Page 665 TITLE 25—INDIANS § 3210

tribal organization as a Center if all of the

tribes to be served by the Center agree to such

designation.

(h) Authorization of appropriations

There are authorized to be appropriated to

carry out the provisions of this section $3,000,000

for each of the fiscal years 1992, 1993, 1994, 1995,

1996, and 1997.

(Pub. L. 101–630, title IV, §410, Nov. 28, 1990, 104

Stat. 4552; Pub. L. 104–16, §1, June 21, 1995, 109

Stat. 190.)

REFERENCES IN TEXT

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

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

title’’, meaning title IV of Pub. L. 101–630, Nov. 28, 1990,

104 Stat. 4544, known as the Indian Child Protection

and Family Violence Prevention Act, which is classified principally to this chapter, to reflect the probable

intent of Congress. For complete classification of title

IV to the Code, see Short Title note set out under section 3201 of this title and Tables.

The Indian Self-Determination Act, referred to in

subsec. (g), 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.

AMENDMENTS

1995—Subsec. (h). Pub. L. 104–16 substituted ‘‘1995,

1996, and 1997’’ for ‘‘and 1995’’.

TERMINATION OF ADVISORY BOARDS

Advisory boards established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a board established by the President

or an officer of the Federal Government, such board is

renewed by appropriate action prior to the expiration

of such 2-year period, or in the case of a board established by the Congress, its duration is otherwise provided for by law. See sections 3(2) and 14 of Pub. L.

92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3206 of this title.

§ 3210. Indian Child Protection and Family Violence Prevention Program

(a) Establishment

The Secretary shall establish within the Bureau an Indian Child Protection and Family Violence Prevention Program to provide financial

assistance to any Indian tribe, tribal organization, or inter-tribal consortium for the development of an Indian Child Protection and Family

Violence Prevention program.

(b) Indian Self-Determination Act agreements

The Secretary is authorized to enter into

agreements with Indian tribes, tribal organizations, or inter-tribal consortia pursuant to the

Indian Self-Determination Act [25 U.S.C. 450f et

seq.] for the establishment of Indian Child Protection and Family Violence Prevention programs on Indian reservations.

(c) Investigation and treatment and prevention

of child abuse and family violence

An Indian tribe operating an Indian Child Protection and Family Violence Prevention program established under this section shall designate the agency or officials which shall be responsible—

(1) for the investigation of reported cases of

child abuse and child neglect; and

(2) for the treatment and prevention of incidents of family violence; and

(3) for the provision of immediate shelter

and related assistance for victims of family

violence and their dependents.

(d) Program responsibilities and functions

Funds provided pursuant to this section may

be used for—

(1) the establishment of a child protective

services program which may include—

(A) the employment of child protective

services staff to investigate cases of child

abuse and child neglect,

(B) training programs for child protective

services personnel, law enforcement personnel, and judicial personnel in the investigation, prevention, and treatment of cases of

child abuse and child neglect, and

(C) purchase of equipment to assist in the

investigation of cases of child abuse and

child neglect;

(2) the establishment of a family violence

prevention and treatment program which may

include—

(A) the employment of family violence

prevention and treatment staff to respond to

incidents of family violence,

(B) the provision of immediate shelter and

related assistance for victims of family violence and their dependents,

(C) training programs for family violence

prevention and treatment personnel, law enforcement personnel, and judicial personnel

in the investigation, prevention, and treatment of cases of family violence; and

(D) construction or renovation of facilities

for the establishment of family violence

shelters;

(3) the development and implementation of a

multidisciplinary child abuse investigation

and prosecution program which may—

(A) coordinate child abuse prevention, investigation, prosecution, treatment, and

counseling services,

(B) develop protocols among related agencies to ensure that investigations of child

abuse cases, to the extent practicable, minimize the trauma to the child victim, and

(C) provide for the coordination and cooperation of law enforcement agencies,

courts of competent jurisdiction, and other

tribal, Federal, and State agencies through

intergovernmental or interagency agreements that define and specify each party’s

responsibilities;

(4) the development of tribal child protection codes and regulations;

(5) the establishment of training programs

for—

(A) professional and paraprofessional personnel in the fields of medicine, law, education, social work, and other relevant fields

who are engaged in, or intend to work in, the

field of prevention, identification, investiga-
§ 3210 TITLE 25—INDIANS Page 666

1So in original. No subsec. (e) has been enacted.

tion, and treatment of family violence, child

abuse, and child neglect,

(B) instruction in methods of protecting

children from abuse and neglect for persons

responsible for the welfare of Indian children, including parents of, and persons who

work with, Indian children, or

(C) educational, identification, prevention

and treatment services for child abuse and

child neglect in cooperation with preschool,

elementary and secondary schools, or tribally controlled community colleges (within

the meaning of section 1801 of this title);

(6) other community education efforts for

tribal members (including school children) regarding issues of family violence, child abuse,

and child neglect; and

(7) such other innovative and culturally relevant programs and projects as the Secretary

may approve, including programs and projects

for—

(A) parental awareness and self-help,

(B) prevention and treatment of alcohol

and drug-related family violence, child

abuse, and child neglect, or

(C) home health visitor programs,

that show promise of successfully preventing

and treating cases of family violence, child

abuse, and child neglect.

(f) 1 Secretarial regulations; base support funding

(1) The Secretary, with the participation of Indian tribes, shall establish, and promulgate by

regulations, a formula which establishes base

support funding for Indian Child Protection and

Family Violence Prevention programs.

(2) In the development of regulations for base

support funding for such programs, the Secretary shall develop, in consultation with Indian

tribes, appropriate caseload standards and staffing requirements which are comparable to

standards developed by the National Association

of Social Work, the Child Welfare League of

America and other professional associations in

the field of social work and child welfare. Each

level of funding assistance shall correspond to

the staffing requirements established by the

Secretary pursuant to this section.

(3) Factors to be considered in the development of the base support funding formula shall

include, but are not limited to—

(A) projected service population of the program;

(B) projected service area of the program;

(C) projected number of cases per month;

and

(D) special circumstances warranting additional program resources, such as high incidence of child sexual abuse, high incidence of

violent crimes against women, or the existence of a significant victim population within

the community.

(4) The formula established pursuant to this

subsection shall provide funding necessary to

support—

(A) one child protective services or family

violence caseworker, including fringe benefits

and support costs, for each tribe; and

(B) an additional child protective services

and family violence caseworker, including

fringe benefits and support costs, for each

level of assistance for which an Indian tribe

qualifies.

(5) In any fiscal year that appropriations are

not sufficient to fully fund Indian Child Protection and Family Violence Prevention programs

at each level of assistance under the formula required to be established in this subsection,

available funds for each level of assistance shall

be evenly divided among the tribes qualifying

for that level of assistance.

(g) Maintenance of effort

Services provided under contracts made under

this section shall supplement, not supplant,

services from any other funds available for the

same general purposes, including, but not limited to—

(1) treatment, including, but not limited

to—

(A) individual counseling,

(B) group counseling, and

(C) family counseling;

(2) social services and case management;

(3) training available to Indian tribes, tribal

agencies, and Indian organizations regarding

the identification, investigation, prevention,

and treatment of family violence, child abuse,

and child neglect; and

(4) law enforcement services, including investigations and prosecutions.

(h) Contract evaluation and annual report

Each recipient of funds awarded pursuant to

subsection (a) of this section shall—

(1) furnish the Secretary with such information as the Secretary may require to—

(A) evaluate the program for which the

award is made, and

(B) ensure that funds are expended for the

purposes for which the award was made; and

(2) submit to the Secretary at the end of

each fiscal year an annual report which shall

include such information as the Secretary

may require.

(i) Authorization of appropriations

There are authorized to be appropriated to

carry out the provisions of this section

$30,000,000 for each of the fiscal years 1992, 1993,

1994, 1995, 1996, and 1997.

(Pub. L. 101–630, title IV, §411, Nov. 28, 1990, 104

Stat. 4553; Pub. L. 104–16, §1, June 21, 1995, 109

Stat. 190.)

REFERENCES IN TEXT

The Indian Self-Determination Act, referred to in

subsec. (b), 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.

AMENDMENTS

1995—Subsec. (i). Pub. L. 104–16 substituted ‘‘1995,

1996, and 1997’’ for ‘‘and 1995’’.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3206 of this title.
Page 667 TITLE 25—INDIANS § 3302

§ 3211. Report to Congress

On or before March 1, 1991, and March 1 of each

calendar year thereafter, the Secretary shall

submit to the Congress a report involving the

administration of this chapter during the calendar year preceding the calendar year in which

such report is submitted.

(Pub. L. 101–630, title IV, §412, Nov. 28, 1990, 104

Stat. 4556.)

CHAPTER 35—INDIAN HIGHER EDUCATION

PROGRAMS

SUBCHAPTER I—HIGHER EDUCATION TRIBAL

GRANT AUTHORIZATION

Sec.

3301. Short title.

3302. Findings.

3303. Program authority.

(a) In general.

(b) Limitation on Secretary’s authority.

(c) Effect on Federal responsibilities.

(d) No termination for administrative

convenience.

3304. Qualification for grants to tribes.

(a) Contracting tribes.

(b) Noncontracting tribes.

(c) Termination of grants.

3305. Allocation of grant funds.

(a) Allocation of funds.

(b) Use of funds.

3306. Limitations on use of funds.

(a) Use for religious purposes.

(b) Interest on funds.

(c) Payments.

(d) Investment of funds.

(e) Recoveries.

3307. Administrative provisions.

(a) Biennial report.

(b) Role of Director.

(c) Application of Indian Self-Determination and Education Assistance Act.

(d) Regulations.

(e) Retrocession.

(f) Definitions.

SUBCHAPTER II—CRITICAL NEEDS FOR TRIBAL

DEVELOPMENT

3321. Short title.

3322. Definitions.

3323. Service conditions permitted.

(a) In general.

(b) Critical area designation.

3324. Critical area service agreements.

(a) Terms of agreements.

(b) Service limitations and conditions.

(c) Waiver and suspension of service

agreement.

(d) Pro rata reduction for partial services.

(e) Certification of service.

3325. General provisions.

(a) Application of existing procedures.

(b) Additional, excess, and incremental

costs.

SUBCHAPTER III—TRIBAL DEVELOPMENT STUDENT ASSISTANCE REVOLVING LOAN PROGRAM

3331. Short title.

3332. Findings; purposes.

(a) Findings.

(b) Purposes.

3333. Revolving fund.

(a) Receipt, investment, and accounting.

(b) Investment.

(c) Treatment of income.

Sec.

3334. Eligible recipients.

(a) Tribes and tribal organizations.

(b) Students.

3335. Terms of loans.

(a) In general.

(b) Cost of attendance.

(c) Additional requirements.

3336. Service fulfillment and conditions; repayments; waivers.

(a) Service agreement required.

(b) Service limitations and conditions.

(c) Waiver and suspension of service

agreement.

(d) Pro rata reduction for partial services.

(e) Certification of service.

3337. Administration.

(a) Regulations.

(b) Grant procedures.

(c) Definitions.

3338. Authorization of appropriations.

SUBCHAPTER IV—AMERICAN INDIAN POST-SECONDARY ECONOMIC DEVELOPMENT SCHOLARSHIP

3351. American Indian Post-Secondary Economic

Development Scholarship.

(a) Program authorized.

(b) Designation.

3352. Indian scholarships.

(a) Selection.

(b) Criteria.

3353. Scholarship conditions.

(a) Scholarship agreement.

(b) Repayments.

(c) Waiver and suspension of service

agreement.

(d) Disclaimer.

(e) Limitation.

(f) Cost of attendance.

(g) Additional requirements.

(h) Applications for assistance.

3354. Report.

3355. Authorization of appropriations.

SUBCHAPTER V—AMERICAN INDIAN TEACHER

TRAINING

3371. American Indian teacher training.

(a) Institutional support.

(b) Student support grants.

(c) Scholarships.

(d) ‘‘Indian’’ defined.

(e) Authorization of appropriations.

SUBCHAPTER I—HIGHER EDUCATION

TRIBAL GRANT AUTHORIZATION

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 3322 of this

title.

§ 3301. Short title

This subchapter may be cited as the ‘‘Higher

Education Tribal Grant Authorization Act’’.

(Pub. L. 102–325, title XIII, §1311, July 23, 1992,

106 Stat. 798.)

§ 3302. Findings

The Congress finds that—

(1) there are increasing numbers of Indian

students qualifying for postsecondary education, and there are increasing numbers desiring to go to postsecondary institutions;

(2) the needs of these students far outpace

the resources available currently;