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
§ 2441 TITLE 25—INDIANS Page 612

1See References in Text note below. 1So in original. Probably should be ‘‘Customs’’.

affected Indian tribe and Tribal Coordinating

Committee to assist them in developing or

modifying a Tribal Action Plan and shall also be

submitted to the Indian Health Service service

unit director who will have responsibility for

compiling a tribal comprehensive report as provided in section 2477 1 of this title.

(c) Confidentiality

In carrying out the requirements of subsections (a) and (b) of this section, the Secretary

shall insure that the data is compiled and reported in a manner which will preserve the confidentiality of the families and individuals.

(Pub. L. 99–570, title IV, §4214, Oct. 27, 1986, 100

Stat. 3207–145.)

REFERENCES IN TEXT

The Indian Self-Determination Act, referred to in

subsec. (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.

Section 2477 of this title, referred to in subsec. (b),

was repealed by Pub. L. 102–573, title VII, §702(b)(2),

Oct. 29, 1992, 106 Stat. 4582. See section 1665f of this

title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1665f of this

title.

SUBCHAPTER IV—LAW ENFORCEMENT AND

JUDICIAL SERVICES

§ 2441. Review of programs

(a) Law enforcement and judicial services

In the development of the Memorandum of

Agreement required by section 2411 of this title,

the Secretary of the Interior and the Secretary

of Health and Human Services, in cooperation

with the Attorney General of the United States,

shall review and consider—

(1) the various programs established by Federal law providing law enforcement or judicial

services for Indian tribes, and

(2) tribal and State and local law enforcement and judicial programs and systems

to determine their applicability and relevance

in carrying out the purposes of this chapter.

(b) Dissemination of review

The results of the review conducted pursuant

to subsection (a) of this section shall be made

available to every Indian tribe as soon as possible for their consideration and use in the development and modification of a Tribal Action

Plan.

(Pub. L. 99–570, title IV, §4215, Oct. 27, 1986, 100

Stat. 3207–145.)

§ 2442. Illegal narcotics traffic on Tohono

O’odham and St. Regis Reservations; source

eradication

(a) Investigation and control

(1) The Secretary of the Interior shall provide

assistance to—

(A) the Tohono O’odham Tribe of Arizona for

the investigation and control of illegal narcotics traffic on the Tohono O’odham Reservation

along the border with Mexico,

(B) the St. Regis Band of Mohawk Indians of

New York for the development of tribal law

enforcement and judicial systems to aid in the

investigation and control of illegal narcotics

traffic on the St. Regis Reservation along the

border with Canada, and

(C) the Makah Indian Tribe of Washington

for the investigation and control of illegal

narcotic traffic on the Makah Indian Reservation arising from its proximity to international waters.

(2) The Secretary shall ensure that tribal efforts under this subsection are coordinated with

appropriate Federal law enforcement agencies,

including the United States Custom1 Service.

(3) For the purpose of providing the assistance

required by this subsection, there are authorized

to be appropriated—

(A) $500,000 under paragraph (1)(A) 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,

(B) $500,000 under paragraph (1)(B) 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, and

(C) $500,000 under paragraph (1)(C) 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.

(b) Marijuana eradication and interdiction

(1) The Secretary of the Interior, in cooperation with appropriate Federal, tribal, and State

and local law enforcement agencies, shall establish and implement a program for the eradication of marijuana cultivation, and interdiction, investigation, and control of illegal narcotics trafficking within Indian country as defined

in section 1152 of title 18. The Secretary shall establish a priority for the use of funds appropriated under paragraph (2) for those Indian reservations where the scope of the problem is

most critical, and such funds shall be available

for contracting by Indian tribes pursuant to the

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

seq.).

(2) For the purpose of establishing the program required by paragraph (1), there are authorized to be appropriated $2,000,000 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.

(Pub. L. 99–570, title IV, §4216, Oct. 27, 1986, 100

Stat. 3207–146; Pub. L. 100–690, title II, §2208,

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

VII, §703(6)–(8), Oct. 29, 1992, 106 Stat. 4583.)

REFERENCES IN TEXT

The Indian Self-Determination Act, referred to in

subsec. (b)(1), 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.