shelters or half-way

houses to provide emergency care for Indian youth,

there is authorized to be appropriated $5,000,000 for

each of the fiscal years 1987, 1988, and 1989. For the operation of emergency shelters or half-way houses there

is authorized to be appropriated $3,000,000 for each of

the fiscal years 1987, 1988, and 1989. The Secretary of the

Interior shall allocate funds appropriated pursuant to

this subsection on the basis of priority of need of the

various Indian tribes and such funds, when allocated,

shall be subject to contracting pursuant to the Indian

Self-Determination Act.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1665d of this

title.

§ 2434. Social services reports

(a) Data

The Secretary of the Interior, with respect to

the administration of any family or social services program by the Bureau of Indian Affairs directly or through contracts under the Indian

Self-Determination Act [25 U.S.C. 450f et seq.],

shall require the compilation of data relating to

the number and types of child abuse and neglect

cases seen and the type of assistance provided.

Additionally, such data should also be categorized to reflect those cases that involve, or

appear to involve, alcohol and substance abuse,

those cases which are recurring, and those cases

which involve other minor siblings.

(b) Referral of data

The data compiled pursuant to subsection (a)

of this section shall be provided annually to the