To authorize the Rumsey Indian Rancheria to convey a certain parcel of land.
PL 101-630 (H.R.3703), enacted 11/28/1990

PUBLIC LAW 101-630—NOV. 28, 1990 
104 STAT. 4531 
Public Law 101-630 
101st Congress 
An Act 
Nov. 28, 1990 
[H.R. 3703] 
To authorize the Rumsey Indian Rancheria to convey a certain parcel of land. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
TITLE I—RUMSEY INDIAN RANCHERIA 
SECTION 101. FINDINGS. 
The Congress finds that— 
(1) the Rumsey Indian Rancheria, a part of the Wintun Tribe 
California, 
of Indians, is a federally recognized Indian tribe, located in 
Rumsey, California, where eighty-three and thirty-nine hun-
dredths acres of land are held in trust for the Rancheria by the 
United States; 
(2) in February, 1987, fee simple title to property located at lot 
23, Sierra Meadows subdivision, unit 5A, V/ashoe County, 
Nevada, commonly known as 978 O'Callahan Street, Sparks, 
Nevada, was transferred to the Rancheria which it presently 
holds under the name Wintun Indian Tribe; 
(3) such property is located approximately one hundred 
twenty-five miles from the Rancheria trust land base in Califor-
nia, and ownership of such land, which is in a residential area, 
provides no significant benefit for the tribal members; 
(4) the most beneficial use of such land is to sell it at its 
present market value and to utilize the proceeds for the 
improvement of the tribe's economic and social welfare; and 
(5) section 2116 of the Revised Statutes (25 U.S.C. 177) pro-
hibits the conveyance of any lands owned by Indian tribes 
without the consent of Congress. 
SEC. 102. CONVEYANCE OF LAND. 
(a) AUTHORITY.—Notwithstanding section 2116 of the Revised Stat- Nevada, 
utes (25 U.S.C. 177), Rumsey Indian Rancheria is authorized to 
convey that land known as lot 23, Sierra Meadows subdivision, unit 
5A, Washoe County, Nevada, commonly known as 978 O'Callahan 
Street, Sparks, Nevada, to any bona fide purchaser for value. 
(b) PROCEEDS.—Proceeds from the conveyance of land pursuant to 
subsection (a) may be used only for the economic development and 
social welfare of the Rumsey Indian Rancheria. 
104 STAT. 4532 
PUBLIC LAW 101-630—NOV. 28, 1990 
TITLE II—MILLE LACS INDIAN 
RESERVATION LEASE 
SEC. 201. MILLE LACS INDIAN RESERVATION LEASE TO MINNESOTA 
STATE HISTORICAL SOCIETY. 
The first section of the Act of August 9, 1955 (25 U.S.C. 415), is 
amended by inserting "the Mille Lacs Indian Reservation with 
respect to a lease between an entity established by the Mille Lacs 
Band of Chippewa Indians and the Minnesota Historical Society," 
after "the Navajo Reservation,". 
Nationallndian 
TITLE III—INDIAN FOREST AND 
r orest Resources 
Management 
W O O D L A N D S 
Act. 
25 use 3101 
SEC. 301. SHORT TITLE. 
This title may be cited as the "National Indian Forest Resources 
Management Act". 
25 use 3101. 
SEC. 302. FINDINGS. 
The Congress finds and declares that— 
(1) the forest lands of Indians are among their most valuable 
resources and Indian forest lands— 
(A) encompass more than 15,990,000 acres, including 
more than 5,700,000 acres of commercial forest land and 
8,700,000 acres of woodland, 
(B) are a perpetually renewable and manageable re-
source, 
(C) provide economic benefits, including income, employ-
ment, and subsistence, and 
(D) provide natural benefits, including ecological, cul-
tural, and esthetic values; 
(2) the United States has a trust responsibility toward Indian 
forest lands; 
(3) existing Federal laws do not sufficiently assure the ade-
quate and necessary trust management of Indian forest lands; 
(4) the Federal investment in, and the management of, Indian 
forest land is significantly below the level of investment in, and 
management of, National Forest Service forest land. Bureau of 
Land Management forest land, or private forest land; 
(5) tribal governments make substantial contributions to the 
overall management of Indian forest land; and 
(6) there is a serious threat to Indism forest lands arising from 
trespass and unauthorized harvesting of Indian forest land 
resources. 
25 use 3102. 
SEC. 303. PURPOSES. 
The purposes of this title are to— 
(1) allow the Secretary of the Interior to take part in the 
management of Indian forest lands, with the participation of 
the lands' beneficial owners, in a manner consistent with the 
Secretary's trust responsibility and with the objectives of the 
beneficial owners; 
(2) clarify the authority of the Secretary to make deductions 
from the proceeds of sale of Indian forest products, assure the 
PUBLIC LAW 101-630—NOV. 28, 1990 
104 STAT. 4533 
use of such deductions on the reservation from which they are 
derived solely for use in forest land management activities, and 
assure that no other deductions shall be collected; 
(3) increase the number of professional Indian foresters and 
related staff in forestry programs on Indian forest land; and 
(4) provide for the authorization of necessary appropriations 
to carry out this title for the protection, conservation, utiliza-
tion, management, and enhancement of Indian forest lands. 
SEC. 304. DEFINITIONS. 
25 USC 3103. 
For the purposes of this title, the term— 
(1) "Alaska Native" means Native as defined in section 3(b) of 
the Alaska Native Claims Settlement Act of December 18, 1971 
(43 U.S.C. 1604); 
(2) "forest" means an ecosystem of at least one acre in size, 
including timberland and woodland, which— 
(A) is characterized by a more or less dense and extensive 
tree cover, 
(B) contains, or once contained, at least ten percent tree 
crown cover, and 
(C) is not developed or planned for exclusive nonforest 
use; 
(3) "Indian forest land" means Indian lands, including 
commercial and non-commercial timberland and woodland, that 
are considered chiefly valuable for the production of forest 
products or to maintain watershed or other land values en-
hanced by a forest cover, regardless whether a formal inspection 
and land classification action has been taken; 
(4) "forest land management activities" means all activities 
performed in the management of Indian forest lands, includ-
ing— 
(A) all aspects of program administration and executive 
direction such as— 
(i) development and maintenance of policy and oper-
ational procedures, program oversight, and evaluation, 
(ii) securing of legal assistance and handling of legal 
matters, 
(iii) budget, finance, and personnel management, and 
(iv) development and maintenance of necessary data 
bases and program reports; 
(B) all aspects of the development, preparation and revi-
sion of forest inventory and management plans, including 
aerial photography, mapping, field management inven-
tories and re-inventories, inventory analysis, growth 
studies, allowable annual cut calculations, environmental 
assessment, and forest history, consistent with and reflec-
tive of tribal integrated resource management plans; 
(C) forest 
land 
development, 
including 
forestation, 
thinning, tree improvement activities, and the use of sil-
vicultural treatments to restore or increase growth and 
yield to the full productive capacity of the forest environ-
ment; 
(D) protection against losses from wildfire, including ac-
quisition and maintenance of fire fighting equipment and 
fire detection systems, construction of firebreaks, hazard 
reduction, prescribed burning, and the development of 
cooperative wildfire management agreements; 
104 STAT. 4534 
PUBLIC LAW 101-630—NOV. 28, 1990 
(E) protection sigainst insects and disease, including— 
(i) all aspects of detection and evaluation, 
(ii) preparation of project proposals 
containing 
project description, environmental assessments and 
statements, and cost-benefit analyses necessary to 
secure funding, 
(iii) field suppression operations, and 
(iv) reporting; 
(F) assessment of damage caused by forest trespass, 
infestation or fire, including field examination and survey, 
damage appraisal, investigation assistance, and report, 
demand letter, smd testimony preparation; 
(G) all aspects of the preparation, administration, and 
supervision of timber sale contracts, paid and free use 
permits, and other Indian forest product harvest sale docu-
ments including— 
(i) cruising, product marking, silvicultural prescrip-
tion, appraisal and harvest supervision, 
(ii) forest product marketing assistance, including 
evaluation of marketing and development opportuni-
ties related to Indian forest products and consultation 
and advice to tribes, tribal and Indian enterprises on 
maximization of return on forest products, 
(iii) archeological, historical, environmental 
and 
other land management reviews, clearances, and 
analyses, 
(iv) advertising, executing, and supervising contracts, 
(v) marking and scaling of timber, and 
(vi) collecting, recording and distributing receipts 
from sales; 
(H) provision of financial assistance for the education of 
Indians enrolled in accredited programs of postsecondary 
and postgraduate forestry and forestry-related fields of 
study, including the provision of scholarships, internships, 
relocation assistance, and other forms of assistance to cover 
educational expenses; 
(I) participation in the development and implementation 
of tribal integrated resource management plans, including 
activities to coordinate current and future multiple uses of 
Indian forest lands; 
(J) improvement and maintenance of extended season 
primary and secondary Indian forest land road systems; 
and 
(K) research activities to improve the basis for determin-
ing appropriate management measures to apply to Indian 
forest lands; 
' 
(5) "forest management plan" means the principal document, 
approved by the Secretary, reflecting and consistent with a 
tribal integrated resource management plan, which provides for 
the regulation of the detailed, multiple-use operation of Indian 
forest land by methods assuring that such lands remain in a 
continuously productive state while meeting the objectives of 
the tribe and which shall include— 
(A) standards setting forth the funding and staffing 
requirements necessary to carry out each management 
plan, with a report of current forestry funding and staffing 
levels; and 
PUBLIC LAW 101-630—NOV. 28, 1990 
104 STAT. 4535 
(B) standards providing quantitative criteria to evaluate 
performance against the objectives set forth in the plan; 
(6) "forest product" means— 
(A) timber, 
(B) a timber product, including lumber, lath, crating, 
ties, bolts, logs, pulpwood, fuelwood, posts, poles and split 
products, 
(C)bark, 
(D) Christmas trees, stays, branches, firewood, berries, 
mosses, pinyon nuts, roots, acorns, syrups, wild rice, and 
herbs, 
(E) other marketable material, and 
(F) gravel which is extracted from, and utilized on, Indian 
forest lands; 
(7) "forest resources" means all the benefits derived from 
Indian forest lands, including forest products, soil productivity, 
water, fisheries, wildlife, recreation, and aesthetic or other 
traditional values of Indian forest lands; 
(8) "forest trespass" means the act of illegally removing forest 
products from, or illegally damaging forest products on, forest 
lands; 
(9) "Indian" means a member of an Indian tribe; 
(10) "Indian land" means land title to which is held by— 
(A) the United States in trust for an Indian, an individual 
of Indian or AlEiska Native ancestry who is not a member of 
a federally-recognized Indian tribe, or an Indian tribe, or 
(B) an Indian, an individual of Indian or Alaska Native 
ancestry who is not a member of a federally recognized 
tribe, or an Indian tribe subject to a restriction by the 
United States against gdienation; 
(11) "Indian tribe or "tribe" means any Indian tribe, band, 
nation, Pueblo or other organized group or community which is 
recognized as eligible for the special programs and services 
provided by the United States to Indians because of their status 
as Indians and shall mean, where appropriate, the recognized 
tribal government of such tribe's reservation; 
(12) "reservation" includes Indian reservations established 
pursuant to treaties. Acts of Congress or Executive orders, 
public domain Indian allotments, and former Indian reserva-
tions in Oklahoma; 
(13) "Secretary" means the Secretary of the Interior; 
(14) "sustained yield" means the 5deld of forest products that 
a forest can produce continuously at a given intensity of 
management; and 
(15) "tribal integrated resource management plan" means a 
document, approved by an Indian tribe and the Secretary, 
which provides coordination for the comprehensive manage-
ment of such tribe's natural resources. 
SEC. 305. MANAGEMENT OF INDIAN FOREST LAND. 
25 USC 3104. 
(a) MANAGEMENT ACTIVITIES.—The Secretary shall undertake 
forest land management activities on Indian forest land, either 
directly or through contracts, cooperative agreements, or grants 
under the Indian Self-Determination Act (25 U.S.C. 450 et seq.). 
(b) MANAGEMENT OBJECTIVES.—Indian forest land management 
activities undertaken by the Secretary shall be designed to achieve 
the following objectives— 
104 STAT. 4536 
PUBLIC LAW 101-630—NOV. 28, 1990 
(1) the development, maintenance, and enhancement of 
Indian forest land in a perpetually productive state in accord-
ance with the principles of sustained yield and with the stand-
ards and objectives set forth in forest management plans by 
providing effective management and protection through the 
application of sound silvicultural and economic principles to— 
(A) the harvesting of forest products, 
(B) forestation, 
(C) timber stand improvement, and 
(D) other forestry practices; 
(2) the regulation of Indian forest lands through the develop-
ment and implementation, with the full and active consultation 
and participation of the appropriate Indian tribe, of forest 
management plans which are supported by written tribal objec-
tives and forest marketing programs; 
(8) the regulation of Indian forest lands in a manner that will 
ensure the use of good method and order in harvesting so as to 
make possible, on a sustained yield basis, continuous produc-
tivity and a perpetual forest business; 
(4) the development of Indian forest lands and associated 
value-added industries by Indians and Indian tribes to promote 
self-sustaining communities, so that Indians may receive from 
their Indian forest land not only stumpage value, but also the 
benefit of all the labor and profit that such Indian forest land is 
capable of yielding; 
(5) the retention of Indian forest land in its natural state 
when an Indian tribe determines that the recreational, cultural, 
aesthetic, or traditional values of the Indian forest land rep-
resents the highest and best use of the land; 
(6) the management and protection of forest resources to 
retain the beneficial effects to Indian forest lands of regulating 
^ 
water run-off and minimizing soil erosion; and 
(7) the maintenance and improvement of timber productivity, 
gr£izing, wildlife, fisheries, recreation, aesthetic, cultural and 
other traditional values. 
25 use 3105. 
SEC. 306. FOREST MANAGEMENT DEDUCTION. 
(a) WITHHOLDING OF DEDUCTION.—Pursuant to the authority of 
section 1 of the Act of February 14,1920 (41 Stat. 415; 25 U.S.C. 413), 
the Secretary shall withhold a reasonable deduction from the gross 
proceeds of sales of forest products harvested from Indian forest 
land under a timber sale contract, permit, or other harvest sale 
document, which h£is been approved by the Secretary, to cover in 
whole or part the cost of managing and protecting such Indian forest 
land. 
(b) AMOUNT OF DEDUCTION.—Deductions made pursuant to subsec-
tion (a) shall not exceed the lesser amount of^ 
(1) 10 percent of gross proceeds, or 
(2) the percentage of gross proceeds collected on the date of 
enactment of this title as forest management deductions by the 
Secretary on such sales of Indian forest products, 
unless the appropriate Indian tribe consents to an increase in the 
deductions. 
(c) USE OF DEDUCTION.—The full amount of any deduction col-
lected by the Secretary shall be expended according to an approved 
expenditure plan, approved by the Secretary and the appropriate 
Indian tribe, for the performance of forest land management activi-
PUBLIC LAW 101-630—NOV. 28, 1990 
104 STAT. 4537 
ties on the reservation from which such deductions are collected and 
shall be made available to the tribe, upon its request, by contract or 
agreement for the performance of such activities. 
(d) LIMITATIONS.—(1) Forest management deductions withheld 
pursuant to this section shall not be available to— 
(A) cover the costs that are paid from funds appropriated 
specifically for fire suppression or pest control, or 
(B) otherwise offset Federal appropriations for meeting the 
Federal trust responsibility for management of Indian forest 
lands. 
(2) No other forest management deductions derived from Indian 
forest lands shall be collected to be covered into the general funds of 
the United States Treasury. 
SEC. 307. FOREST TRESPASS. 
25 USC 3106. 
(a) CIVIL PENALTIES; REGULATIONS.—Not later than 18 months 
from the date of enactment of this title, the Secretary shall issue 
regulations that— 
(1) establish civil penalties for the commission of forest tres-
pass which provide for— 
(A) collection of the value of the products illegally 
removed plus a penalty of double their value, 
(B) collection of the costs associated with damage to the 
Indian forest land caused by the act of trespass, and 
(C) collection of the costs associated with enforcement of 
the regulations, including field examination and survey, 
damage appraisal, investigation assistance and reports, wit-
ness expenses, demand letters, court costs, and attorney 
fees; 
(2) designate responsibility with the Department of the In-
terior for the detection and investigation of forest trespass; and 
(3) set forth responsibilities and procedures for the assessment 
and collection of civil penalties. 
(b) TREATMENT OF PROCEEDS.—The proceeds of civil penalties col-
lected under this section shall be treated as proceeds from the sale of 
forest products from the Indian forest lands upon which such tres-
pass occurred. 
(c) CONCURRENT JURISDICTION.—Indian tribes which adopt the 
regulations promulgated by the Secretary pursuant to subsection (a) 
shall have concurrent civil jurisdiction to enforce the provisions of 
this section and the regulation promulgated thereunder. The 
Bureau of Indian Affairs and other agencies of the Federal Govern-
ment shall, at the request of the tribe, defer to tribal prosecutions of 
forest trespass cases. Tribal court judgments regarding forest tres-
pass shall be entitled to full faith and credit in Federal and State 
courts to the same extent as a Federal court judgment obtained 
under this section. 
SEC. 308. DIRECT PAYMENT OF FOREST PRODUCTS RECEIPTS. 
25 USC 3107. 
(a) REGULATIONS.—Notwithstanding any other law, the Secretary 
shall, within 1 year from the date of enactment of this title, promul-
gate regulations providing for the payment of the receipts from the 
sale of Indian forest products as provided in this section. 
(b) PAYMENT INTO A BANK DEPOSITORY.—Upon the request of an 
Indian tribe, the Secretary shall provide that the purchaser of the 
forest products of such tribe, which are harvested under a timber 
sale contract, permit or other harvest sale document which has been 
104 STAT. 4538 
PUBLIC LAW 101-630—NOV. 28, 1990 
approved by the Secretary, shall make prompt direct payments of 
the gross proceeds of sales of such forest products, less any amounts 
segregated as forest management deductions pursuant to section 
306, into a bank depository account designated by such Indian tribe. 
25 use 3108. 
SEC. 309. SECRETARIAL RECOGNITION OF TRIBAL LAWS. 
Subject to the Secretary's responsibilities as reflected in sections 
302(2) and 303(1) and unless otherwise prohibited by Federal statu-
tory law, the Secretary shall comply with tribal laws pertaining to 
Indian forest lands, including laws regulating the environment or 
historic or cultural preservation, and shall cooperate with the 
enforcement of such laws on Indian forest lands. Such cooperation 
shall include— 
(1) assistance in the enforcement of such laws; 
(2) provision of notice of such laws to persons or entities 
undertaking activities on Indian forest lands; and 
(3) upon the request of an Indian tribe, the appearance in 
tribal forums. 
25 use 3109. 
SEC. 310. INDIAN FOREST LAND ASSISTANCE ACCOUNT. 
(a) EsTABUSHMENT.—At the request of an Indian tribe, the Sec-
retary may establish a special Indian forest land assistance account 
within the tribe's trust fund account to fund the Indian forest land 
management activities of such tribe. 
(b) DEPOSITS AND EXPENDITURES.—(1) The Secretary may deposit 
into the Indian forest land assistance account established pursuant 
to subsection (a) any funds received by the Secretary or in the 
Secretary's possession from— 
(A) non-Federal sources, if such funds are related to activities 
on or for the Indian forest lands of such tribe's reservation, 
(B) donations and contributions, 
(C) unobligated forestry appropriations for the benefit of such 
Indian tribe, and 
(D) user fees or other funds transferred under Federal inter-
agency agreements if otherwise authorized by Federal law and, 
if such funds are related to activities on or for the Indian forest 
lands of such tribe's reservation. 
Funds deposited in such account shall be for the purpose of conduct-
ing forest land management activities on the Indian forest lands of 
such tribe. 
(2) Funds in the Indian forest land assistance account and any 
interest or other income earned thereon shall remain available until 
expended and shall not be available to otherwise offset Federal 
appropriations for meeting the Federal responsibility for manage-
ment of Indian forest lands. 
(c) AUDITS.—At the request of an Indian tribe or upon the Sec-
retary's own volition, the Secretary may conduct audits of the 
Indian forest land assistance account and shall publish the results of 
such audit. 
25 use 3110. 
SEC. 311. TRIBAL FORESTRY PROGRAMS. 
(a) ESTABLISHMENT.—The Secretary shall establish within the 
Bureau of Indian Affairs a program to provide financial support to 
forestry programs established by an Indian tribe. 
Regulations. 
(b) SUPPORT ALLOCATION FORMULA; CRITERIA.—(1) The Secretary, 
with the participation of Indian tribes with Indian forest lands, shall 
establish, and promulgate by regulations, a formula— 
PUBLIC LAW 101-630—NOV. 28, 1990 
104 STAT. 4539 
(A) for the determination of Indian tribes eligible for such 
support, 
(B) for the provision of levels of assistance for the forestry 
programs of such tribes, and 
(C) the allocation of base support funds to such tribes under 
the program established pursuant to subsection (a). 
(2) The formula established pursuant to this subsection shall 
provide funding necessary to support— 
(A) one professional forester, including fringe benefits and 
support costs, for each eligible tribe, and 
(B) one additional professional forester or forest technician, 
including fringe benefits and support costs, for each level of 
£issistance for which an eligible Indian tribe qualifies. 
(3) In any fiscal year that appropriations are not sufficient to fully 
fund tribal forestry programs at each level of assistance under the 
formula required to be established in this section, available funds 
for each level of assistance shall be evenly divided among the tribes 
qualifying for that level of assistance. 
SEC. 312. ASSESSMENT OF INDIAN FOREST LAND AND MANAGEMENT 25 USC 3111. 
PROGRAMS. 
(a) INITIAL ASSESSMENT.—(1) Within 1 year after the date of Government 
enactment of this title, the Secretary, in consultation with affected 
contracts. 
Indian tribes, shall enter into a contract with a non-Federal entity 
knowledgeable in forest management practices on Federal and pri-
vate lands to conduct an independent assessment of Indian forest 
lands and Indian forest land management practices. 
(2) Such assessment shall be national in scope and shall include— 
(A) an in-depth analysis of management practices on, and the 
level of funding for, specific Indian forest land compared with 
similar Federal and private forest lands, 
(B) a survey of the condition of Indian forest lands, including 
health and productivity levels, 
(C) an evaluation of the staffing patterns of forestry organiza-
tions of the Bureau of Indian Affairs and of Indian tribes, 
(D) an evaluation of procedures employed in timber sales 
administration, including preparation, field supervision, and 
accountability for proceeds, 
(E) an analysis of the potential for reducing or eliminating 
relevant administrative procedures, rules and policies of the 
Bureau of Indi£m Affairs consistent with the Federal trust 
responsibility, 
(F) a comprehensive review of the adequacy of Indian forest 
land management plans, including their compatibility with ap-
plicable tribal integrated resource management plans and their 
ability to meet tribal needs and priorities, 
(G) an evaluation of the feasibility and desirability of 
establishing minimum standards against which the adequacy of 
the forestry programs of the Bureau of Indian Affairs in fulfill-
ing its trust responsibility to Indian tribes can be measured, and 
(H) a recommendation of any reforms and increased funding 
levels necessary to bring Indian forest land management pro-
grams to a state-of-the-art condition. 
(3) Such assessment shall include specific examples and compari-
sons from each of the regions of the United States where Indian 
forest lands are located. 
104 STAT. 4540 
PUBLIC LAW 101-630—NOV. 28, 1990 
(4) The initial assessment required by this subsection shall be 
completed no later than 36 months following the date of enactment 
of this title. Upon completion, the assessment shall be submitted to 
the Committee on Interior and Insular Affairs of the United States 
House of Representatives and the Select Committee on Indian Af-
fairs of the United States Senate and shall be made available to 
Indian tribes. 
(b) PERIODIC ASSESSMENTS.—On each 10-year anniversary of the 
date of enactment of this title, the Secretary shall provide for an 
independent assessment of Indian forest lands and Indian forest 
land management practices under the criteria established in subsec-
tion (a) which shall include analyses measured against findings in 
previous assessments. 
(c) STATUS REPORT TO CONGRESS.—The Secretary shall submit, 
within 1 year of the first full fiscal year after the date of enactment 
of this title and within 6 months of the end of each succeeding fiscal 
year, a report to Committee on Interior and Insular Affairs of the 
United States House of Representatives, the Select Committee on 
Indian Affairs of the United States Senate, and to the affected 
Indian tribes a report on the status of Indian forest lands with 
respect to standards, goals and objectives set forth in approved 
forest management plans for each Indian tribe with Indian forest 
lands. The report shall identify the amount of Indian forest land in 
need of forestation or other silviculture treatment and the quantity 
of timber available for sale, offered for sale, and sold for each Indian 
tribe. 
(d) ASSISTANCE FROM SECRETARY OF AGRICULTURE.—The Secretary 
of Agriculture, through the Forest Service, is authorized to provide, 
upon the request of the Secretary of the Interior, on a 
nonreimbursable basis, technical assistance in the conduct of such 
research and evaluation activities as may be necessary for the 
completion of any reports or £issessments required by this title. 
Government 
SEC. 313. ALASKA NATIVE TECHNICAL ASSISTANCE PROGRAM. 
coiiti*s.cts 
Grant programs. 
(^) ESTABLISHMENT.—The Secretary, in consultation with the vil-
25 use 3112. 
lage and regional corporations established pursuant to the Alaska 
Native Claims Settlement Act (43 U.S.C. 1601 et seq.), shall establish 
a program of technical assistance for such corporations to promote 
the sustained yield management of their forest resources. Such 
technical assistance shall also be available to promote local process-
ing and other value-added activities with such forest resources, 
(b) INDIAN SELF-DETERMINATION ACT.—The technical assistance to 
be provided by the Secretary pursuant to subsection (a) shall be 
made available through contracts, grants or agreements entered 
into in accordance with, and made available to entities eligible for, 
such contracts, grants, or agreements under the Indian Self-Deter-
mination Act (25 U.S.C. 450 et seq.). 
25 use 3113. 
SEC. 314. ESTABLISHMENT OF INDIAN AND ALASKA NATIVE FORESTRY 
EDUCATION ASSISTANCE. 
(a) FORESTER INTERN PROGRAM.—(1) Notwithstanding the provi-
sions of title 5 of the United States Code governing appointments in 
the competitive service, the Secretary shall establish and maintain 
in the Bureau of Indian Affairs at least 20 forester intern positions 
for Indian and Alaska Native students. 
(2) For purposes of this subsection, the term "forester intern" 
means an Indian or Alaska Native who— 
PUBLIC LAW 101-630—NOV. 28, 1990 
104 STAT. 4541 
(A) is acquiring necessary academic qualifications to become a 
forester or a professional trained in forestry-related fields, and 
(B) is appointed to one of the positions established under 
paragraph (1). 
(3) The Secretary shall pay all costs for tuition, books, fees and 
living expenses incurred by a forester intern while attending an 
approved post-secondary or graduate school in a full-time forestry-
related curriculum. 
(4) A forester intern shall be required to enter into an obligated 
service agreement to serve as a professional forester or other for-
estry-related professional with the Bureau of Indian Affairs, an 
Indian tribe, or a tribal forest-related enterprise for 2 years for each 
year of education for which the Secretary pays the intern's edu-
cational costs under paragraph (3) of this subsection. 
(5) A forester intern shall be required to report for service with 
the Bureau of Indian Affairs during any break in attendance at 
school of more than 3 weeks duration. Time spent in such service 
shall be counted toward satisfaction of the intern's obligated service 
agreement. 
(b) COOPERATIVE EDUCATION PROGRAM.—(1) The Secretary shall 
maintain, through the Bureau of Indian Affairs, a cooperative edu-
cation program for the purpose of recruiting promising Indian and 
Alaska Native students who are enrolled in secondary schools, 
tribally-controUed community colleges, and other post-secondary or 
graduate schools for employment as a professional forester or other 
forestry-related professional with the Bureau of Indian Affairs, an 
Indian tribe, or a tribal forest-related enterprise. 
(2) The cooperative educational program that is to be maintained 
under paragraph (1) shall be modeled on and shall have essentially 
the same features of the program operated on the date of enactment 
of this title pursuant to chapter 308 of the Federal Personnel 
Manual of the Office of Personnel Management. 
(3) Under the cooperative agreement program that is to be main-
tained under paragraph (1), the Secretary shall pay all costs for 
tuition, books, and fees of an Indian or Alaska Native student who— 
(A) is enrolled in a course of study at an education institution 
with which the Secretary has entered into a cooperative agree-
ment, and 
(B) is interested in a career with the Bureau of Indian Affairs, 
an Indian tribe or a tribal enterprise in the management of 
Indian forest land. 
/ 
(4) Financial need shall not be a requirement to receive assistance 
under the cooperative agreement program that is to be maintained 
under this subsection. 
(5) A recipient of assistance under the cooperative education 
program that is to be maintained under this subsection shall be 
required to enter into an obligated service agreement to serve as a 
professional forester or other forestry-related professional with the 
Bureau of Indian Affairs, an Indian tribe, or a tribal forest-related 
enterprise for one year for each year for which the Secretary pays 
the recipient's educational costs pursuant to paragraph (3). 
(c) SCHOLARSHIP PROGRAM.—(1) The Secretary is authorized to 
grant forestry scholarships to Indians and Alaska Natives enrolled 
in accredited programs for post-secondary and graduate forestry and 
forestry-related programs of study as full-time students. 
(2) A recipient of a scholarship under paragraph (1) shall be 
required to enter into an obligated service agreement with the 
104 STAT. 4542 
PUBLIC LAW 101-630—NOV. 28, 1990 
Secretary in which the recipient agrees to accept employment for 
one year for each year the recipient received a scholarship, follow-
ing completion of the recipient's forestry or forestry-related course 
of study, with 
(A) the Bureau of Indian Affairs; 
(B) a forestry program conducted under a contract, grant, or 
cooperative agreement entered into under the Indian Self-
Determination Act (25 U.S.C. 450 et seq.); 
(C) an Indian enterprise engaged in a forestry or forestry-
related business; or 
(D) an Indian tribe's forestry-related program. 
(3) The Secretary shall not deny scholarship assistance under this 
subsection solely on the basis of an applicant's scholastic achieve-
ment if the applicant has been admitted to and remains in good 
standing in an accredited postsecondary or graduate institution. 
(d) FORESTRY EDUCATION OUTREACH.—The Secretary shall con-
duct, through the Bureau of Indian Affairs, and in consultation with 
other appropriate local. State and Federal agencies, and in consulta-
tion and coordination with Indian tribes, a forestry education out-
reach program for Indian and Alaska Native youth to explain and 
stimulate interest in all aspects of Indian forest land management 
and careers in forestry. 
(e) ADEQUACY OF PROGRAMS.—The Secretary shall administer the 
programs described in this section until a sufficient number of 
Indians and Alaska Natives are trained to ensure that there is an 
adequate number of qualified, professional Indian foresters to 
manage the Bureau of Indian Affairs forestry programs and forestry 
programs maintained by or for Indian tribes. 
25 use 3114. 
SEC. 315. POSTGRADUATION RECRUITMENT, EDUCATION AND TRAINING 
PROGRAMS. 
(a) PosTGRADUATiON RECRUITMENT.—The Secretary shall establish 
and maintain a program to attract Indian and Alaska Native profes-
sional foresters and forester technicians who have already grad-
uated from their course of postsecondary or graduate education for 
employment in either the Bureau of Indian Affairs forestry pro-
grams or, subject to the approval of the tribe, in tribal forestry 
programs. According to such regulations £is the Secretary may 
prescribe, such program shall provide for the employment of Indian 
and Alaska Native professional foresters or forestry technicians in 
exchange for the Secretary's assumption of the employee's outstand-
ing student loans. The period of employment shall be determined by 
the amount of the loan that is assumed. 
(b) POSTGRADUATE INTERGOVERNMENTAL INTERNSHIPS.—For 
the 
purposes of training, skill development and orientation of Indian, 
Alaska native, and Federal forestry personnel, and the enhance-
ment of tribal and Bureau of Indian Affairs forestry programs, the 
Secretary shall establish and actively conduct a program for the 
cooperative internship of Federal, Indian, and Alaska Native for-
estry personnel. Such program shall— 
(1) for agencies within the Department of the Interior— 
(A) provide for the internship of Bureau of Indian Affairs, 
Alaska Native, and Indian forestry employees in the for-
estry-related programs of other agencies of the Department 
of the Interior, and 
(B) provide for the internship of forestry personnel from 
other Department of the Interior agencies within the 
PUBLIC LAW 101-630—NOV. 28, 1990 
104 STAT. 4543 
Bureau of Indian Affairs and, with the consent of the tribe, 
within tribal forestry programs; 
(2) for agencies not within the Department of the Interior, 
provide, pursuant to an interagency agreement, internships 
within the Bureau of Indian Affairs and, with the consent of the 
tribe, within a tribal forestry program of other forestry person-
nel of such agencies who are above their sixth year of Federal 
service; 
(3) provide for the continuation of salary and benefits for 
participating Federal employees by their originating agency; 
(4) provide for salaries and benefits of participating Indian 
and Alaska Native forestry employees by the host agency; and 
(5) provide for a bonus pay incentive at the conclusion of the 
internship for any participant. 
(c) CONTINUING EDUCATION AND TRAINING.—The Secretary shall 
maintain a program within the Division of Forestry of the Bureau of 
Indian Affairs for the ongoing education and training of Bureau of 
Indian Affairs, Alsiska Native, and Indian forestry personnel. Such 
program shall provide for— 
(1) orientation training for Bureau of Indian Affairs forestry 
personnel in tribal-Federal relations and responsibilities; 
(2) continuing technical forestry education for Bureau of 
Indian Affairs, Alaska Native, and tribal forestry personnel; 
and 
(3) developmental training of Indian and Alaska Native 
personnel in forest land based enterprises and marketing. 
SEC. 316. COOPERATIVE AGREEMENT BETWEEN THE DEPARTMENT OF 
25 USC 3115. 
THE INTERIOR AND INDIAN TRIBES. 
(a) COOPERATIVE AGREEMENTS.—(1) To facilitate the administra-
tion of the programs and activities of the Department of the 
Interior, the Secretary is authorized to negotiate and enter into 
cooperative agreements with Indian tribes to— 
(A) engage in cooperative manpower and job training and 
development programs, 
(B) to develop and publish cooperative environmental edu-
cation and natural resource planning materials, and 
(C) to perform land and facility improvements, including 
forestry and other natural resources protection, fire protection, 
reforestation, timber stand improvement, debris removal, and 
other 
activities 
related 
to 
land 
and 
natural 
resource 
mansigement. 
The Secretary may enter into such agreements when the Secretary 
determines the public interest will be benefited. 
(2) In such cooperative agreements, the Secretary is authorized to 
advance or reimburse funds to contractors from any appropriated 
funds available for similar kinds of work or by furnishing or sharing 
materials, supplies, facilities or equipment without regard to the 
provisions of section 3324, title 31, United States Code, relating to 
the advance of public moneys. 
(b) SUPERVISION.—In any agreement authorized by this section, 
Indian tribes and their employees may perform cooperative work 
under the supervision of the Department of the Interior in emer-
gencies or otherwise as mutually agreed to, but shall not be deemed 
to be Federal employees other than for purposes of section 2671 
through 2680 of title 28, United States Code, and section 8101 
through 8193 of title 5, United States Code. 
104 STAT. 4544 
PUBLIC LAW 101-630—NOV. 28, 1990 
25 use 3116. 
Regulations. 
25 use 3117. 
25 use 3118. 
25 use 3119. 
25 use 3120. 
Indian ehild 
Protection and 
Family Violence 
Prevention Act. 
25 use 3201 
note. 
25 use 3201. 
(c) SAVINGS CLAUSE.—Nothing in this title shall be construed to 
limit the authority of the Secretary to enter into cooperative agree-
ments otherwise authorized by law. 
SEC. 317. OBLIGATED SERVICE; BREACH OF CONTRACT. 
(a) OBLIGATED SERVICE.—Where an individual enters into an 
agreement for obligated service in return for financial assistance 
under any provision of this title, the Secretary shall adopt such 
regulations as are necessary to provide for the offer of employment 
to the recipient of such assistance as required by such provision. 
Where an offer of employment is not reasonably made, the regula-
tions shall provide that such service shall no longer be required. 
(b) BREACH OF CONTRACT; REPAYMENT.—Where an individual fails 
to accept a reasonable offer of employment in fulfillment of such 
obligated service or unreasonably terminates or fails to perform the 
duties of such employment, the Secretary shall require a repayment 
of the financial assistance provided, prorated for the amount of time 
of obligated service performed, together with interest on such 
amount which would be payable if at the time the amounts were 
paid they were loans bearing interest at the maximum legal prevail-
ing rate, as determined by the Treasurer of the United States. 
SEC. 318. AUTHORIZATIONS. 
There are authorized to be appropriated such sums as may be 
necessary to carry out the purposes of this title. 
SEC. 319. REGULATIONS. 
Except as otherwise provided by this title, the Secretary is di-
rected to promulgate final regulations for the implementation of the 
title within eighteen months from the date of its enactment. All 
regulations promulgated pursuant to this title shall be developed by 
the Secretary with the participation of the affected Indian tribes. 
SEC. 320. SEVERABILITY. 
If any provision of this title, or the application of any provision of 
this title to any person or circumstance, is held invalid, the applica-
tion of such provision or circumstance and the remainder of this 
title shall not be affected thereby. 
SEC. 321. TRUST RESPONSIBILITY. 
Nothing in this title shall be construed to diminish or expand the 
trust responsibility of the United States toward Indian forest lands, 
or any legal obligation or remedy resulting therefrom. 
TITLE IV—INDIAN CHILD PROTECTION 
'Indian Child Protection and Family 
SEC. 401. SHORT TITLE. 
This title may be cited as the 
Violence Prevention Act". 
SEC. 402. FINDINGS AND PURPOSE. 
(a) FINDINGS.—The Congress, after careful review of the problem 
of child abuse on Indian reservations and the historical and special 
relationship of the Federal Government with Indian people, 
(1) finds that— 
(A) incidents of abuse of children on Indian reservations 
are grossly underreported; 
PUBLIC LAW 101-630—NOV. 28, 1990 
104 STAT. 4545 
(B) such underreporting is often a result of the lack of a 
mandatory Federal reporting law; 
(C) multiple incidents of sexual abuse of children on 
Indian reservations have been perpetrated by persons 
employed or funded by the Federal Government; 
(D) Federal Government investigations of the background 
of Federal employees who care for, or teach, Indian chil-
dren are often deficient; 
(E) funds spent by the United States on Indian reserva-
tions or otherwise spent for the benefit of Indians who are 
victims of child abuse or family violence are inadequate to 
meet the growing needs for mental health treatment and 
counseling for victims of child abuse or family violence and 
their families; and 
(F) there is no resource that is more vital to the continued 
existence and integrity of Indian tribes than their children 
and the United States has a direct interest, as trustee, in 
protecting Indian children who are members of, or are 
eligible for membership in, an Indian tribe; and 
(2) declares that two major goals of the United States are to— 
(A) identify the scope of incidents of abuse of children and 
family violence in Indian country and to reduce such 
incidents; and 
(B) provide funds for mental health treatment for Indian 
victims of child abuse and family violence on Indian res-
ervations. 
(b) PURPOSE.—The purposes of this title are to— 
(1) require that reports of abused Indian children are made to 
the appropriate authorities in an effort to prevent further 
abuse; 
(2) establish a reliable data base for statistical purposes and to 
authorize a study to determine the need for a central registry 
for reported incidents of abuse; 
(3) authorize such other actions as are necessary to ensure 
effective child protection in Indian country; 
(4) establish the Indian Child Abuse Prevention and Treat- 
Establishment. 
ment Grant Program to provide funds for the establishment on 
Indian reservations of treatment programs for victims of child 
sexual abuse; 
(5) provide for technical assistance and training related to the 
investigation and treatment of cases of child abuse and neglect; 
(6) establish Indian Child Resource and Family Services Cen-
ters in each Bureau of Indian Affairs Area Office which will 
consist of multi-disciplinary teams of personnel with experience 
and training in the prevention, identification, investigation, and 
treatment of child abuse and neglect; 
(7) provide for the treatment and prevention of incidents of 
family violence; 
(8) establish tribally operated programs to protect Indian 
children and reduce the incidents of family violence in Indian 
country; and 
(9) authorize other actions necessary to ensure effective child 
protection on Indian reservations. 
SEC. 403. DEFINITIONS. 
25 USC 3202. 
For the purposes of this title, the term— 
104 STAT. 4546 
PUBLIC LAW 101-630—NOV. 28, 1990 
(1) "Bureau" means the Bureau of Indian Affairs of the 
Department of the Interior; 
(2) "child" means an individual who— 
(A) is not married, and 
(B) has not attained 18 years of age; 
(3) "child abuse" includes but is not limited to— 
(A) any case in which— 
(i) a child is dead or exhibits evidence of skin bruis-
ing, bleeding, malnutrition, failure to thrive, burns, 
fracture of any bone, subdural hematoma, soft tissue 
swelling, and 
(ii) such condition is not justifiably explained or may 
not be the product of an accidental occurrence; and 
(B) any case in which a child is subjected to sexual 
assault, sexual molestation, sexual exploitation, sexual con-
tact, or prostitution; 
(4) "child neglect" includes but is not limited to, negligent 
treatment or maltreatment of a child by a person, including a 
person responsible for the child's welfare, under circumstances 
which indicate that the child's health or welfare is harmed or 
threatened thereby; 
(5) "family violence" means any act, or threatened act, of 
violence, including any forceful detention of an individual, 
which— 
(A) results, or threatens to result, in physical or mental 
injury, and 
(B) is committed by an individual against another 
individual— 
(i) to whom such person is, or was, related by blood or 
marriage or otherwise legally related, or 
(ii) with whom such person is, or was, residing; 
(6) "Indian" means any individual who is a member of an 
Indian tribe; 
(7) "Indian child" has the meaning given to such term by 
section 4(4) of the Indian Child Welfare Act of 1978 (25 U.S.C. 
1903(4)); 
(8) "Indian country" has the meaning given to such term by 
section 1151 of title 18, United States Code; 
(9) "Indian reservation" means any Indian reservation, public 
domain Indian allotment, former Indian reservation in Okla-
homa, or lands held by incorporated Native groups, regional 
corporations, or village corporations under the provisions of the 
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); 
(10) "Indian tribe" and "tribal organization" have the respec-
tive meanings given to each of such terms under section 4 of the 
Indian Self Determination and Education Assistance Act (25 
U.S.C. 450b); 
(11) "inter-tribal consortium" means a partnership between— 
(A) an Indian tribe or tribal organization of an Indian 
tribe, and 
(B) one or more Indian tribes or tribal organizations of 
one or more other Indian tribes; 
(12) "local child protective services agency" means that 
agency of the Federal Government, of a State, or of an Indian 
tribe that has the primary responsibility for child protection on 
any Indian reservation or within any community in Indian 
country; 
PUBLIC LAW 101-630—NOV. 28, 1990 
104 STAT. 4547 
(13) "local law enforcement agency" means that Federal, 
tribal, or State law enforcement agency that has the primary 
responsibility for the investigation of an instance of alleged 
child abuse within the portion of Indian country involved; 
(14) "persons responsible for a child's welfare" means any 
person who has legal or other recognized duty for the care and 
safety of a child, including— 
(A) any employee or volunteer of a children's residential 
facility, and 
(B) any person providing out-of-home care, education, or 
services to children; 
(15) "related assistance"— 
(A) includes counseling and self-help services to abusers, 
victims, and dependents in family violence situations 
(which shall include counseling of all family members to 
the extent feasible) and referrals for appropriate health-
care services (including alcohol and drug abuse treatment), 
and 
(B) may include food, clothing, child care, transportation, 
and emergency services for victims of family violence and 
their dependents; 
(16) "Secretary" means the Secretary of the Interior; 
(17) "shelter" means the provision of temporary refuge and 
related assistance in compliance with applicable Federal and 
tribal laws and regulations governing the provision, on a regu-
lar basis, of shelter, safe homes, meals, and related assistance to 
victims of family violence or their dependents; and 
(18) "Service' means the Indian Health Service of the Depart-
ment of Health and Human Services. 
SEC. 404. REPORTING PROCEDURES. 
25 USC 3203. 
(a) REPORT TO LOCAL LAW ENFORCEMENT AGENCY.—(1) Chapter 53 
of title 18, United States Code, is amended by adding at the end 
thereof the following new section: 
"§ 1169. Reporting of child abuse 
"(a) Any person who— 
"(1) is a— 
"(A) physician, surgeon, dentist, podiatrist, chiropractor, 
nurse, dental hygienist, optometrist, medical examiner, 
emergency medical technician, paramedic, or health care 
provider, 
"(B) teacher, school counselor, instructional aide, teach-
er's aide, teacher's assistant, or bus driver employed by any 
tribal. Federal, public or private school, 
"(C) administrative officer, supervisor of child welfare 
and attendance, or truancy officer of any tribal. Federal, 
public or private school, 
"(D) child day care worker, headstart teacher, public 
assistance worker, worker in a group home or residential or 
day care facility, or social worker, 
'(E) psychiatrist, psychologist, or psychological assistant, 
"(F) licensed or unlicensed marriage, family, or child 
counselor, 
"(G) person employed in the mental health profession, or 
"(H) law enforcement officer, probation officer, worker in 
a juvenile rehabilitation or detention facility, or person 
104 STAT. 4548 
PUBLIC LAW 101-630—NOV. 28, 1990 
employed in a public Eigency who is responsible for enforc-
ing statutes and judicial orders; 
"(2) knows, or has reasonable suspicion, that— 
"(A) a child was abused in Indian country, or 
"(B) actions are being taken, or are going to be taken, 
that would reasonably be expected to result in abuse of a 
child in Indian country; and 
"(3) fails to immediately report such abuse or actions de-
scribed in paragraph (2) to the local child protective services 
agency or local law enforcement agency, 
shall be fined not more than $5,000 or imprisoned for not more than 
6 months or both. 
"(b) Any person who— 
"(1) supervises, or has authority over, a person described in 
subsection (a)(1), and 
"(2) inhibits or prevents that person from making the report 
described in subsection (a), 
shall be fined not more than $5,000 or imprisoned for not more than 
6 months or both. 
"(c) For purposes of this section, the term— 
"(1) 'abuse' includes— 
"(A) any case in which— 
"(i) a child is dead or exhibits evidence of skin bruis-
ing, bleeding, malnutrition, failure to thrive, burns, 
fracture of any bone, subdural hematoma, soft tissue 
swelling, and 
"(ii) such condition is not justifiably explained or 
may not be the product of an accidental occurrence; 
and 
"(B) any case in which a child is subjected to sexual 
assault, sexual molestation, sexual exploitation, sexual con-
tact, or prostitution; 
"(2) 'child means an individual who— 
"(A) is not married, and 
"(B) has not attained 18 years of age; 
"(3) 'local child protective services agency' means that agency 
of the Federal Government, of a State, or of an Indian tribe that 
has the primary responsibility for child protection on any 
Indian reservation or within any community in Indian country; 
and 
"(4) 'local law enforcement agency' means that Federal, 
tribal, or State law enforcement agency that has the primary 
responsibility for the investigation of an instance of alleged 
child abuse within the portion of Indian country involved. 
"(d) Any person making a report described in subsection (a) which 
is based upon their reasonable belief and which is made in good 
faith shall be immune from civil or criminal liability for making 
that report.". 
(2) The table of contents for chapter 53 of title 18, United States 
Code, is amended by adding at the end thereof the following new 
item: 
"1169. Reporting of child abuse.". 
(b) NOTIFICATION OF CHILD ABUSE REPORTS.—(1) When a local law 
enforcement agency or local child protective services agency re-
ceives an initial report from any person of— 
(A) the abuse of a child in Indian country, or 
PUBLIC LAW 101-630—NOV. 28, 1990 
104 STAT. 4549 
(B) actions which would reasonably be expected to result in 
abuse of a child in Indian country, the receiving agency shall 
immediately notify appropriate officials of the other agency of 
such report and shall also submit, when prepared, a copy of the 
written report required under subsection (c) to such agency. 
(2) Where a report of abuse involves an Indian child or where the 
alleged abuser is an Indian and where a preliminary inquiry in-
dicates a criminal violation has occurred, the local law enforcement 
agency, if other than the Federal Bureau of Investigation, shall 
immediately report such occurrence to the Federal Bureau of Inves-
tigation. 
(c) WRFTTEN REPORT OF CHILD ABUSE.—(1) Within 36 hours after 
receiving an initial report described in subsection (b), the receiving 
agency shall prepare a written report which shall include, if avail-
able— 
(A) the name, address, age, and sex of the child that is the 
subject of the report; 
(B) the grade and the school in which the child is currently 
enrolled; 
(C) the name and address of the child's parents or other 
person responsible for the child's care; 
(D) the name and address of the alleged offender; 
(E) the name and address of the person who made the report 
to the agency; 
(F) a brief narrative as to the nature and extent of the child's 
injuries, including any previously known or suspected abuse of 
the child or the child's siblings and the suspected date of the 
abuse; and 
(G) any other information the agency or the person who made 
the report to the agency believes to be important to the inves-
tigation and disposition of the alleged abuse. 
(2)(A) Any local law enforcement agency or local child protective 
services agency that receives a report alleging abuse described in 
section 503(3) shall immediately initiate an investigation of such 
allegation and shall take immediate, appropriate steps to secure the 
safety and well-being of the child or children involved. 
(B) Upon completion of the investigation of any report of alleged 
abuse that is made to a local law enforcement agency or local child 
protective services agency, such agency shall prepare a final written 
report on such allegation. 
(d) CONFIDENTIALITY OF INFORMANT.—The identity of any person 
making a report described in subsection (b)(1) shall not be disclosed, 
without the consent of the individual, to any person other than a 
court of competent jurisdiction or an employee of an Indian tribe, a 
State or the Federal Government who needs to know the informa-
tion in the performance of such employee's duties. 
SEC. 405. CENTRAL REGISTRY. 
25 USC 3204. 
(a) PREPARATION OF STUDY.—The Secretary, in consultation with 
the Secretary of Health and Human Services and the Attorney 
General of the United States, is hereby authorized and directed to 
prepare a written study on the feasibility of, and need for, the 
establishment of a Central Register for reports or information on 
the abuse of children in Indian country. 
(b) CONTENT OF STUDY.—The study conducted pursuant to subsec-
tion (a) shall include, but shall not be limited to— 
(1) the need for, and purpose of, a Central Register; 
104 STAT. 4550 
PUBLIC LAW 101-630—NOV. 28, 1990 
(2) the examination of due process implication of the mainte-
nance of such a register; 
(3) the extension of access to information contained in the 
register; 
(4) the need and process for expunging information from the 
register; 
(5) the types, and duration of maintenance, of information in 
the register; and 
(6) the classes of persons who should be covered by such 
register. 
(c) The Secretary shall complete the study conducted pursuant to 
this section and shall submit such study, together with rec-
ommendations and draft 
legislation to implement such rec-
ommendations, to the Congress within 180 days after the date of 
enactment of this title. 
25 u s e 3205. 
SEC. 406. CONFIDENTIALITY. 
Pursuant to section 552a of title 5, United States Code, the Family 
Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g), or any 
other provision of law, agencies of any Indian tribe, of any State, or 
of the Federal Government that investigate and treat incidents of 
abuse of children may provide information and records to those 
agencies of any Indian tribe, any State, or the Federal Government 
that need to know the information in performance of their duties. 
For purposes of this section, Indian tribal governments shall be 
treated the same as other Federal Government entities. 
25 use 3206. 
SEC. 407. WAIVER OF PARENTAL CONSENT. 
(a) EXAMINATIONS AND INTERVIEWS.—Photographs, x-rays, medical 
examinations, psychological examinations, and interviews of an 
Indian child alleged to have been subject to abuse in Indian country 
shall be allowed without parental consent if local child protective 
services or local law enforcement officials have reason to believe the 
child has been subject to abuse. 
(b) INTERVIEWS BY LAW ENFORCEMENT AND CHILD PROTECTIVE 
SERVICES OFFICIALS.—In any case in which officials of the local law 
enforcement agency or local child protective services agency have 
regison to believe that an Indian child has been subject to abuse in 
Indian country, the officials of those agencies shall be allowed to 
interview the child without first obtaining the consent of the parent, 
guardian, or legal custodian. 
(c) PROTECTION OF CHILD.—Examinations and interviews of a child 
who may have been the subject of abuse shall be conducted under 
such circumstances and with such safeguards as are designed to 
minimize additional trauma to the child and, where time permits, 
shall be conducted with the advise, or under the guidance, of a local 
multidisciplinary team established pursuant to section 411 or, in the 
absence of a local team, a multidisciplinary team established pursu-
ant to section 410. 
(d) COURT ORDERS.—Upon a finding of reasonable suspicion that 
an Indian child has been the subject of abuse in Indian country, a 
Federal magistrate or United States District Court may issue an 
order enforcing any provision of this section. 
PUBLIC LAW 101-630—NOV. 28, 1990 
104 STAT. 4551 
SEC. 408. CHARACTER INVESTIGATIONS. 
25 USC 3207. 
(a) BY SECRETARY OF THE INTERIOR AND THE SECRETARY OF HEALTH 
AND HUMAN SERVICES.—The Secretary and the Secretary of Health 
and Human Services shall— 
(1) compile a list of all authorized positions within their 
respective departments the duties and responsibilities of which 
involve regular contact with, or control over, Indian children, 
(2) conduct an investigation of the character of each individ-
ual who is employed, or is being considered for employment, by 
the respective Secretary in a position listed pursuant to para-
graph (1), and 
(3) prescribe by regulations minimum standards of character 
that each of such individuals must meet to be appointed to such 
positions. 
0)) CRIMINAL RECORDS.—The minimum standards of character Regulations, 
that are to be prescribed under this section shall ensure that none of 
the individuals appointed to positions described in subsection (a) 
have been found guilty of, or entered a plea of nolo contendere or 
guilty to, any offense under Federal, State, or tribal law involving 
crimes of violence; sexual assault, molestation, exploitation, contact 
or prostitution; or crimes against persons. 
(c) INVESTIGATIONS BY INDIAN TRIBES AND TRIBAL ORGANIZA-
TIONS.—Each Indian tribe or tribal organization that receives funds 
under the Indian Self-Determination and Education Assistance Act 
or the Tribally Controlled Schools Act of 1988 shall— 
(1) conduct an investigation of the character of each individ-
ual who is employed, or is being considered for employment, by 
such tribe or tribal organization in a position that involves 
regular contact with, or control over, Indian children, and 
(2) employ individuals in those positions only if the individ-
uals meet standards of character, no less stringent than those 
prescribed under subsection (a), as the Indian tribe or tribal 
organization shall establish. 
SEC. 409. INDIAN CHILD ABUSE TREATMENT GRANT PROGRAM. 
25 USC 3208. 
(a) ESTABLISHMENT OF GRANT PROGRAM.—The Secretary of Health 
and Human Services, acting through the Service and in cooperation 
with the Bureau, shall establish an Indian Child Abuse Treatment 
Grant Program that provides grants to any Indian tribe or inter-
tribal consortium for the establishment on Indian reservations of 
treatment programs for Indians who have been victims of child 
sexual abuse. 
(b) GRANT APPUCATIONS.—(1) Any Indian tribe or intertribal 
consortium may submit to the Secretary of Health and Human 
Services an application for a grant under subsection (a). 
(2) Any application submitted under paragraph (1)— 
(A) shall be in such form as the Secretary of Health and 
Human Services may prescribe; 
(B) shall be submitted to such Secretary on or before the date 
designated by such Secretary; and 
(C) shall specify— 
(i) the nature of the program proposed by the applicant, 
(ii) the data and information on which the program is 
based, 
(iii) the extent to which the program plans to use or 
incorporate existing services available on the reservation, 
and 
39-194 O - 91 - 6 : QL 3 Part 6 
104 STAT. 4552 
PUBLIC LAW 101-630—NOV. 28, 1990 
(iv) the specific treatment concepts to be used under the 
program. 
(c) MAXIMUM GRANT AMOUNT.—The maximum amount of any 
grant awarded under subsection (a) shall not exceed $500,000. 
(d) GRANT ADMINISTRATION AND FINAL REPORT.—Each recipient of 
a grant awarded under subsection (a) shall— 
(1) furnish the Secretary of Health and Human Services with 
such information as such Secretary may require to— 
(A) evaluate the program for which the grant is made, 
and 
(B) ensure that the grant funds are expended for the 
purposes for which the grant was made, and 
(2) submit to such Secretary at the close of the term of the 
grant a Anal report which shall include such information as the 
Secretary may require. 
Appropriation 
(e) there is hereby authorized to be appropriated to carry out the 
authorization. 
provisions of this section $10,000,000 for each of the fiscal years 
1992,1993,1994, and 1995. 
25 use 3209. 
SEC. 410. INDIAN CHILD RESOURCE AND FAMILY SERVICES CENTERS. 
(a) ESTABLISHMENT.—The Secretary shall establish within each 
area office of the Bureau an Indian Child Resource and Family 
Services Center. 
(b) MEMORANDUM OF AGREEMENT.—The Secretary and the Sec-
retary of Health and Human Services shall enter into a Memorem-
dum of Agreement which provides for the staffing of the Centers 
established under this section. 
(c) CENTER STAFFING.—Each Center established under subsection 
(a) shall be staffed by a multidisciplinary team of personnel with 
experience and training in prevention, identification, investigation, 
and treatment of incidents of family violence, child abuse, and child 
neglect. 
(d) CENTER RESPONSIBIUTIES AND FUNCTIONS.—Each Center estab-
lished under subsection (a) shall— 
(1) provide advice, technical assistance, and consultation to 
Indian tribes, tribal organizations, and inter-tribal consortia 
upon request; 
(2) provide training to appropriate personnel of Indian tribes, 
tribal organizations, the Bureau and the Service on the identi-
fication and investigation of cases of family violence, child 
abuse, and child neglect and, to the extent practicable, coordi-
nate with institutions of higher education, including tribally 
controlled community colleges, to offer college-level credit to 
interested trainees; 
(3) develop training materials on the prevention, identifica-
tion, investigation, and treatment of incidents of family vio-
lence, child abuse, and child neglect for distribution to Indian 
tribes and to tribal organizations; 
(4) develop recommendations to assist Federal and tribal 
personnel to respond to cases of family violence, child abuse, 
and child neglect; and 
(5) develop policies and procedures for each agency office of 
the Bureau and service unit of the Service within the area 
which, to the extent feasible, comply with tribal laws pertaining 
to cases of family violence, child abuse, and child neglect, 
including any criminal laws, and which provide for maximum 
cooperation with the enforcement of such laws. 
PUBLIC LAW 101-630—NOV. 28, 1990 
104 STAT. 4553 
(e) MuLTiDisciPLiNARY TEAM PERSONNEL.—Each multidiscipUnary 
team established under this section shall include, but is not limited 
to, personnel with a background in— 
(1) law enforcement, 
(2) child protective services, 
(3) juvenile counseling and adolescent mental health, and 
(4) domestic violence. 
if) CENTER ADVISORY BOARD.—The Secretary, in consultation with 
the Secretary of Health and Human Services, shall establish, for 
each Indian Child Resource and Family Services Center, an advisory 
board to advise and assist such Center in carrying out its activities 
under this Act. Each advisory board shall consist of 7 members 
appointed by the Secretary from Indian tribes and human service 
providers served by an area office of the Bureau. Members shall 
serve without compensation, but may be reimbursed for travel and 
other expenses while carrying out the duties of the board. The 
advisory board shall assist the Center in coordinating programs, 
identifying training materials, and developing policies and proce-
dures relating to family violence, child abuse, and child neglect. 
(g) APPLICATION OF THE INDIAN SELF-DETERMINATION ACT TO CEN-
TERS.—Indian Child Resource and Family Services Centers estab-
lished under subsection (a) shall be subject to the provisions of the 
Indian Self-Determination Act. If a Center is located in an area 
office of the Bureau which serves more than one Indian tribe, any 
application to enter into a contract to operate the Center pursuant 
to such Act must have the consent of each of the other tribes to be 
served under the contract, except that, in the Juneau Area, only the 
consent of such tribes or tribal consortia that are engaged in 
contracting of Indian Child Protection and Family Violence Preven-
tion programs pursuant to such Act shall be required. This section 
shall not preclude the designation of an existing child resource and 
family services center operated by a tribe or tribal organization as a 
Center if all of the tribes to be served by the Center agree to such 
designation. 
(h) 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, and 1995. 
SEC. 411. INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVEN- 
25 USC 3210. 
TION 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. 
(h) INDIAN SELF-DETERMINATION ACT AGREEMENTS.—The Sec-
retary is authorized to enter into agreements with Indian tribes, 
tribal organizations, or inter-tribal consortia pursuant to the Indian 
Self-Determination Act 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 estab-
lished under this section shall designate the agency or officials 
which shall be responsible— 
104 STAT. 4554 
PUBLIC LAW 101-630—NOV. 28, 1990 
(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 assist-
ance 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 person-
nel, 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 assist-
ance for victims of family violence and their dependents, 
(C) training programs for family violence prevention and 
treatment personnel, law enforcement personnel, and ju-
dicial personnel in the investigation, prevention, and treat-
ment 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 multidisci-
plinary 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 prac-
ticable, 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 intergov-
ernmental 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, investigation, and treat-
ment 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 
PUBLIC LAW 101-630—NOV. 28, 1990 
104 STAT. 4555 
with preschool, elementary and secondary schools, or trib-
ally controlled community colleges (within the meaning of 
section 2 of the Tribally Controlled Community College Act 
of 1978 (25 U.S.C. 1801)); 
(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 sue essfuUy preventing and treating cases 
of family violence, child abuse, and child neglect. 
(f) 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 require-
ments 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^eld 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 re-
sources, 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 case-
worker, 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 pro-
grams 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— 
104 STAT. 4556 
PUBLIC LAW 101-630—NOV. 28, 1990 
(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) shall— 
(1) furnish the Secretary with such information as the Sec-
retary 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) 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, and 1995. 
25 use 3211. 
SEC. 412. REPORT. 
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 title during the calendar year 
preceding the calendar year in which such report is submitted. 
indmn Health 
TITLE V—INDIAN HEALTH CARE 
Amendments of 
i?^^l ,u 
..u 
SEC. 501. SHORT TITLE. 
Mental health 
programs. 
This title may be cited as the "Indian Health Care Amendments 
25USC1601 
of 1990". 
note. 
SEC. 502. REFERENCES. 
Except as may otherwise be specifically provided, whenever in 
this title an amendment or repeal is expressed in terms of an 
amendment to, or repeal of, a section or other provision, the ref-
erence shall be considered to be made to a section or other provision 
of the Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.). 
SEC. 
5
0
3
. 
MENTAL 
HEALTH 
PREVENTION 
AND 
TREATMENT 
SERVICES. 
25 use I62lh 
(a) PURPOSES.—The purposes of this section are to— 
"°**- 
(1) authorize and direct the Indian Health Service to develop 
a comprehensive mental health prevention and treatment 
program; 
(2) provide direction and guidance relating to mental illness 
and dysfunctional and self-destructive behavior, including child 
abuse and family violence, to those Federal, tribal, State, and 
local £igencies responsible for programs in Indian communities 
in areas of health care, education, social services, child and 
PUBLIC LAW 101-630—NOV. 28, 1990 
104 STAT. 4557 
family welfare, alcohol and substance abuse, law enforcement, 
and judicial services; 
(3) assist Indian tribes to identify services and resources 
available to address mental illness and dysfunctional and self-
destructive behavior; 
(4) provide authority and opportunities for Indian tribes to 
develpp and implement, and coordinate with, community-based 
mental health programs which include identification, preven-
tion, education, referral, and treatment services, including 
through multidisciplinary resource teams; 
(5) ensure that Indians, as citizens of the United States and of 
the States in which they reside, have the same access to mental 
health services to which all such citizens have access; and 
(6) modify or supplement existing programs and authorities in 
the areas identified in paragraph (2). 
(b) AMENDMENT.—Title II of the Act is amended by adding at the 
end thereof the following new section: 
"SEC. 209. MENTAL HEALTH PREVENTION AND TREATMENT SERVICES. 
25 USC 1621h. 
"(a) NATIONAL PLAN FOR INDIAN MENTAL HEALTH SERVICES.—(1) 
Not later than 120 days after the date of enactment of this section, 
the Secretary, acting through the Service, shall develop and publish 
in the Federal Register a final national plan for Indian Mental 
Health Services. The plan shall include— 
"(A) an assessment of the scope of the problem of mental 
illness and dysfunctional and self-destructive behavior, includ-
ing child abuse and family violence, among Indians, including— 
"(i) the number of Indians served by the Service who are 
directly or indirectly affected by such illness or behavior, 
and 
"(ii) an estimate of the financial and human cost attrib-
utable to such illness or behavior; 
"(B) an assessment of the existing and additional resources 
necessary for the prevention and treatment of such illness and 
behavior; and 
"(C) an estimate of the additional funding needed by the 
Service to meet its responsibilities under the plan. 
"(2) The Secretary shall submit a copy of the national plan to the 
Congress. 
"(c) MEMORANDUM OF AGREEMENT.—Not later than 180 days after 
the date of enactment of this section, the Secretary and the Sec-
retary of the Interior shall develop and enter into a memorandum of 
agreement under which the Secretaries shall, among other things— 
"(1) determine and define the scope and nature of mental 
illness and dysfunctional and self-destructive behavior, includ-
ing child abuse and family violence, among Indians; 
"(2) make an assessment of the existing Federal, tribal, State, 
local, and private services, resources, and programs available to 
provide mental health services for Indians; 
"(3) make an initial determination of the unmet need for 
additional services, resources, and programs necessary to meet 
the needs identified pursuant to paragraph (1); 
"(4XA) ensure that Indians, as citizens of the United States 
and of the States in which they reside, have access to mental 
health services to which all citizens have access; 
"(B) determine the right of Indians to participate in, and 
receive the benefit of, such services; and 
Federal 
Register, 
publication. 
104 STAT. 4558 
PUBLIC LAW 101-630—NOV. 28, 1990 
"(C) take actions necessary to protect the exercise of such 
right; 
"(5) delineate the responsibilities of the Bureau of Indian 
Affairs and the Service, including mental health identification, 
prevention, education, referral, and treatment services (includ-
ing services through multidisciplinary resource teams), at the 
central, area, and agency and service unit levels to address the 
problems identified in paragraph (1); 
"(6) provide a strategy for the comprehensive coordination of 
the mental health services provided by the Bureau of Indian 
Affairs and the Service to meet the needs identified pursuant to 
paragraph (1), including— 
"(A) the coordination of alcohol and substance abuse 
programs of the Service, the Bureau of Indian Affairs, and 
the various tribes (developed under the Indian Alcohol and 
Substance Abuse Prevention and Treatment Act of 1986) 
with the mental health initiatives pursuant to this Act, 
particularly with respect to the referral and treatment of 
dually-diagnosed individuals requiring mental health and 
substance abuse treatment; and 
"(B) ensuring that Bureau of Indian Affairs and Service 
programs and services (including multidisciplinary resource 
teams) addressing child abuse and family violence are co-
ordinated with such non-Federal programs and services; 
"(7) direct appropriate officials of the Bureau of Indian Af-
fairs and the Service, particularly at the agency and service 
unit levels, to cooperate fully with tribal requests made pursu-
ant to subsection (d); and 
"(8) provide for an annual review of such agreement by the 
two Secretaries. 
"(d) COMMUNITY MENTAL HEALTH PLAN.—(1) The governing body 
of any Indian tribe may, at its discretion, adopt a resolution for the 
establishment of a community mental health plan providing for the 
identification and coordination of available resources and programs 
to identify, prevent, or treat mental illness or dysfunctional and self-
destructive behavior, including child abuse and family violence, 
among its members. 
"(2) In furtherance of a plan established pursuant to paragraph (1) 
and at the request of a tribe, the appropriate agency, service unit, or 
other officials of the Bureau of Indian Affairs and the Service shall 
cooperate with, and provide technical assistance to, the tribe in the 
development of such plan. Upon the establishment of such a plan 
and at the request of the tribe, such officials, as directed by the 
memorandum of agreement developed pursuant to subsection (c), 
shall cooperate with the tribe in the implementation of such plan. 
"(3) Two or more Indian tribes may form a coalition for the 
adoption of resolutions and the establishment and development of a 
joint community mental health plan under this subsection. 
"(4) The Secretary, acting through the Service, may make grsints 
to Indian tribes adopting a resolution pursuant to paragraph (1) to 
obtain technical assistance for the development of a community 
mental health plan and to provide administrative support in the 
implementation of such plan. 
Appropriation 
"(5) There is hereby authorized to be appropriated $500,000 for 
authorization. 
fiscal 
year 1991 and $1,000,000 for fiscal year 1992 to carry out this 
subsection. 
PUBLIC LAW 101-630—NOV. 28, 1990 
104 STAT. 4559 
"(e) MENTAL HEALTH TRAINING AND COMMUNITY EDUCATION PRO-
GRAMS.—(1) The Secretary and the Secretary of the Interior, in 
consultation with representatives of Indian tribes, shall conduct a 
study and compile a list, of the types of staff positions specified in 
paragraph (2) whose qualifications include, or should include, 
training in the identification, prevention, education, referral, or 
treatment of mental illness or dysfunctional and self-destructive 
behavior. 
"(2) The positions referred to in paragraph (1) are— 
"(A) staff positions within the Bureau of Indian Affairs, 
including existing positions, in the fields o
f
— 
"(i) elementary and secondary education; 
"(ii) social services and family and child welfare; 
"(iii) law enforcement and judicial services; and 
"(iv) alcohol and substance abuse; 
"(B) staff positions with the Service; and 
"(C) 'staff positions similar to those identified in subpara-
graphs (A) and (B) established and maintained by Indian tribes, 
including positions established in contracts entered into under 
the Indian Self-Determination Act. 
"(3XA) The appropriate Secretary shall provide training criteria 
appropriate to each tjrpe of position identified in paragraph (2XA) 
and ensure that appropriate training has been, or will be, provided 
to any individual in any such position. With respect to any such 
individual in a position identified pursuant to paragraph (2XC), the 
respective Secretaries shall provide appropriate training to, or pro-
vide funds to an Indian tribe for the training of, such individual. In 
the case of positions funded under a contract entered into under the 
Indian Self-Determination Act, the appropriate Secretary shall 
ensure that such training costs are included in the contract, if 
necessary. 
"(B) Funds authorized to be appropriated pursuant to this subsec-
tion may be used to provide training authorized by this paragraph 
for community education programs described in paragraph (5) if a 
plan adopted pursuant to subsection (d) identifies individuals or 
employment categories, other than those identified pursuant to 
paragraph (1), for which such training or community education is 
deemed necessary or desirable. 
"(4) Position-specific training criteria described in pareigraph (3) 
shall be culturally relevant to Indians and Indian tribes and shall 
ensure that appropriate information regarding traditional Indian 
healing and treatment practices is provided. 
"(5) The Service shall develop and implement or, upon the request 
of an Indian tribe, assist such tribe to develop and implement, a 
program of community education on mental illness and dysfunc-
tional and self-destructive behavior for individuals, as determined in 
a plan adopted pursuant to subsection (d). In carrying out this 
paragraph, the Service shall provide, upon the request of an Indian 
tribe, technical Eissistance to the Indian tribe to obtain or develop 
community education and training materials on the identification, 
prevention, referral, and treatment of mental illness and dysfunc-
tional and self-destructive behavior. 
"(6) There is hereby authorized to be appropriated— 
Appropriation 
"(A) $500,000 for fiscal year 1991 to carry out this subsection, 
authorization, 
of which $100,000 shall be allocated for community education 
under paragraph (5); and 
104 STAT. 4560 
PUBLIC LAW 101-630—NOV. 28, 1990 
"(B) $5,000,000 for fiscal year 1992 to carry out this subsec-
tion, of which $1,200,000 shall be allocated for community edu-
cation under paragraph (5). 
"(f) STAFFING.—-(1) Within 90 days after the date of enactment of 
this section, the Secretary shall develop a plan under which the 
Service will increase the health care ststff providing mental health 
services by at least 500 positions within five years after the date of 
enactment of this section, with at least 200 of such positions devoted 
to child, adolescent, and family services. Such additional staff shall 
be primarily assigned to the service unit level for services which 
shall include outpatient, emergency, aftercare and follow-up, and 
prevention and education services. 
"(2) The plan developed under paragraph (1) shall be implemented 
under the Act of November 2, 1921 (25 U.S.C. 13) popularly known 
as the "Snyder Act". 
"(g) STAFF RECRUITMENT AND RETENTION.—(1) The Secretary shall 
provide for the recruitment of the additional personnel required by 
subsection (f) and the retention of all Service personnel providing 
mental health services. In carrying out this subsection, the Sec-
retary shall give priority to practitioners providing mental health 
services to children and adolescents with mental health problems. 
"(2) In carrying out paragraph (1), the Secretary shall develop a 
program providing for— 
"(A) the payment of bonuses (which shall not be more favor-
able than those provided for under sections 116 and 117) for 
service in hardship posts; 
"(B) the repayment of loans (for which the provisions of 
repa5mient contracts shall not be more favorable than the 
repayment contracts under section 108) for health professions 
education as a recruitment incentive; and 
"(C) a system of postgraduate rotations as a retention incen-
tive. 
"(3) This subsection shall be carried out in coordination with the 
recruitment and retention programs under title I. 
Appropriation 
"(4) There are authorized to be appropriated $1,200,000 for the 
authorization. 
f^g^ 
yg^r 1992 to Carrying out this subsection. 
"(h) MENTAL HEALTH TECHNICIAN PROGRAM.—(1) Under the 
authority of the Snyder Act of November 2, 1921 (25 U.S.C. 13), the 
Secretary shall establish and maintain a Mental Health Technician 
program within the Service which— 
"(A) provides for the training of Indians as mental health 
technicians; and 
"(B) employs such technicians in the provision of community-
based mental health care that includes identification, preven-
tion, education, referral, and treatment services. 
"(2) In carrjdng out paragraph (1)(A), the Secretary shall provide 
high standard paraprofessional training in mental health care nec-
essary to provide quality care to the Indian communities to be 
served. Such training shall be based upon a curriculum developed or 
approved by the Secretary which combines education in the theory 
of mental health care with supervised practical experience in the 
provision of such care. 
"(3) The Secretary shall supervise and evaluate the mental health 
technicians in the training program. 
"(4) The Secretary shall ensure that the program established 
pursuant to this subsection involves the utilization and promotion of 
PUBLIC LAW 101-630—NOV. 28, 1990 
104 STAT. 4561 
the traditional Indian health care and treatment practices of the 
Indian tribes to be served. 
"(5) For purposes of providing the training required under this 
subsection, there are authorized to be appropriated $1,000,000 for 
the fiscal year 1992, which shall remain available until expended. 
"(i) 
MENTAL 
HEALTH 
RESEARCH.—(1) 
The St jretary, 
acting 
through the Service and in consultation with the National Institute 
of Mental Health, shall enter into contracts with, or make grants to, 
appropriate institutions for the conduct of research on the incidence 
and prevalence of mental disorders among Indians on Indian res-
ervations and in urban areas. Research priorities under this subsec-
tion shall include— 
"(A) the inter-relationship and inter-dependence of mental 
disorders with alcoholism, suicide, homicides, accidents, and the 
incidence of family violence, and 
"(B) the development of models of prevention techniques. 
The effect of the inter-relationships and interdependences referred 
to in subparagraph (A) on children, and the development of preven-
tion techniques under subparagraph (B) applicable to children, shall 
be emphasized. 
"(2) For purposes of carrying out this subsection, there are au-
thorized to be appropriated $2,000,000 for the fiscal year 1992, which 
shall remain available until expended. 
"(j) FACILITIES ASSESSMENT.—(1) Within one year after the date of 
enactment of this section, the Secretary, acting through the Service, 
shall make an assessment of the need for inpatient mental health 
care among Indians and the availability and cost of inpatient mental 
health facilities which can meet such need. In making such assess-
ment, the Secretary shall consider the possible conversion of exist-
ing, under-utilized service hospital beds into psychiatric units to 
meet such need. 
"(2) There are authorized to be appropriated $500,000 for the fiscal 
year 1992 to make the assessment required by this subsection. 
"(k) ANNUAL REPORT,—The Service shall develop methods for 
analyzing and evaluating the overall status of mental health pro-
grams and services for Indians and shall submit to the Congress an 
annual report on the mental health status of Indians which shall 
describe the progress being made to address mental health problems 
of Indian communities. 
"(1) MENTAL HEALTH DEMONSTRATION GRANT PROGRAM.—(1) The 
Secretary, acting through the Service, is authorized to make grants 
to Indian tribes and inter-tribal consortia to pay 75 percent of the 
cost of planning, developing, and implementing programs to deliver 
innovative community-based mental health services to Indians. The 
25 percent tribal share of such cost may be provided in cash or 
through the provision of property or services. 
"(2) The Secretary may award a grant for a project under para-
graph (1) to an Indian tribe or inter-tribal consortium which meets 
the following criteria: 
"(A) The project will address significant unmet mental health 
needs among Indians. 
"(B) The project will serve a significant number of Indians. 
"(C) The project has the potential to deliver services in an 
efficient and effective manner. 
"(D) The tribe or consortium has the administrative and 
financial capability to administer the project. 
Government 
contracts. 
Appropriation 
authorization. 
Appropriation 
authorization. 
104 STAT. 4562 
PUBLIC LAW 101-630—NOV. 28, 1990 
Reports. 
Appropriation 
authorization. 
25 u s e 1637. 
Grovernment 
contracts. 
Grant programs. 
Federal 
Register, 
publication. 
"(E) The project will deliver services in a manner consistent 
with traditional Indian healing and treatment practices. 
"(F) The project is coordinated with, and avoids duplication of, 
existing services. 
"(3) For purposes of this subsection, the Secretary shall, in 
evaluating applications for grants for projects to be operated under 
any contract entered into with the Service under the Indian Self-
Determination Act, use the same criteria that the Secretary uses in 
evaluating any other application for such a grant. 
"(4) The Secretary may only award one grant under this subsec-
tion with respect to a service area until the Secretary has awarded 
grants for all service areas with respect to which the Secretary 
receives applications during the application period, as determined 
by the Secretary, which meet the criteria specified in paragraph (2). 
"(5) Not later than 180 days after the close of the term of the last 
grant awarded pursuant to this subsection, the Secretary shall 
submit to the C!ongress a report evaluating the effectiveness of the 
innovative community-based projects demonstrated pursuant to this 
subsection. Such report shall include findings and recommenda-
tions, if any, relating to the reorganization of the programs of the 
Service for delivery of mental health services to Indians. 
"(6) There is authorized to be appropriated $2,000,000 for fiscal 
year 1991 and $3,000,000 for fiscal year 1992 to carry out the 
purposes of this subsection. Grants made pursuant to this subsection 
may be expended over a period of three years and no grant may 
exceed $1,000,000 for the fiscal years involved.". 
SEC. 504. HEALTH CARE DELIVERY DEMONSTRATION PROJECTS. 
Title III of the Act is amended by adding at the end thereof the 
following new section 307: 
"SEC. 307. INDIAN HEALTH CARE DELIVERY DEMONSTRATION PROJECT. 
"(a) HEALTH CARE DEUVERY DEMONSTRATION PROJECTS.—The Sec-
retary, acting through the Service, is authorized to enter into con-
tracts with, or make grants to, Indian tribes or tribal organizations 
for the purpose of carrying out a health care delivery demonstration 
project to test alternative means of delivering health care and 
services through health facilities to Indians. 
"(b) USE OF FUNDS.—The Secretary, in approving projects pursu-
ant to this section, may authorize funding for the construction and 
renovation of hospitals, health centers, health stations, and other 
facilities to deliver health care services and is authorized to— 
"(1) waive any leasing prohibition; 
"(2) permit carryover of funds appropriated for the provision 
of health care services; 
"(3) permit the use of non-Service Federal funds and non-
Federal funds; 
"(4) permit the use of funds or property donated from any 
source for project purposes; and 
"(5) provide for the reversion of donated real or personal 
property to the donor. 
"(c) CRITERIA.—(1) Within 180 days after the date of enactment of 
this section, the Secretary, after consultation with Indigin tribes and 
tribal organizations, shall develop and publish in the Federal Reg-
ister criteria for the review and approval of applications submitted 
under this section. The Secretary may enter into a contract or 
PUBLIC LAW 101-630—NOV. 28, 1990 
104 STAT. 4563 
award a grant under this section for projects which meet the 
following criteria: 
"(A) There is a need for a new facility or the reorientation of 
an existing facility, 
"(B) A significant number of Indians, including those with low 
health status, will be served by the project. 
"(C) The project has the potential to address the health needs 
of Indians in an innovative manner. 
"(D) The project has the potential to deliver services in an 
efficient and effective manner. 
"(E) The project is economically viable. 
"(F) The Indian tribe or tribal organization has the adminis-
trative and financial capability to administer the project. 
"(G) The project is integrated with providers of related health 
and social services and is coordinated with, and avoids duplica-
tion of, existing services. 
"(2) The Secretary may provide for the establishment of peer 
review panels, as necessary, to review and evaluate applications and 
to advise the Secretary regarding such applications using the cri-
teria developed pursuant to paragraph (1). 
"(3)(A) The Secretary shall enter into contracts or award grants Government 
under this section for a demonstration project in each of the follow- contracts, 
ing service units which meets the criteria specified in paragraph (1): 
^^" programs, 
"(i) Cass Lake, Minnesota. 
"(ii) Clinton, Oklahoma, 
"(iii) Harlem, Montana, 
"(iv) Mescalero, New Mexico, 
"(v) Owyhee, Nevada, 
"(vi) Parker, Arizona, 
"(vii) Schurz, Nevada, 
"(viii) Winnebago, Nebraska, 
"(ix) Ft. Yuma, California. 
"(B) After entering into contracts or awarding grants in accord-
ance with subparagraph (A), and taking into account contracts 
entered into and grants awarded under such subparagraph, the 
Secretary may only enter into one contract or award one grant 
under this subsection with respect to a service area until the 
Secretary has entered into contracts or awarded grants for all 
service areas with respect to which the Secretary receives applica-
tions during the application period, as determined by the Secretary, 
which meet the criteria developed under paragraph (1). 
"(d) TECHNICAL ASSISTANCE.—The Secretary shall provide such 
technical and other assistance as may be necessary to enable ap-
plicants to comply with the provisions of this section. 
"(e) SERVICE TO INEUGIBLE PERSONS.—The authority to provide 
services to persons otherwise ineligible for the health care benefits 
of the Service and the authority to extend hospital privileges in 
service facilities to non-Service health care practitioners as provided 
in section 713 may be included, subject to the terms of such section, 
in any demonstration project approved pursuant to this section. 
"(f) EQUITABLE TREATMENT.—For purposes of subsection (c)(1)(A), 
the Secretary shall, in evaluating facilities operated under any 
contract entered into with the Service under the Indian Self-Deter-
mination Act, use the same criteria that the Secretary uses in 
evaluating facilities operated directly by the Service. 
"(g) EQUITABLE INTEGRATION OF FACIUTIES.—The Secretary shall 
ensure that the planning, design, construction, and renovation 
104 STAT. 4564 
PUBLIC LAW 101-630—NOV. 28, 1990 
Grant programs. 
Appropriation 
authorization. 
Appropriation 
authorization. 
Grant programs. 
needs of Service and non-Service facilities which are the subject of a 
contract for health services entered into with the Service under the 
Indian Self-Determination Act, are fully £uid equitably integrated 
into the implementation of the health care delivery demonstration 
projects under this section. 
"(h) REPORT TO C!ONGRESS.—Within 90 days after the end of the 
period set out in subsection (a), the Secretary shall prepare and 
submit to Congress a report, together with legislative recommenda-
tions, on the findings and conclusions derived from the demonstra-
tion projects. 
"(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 
be appropriated such sums as may be necessary for fiscal years 1991 
and 1992 for the purpose of carrying out this section, which are 
authorized to remain available until expended.". 
SEC. 505. HEALTH CARE SERVICES FOR URBAN INDIANS. 
(a) HEALTH PROMOTION AND DISEASE PREVENTION,—Section 503 of 
title V (25 U.S.C. 1653) is amended by adding at the end the 
following new subsection: 
"(cXD The Secretary, acting through the Service, shall facilitate 
access to, or provide, health promotion and disease prevention 
services for urban Indians through grants made to urban Indian 
organizations administering contracts entered into pursuant to this 
section. 
"(2) There is authorized to be appropriated $1,000,000 for fiscal 
year 1992 to carry out this subsection.". 
0)) IMMUNIZATION.—Section 503 of title V, as amended by subsec-
tion (a), is further amended by adding at the end the following new 
subsection: 
"(dXl) The Secretary, acting through the Service, shall facilitate 
access to, or provide, immunization services for urban Indians 
through grants made to urban Indian organizations administering 
contracts entered into pursuant to this section. 
"(2) In making any grant to carry out this subsection, the Sec-
retary shall take into consideration— 
"(A) the size of the urban Indian population to be served; 
"(B) the immunization levels of the urban Indian population, 
particularly the immunization levels of infants, children, and 
the elderly; 
"(C) the utilization by the urban Indians of alternative re-
sources from State and local governments for no-cost or low-cost 
immunization services to the general population; and 
"(D) the capability of the urban Indian organization to carry 
out services pursuant to this subsection. 
"(3) For purposes of this subsection, the term 'immunization 
services' means services to provide without charge immunizations 
against vaccine-preventable diseases. 
"(4) There are authorized to be appropriated $1,000,000 for fiscal 
year 1992 to carry out this subsection.". 
(c) MENTAL HEALTH SERVICES.—Section 503 of title V, as amended 
by subsections (a) and (b), is further amended by adding at the end 
the following new subsection: 
"(eXD The Secretary, acting through the Service, shall facilitate 
access to, or provide, mental health services for urban Indians 
through grants made to urban Indian organizations administering 
contracts entered into pursuant to this section. 
PUBLIC LAW 101-630—NOV. 28, 1990 
104 STAT. 4565 
"(2) A grant may not be made under this subsection to an urban 
Indian organization until that organization has prepared, and the 
Service has approved, an assessment of the mental health needs of 
the urban Indian population concerned, the mental health services 
and other related resources available to that population, the bar-
riers to obtaining those services and resources, and the needs that 
are unmet by such services and resources. 
"(3) Grants may be made under this subsection— 
"(A) to prepare assessments required under paragraph (2); 
"(B) to provide outreach, educational, and referral services to 
urban Indians regarding the availability of direct mental health 
services, to educate urban Indians about mental health issues 
and services, and effect coordination with existing mental 
health providers in order to improve services to urban Indians; 
"(C) to provide outpatient mental health services to urban 
Indians, including the identification and assessment of illness, 
therapeutic treatments, case management, support groups, 
family treatment, and other treatment; and 
"(D) to develop innovative mental health service delivery 
models which incorporate Indian cultural support systems and 
resources. 
"(4) There is authorized to be appropriated $500,000 for fiscal year 
Appropriation 
1991 and $2,000,000 for fiscal year 1992 to carry out this sub- authorization, 
section.". 
(d) PREVENTION AND TREATMENT OF CHILD ABUSE.—Section 503 
of title V, as amended by subsections (a), (b), and (c), is further 
amended by adding at the end the following new subsection: 
"(f)(1) The Secretary, acting through the Service, shall facilitate 
access to, or provide, services for urban Indians through grants to 
urban Indian organizations administering contracts entered into 
pursuant to this section to prevent and treat child abuse (including 
sexual abuse) among urban Indians. 
"(2) A grant may not be made under this subsection to an urban 
Indian organization until that organization has prepared, and the 
Service has approved, an assessment that documents the prevalence 
of child abuse in the urban Indian population concerned and speci-
fies the services and programs (which may not duplicate existing 
services and programs) for which the grant is requested. 
"(3) Grants may be made under this subsection— 
"(A) to prepare assessments required under paragraph (2); 
"(B) for the development of prevention, training, and edu-
cation programs for urban Indian populations, including child 
education, parent education, provider training on identification 
and intervention, education on reporting requirements, preven-
tion campaigns, and establishing service networks of all those 
involved in Indian child protection; and 
"(C) to provide direct outpatient treatment services (including 
individual treatment, family treatment, group therapy, and 
support groups) to urban Indians who are child victims of abuse 
(including sexual abuse) or adult survivors of child sexual abuse, 
to the families of such child victims, and to urban Indian 
perpetrators of child abuse (including sexual abuse). 
"(4) In making grants to carry out this subsection, the Secretary 
shall take into consideration— 
"(A) the support for the urban Indian organization dem-
onstrated by the child protection authorities in the area, includ-
104 STAT. 4566 
PUBLIC LAW 101-630—NOV. 28, 1990 
Appropriation 
authorization. 
25 use 1653 
note. 
Reports. 
25 use 1659. 
Appropriation 
authorization. 
ing committees or other services funded under the Indian Child 
Welfare Act of 1978 (25 U.S.C. 1901 et seq.), if any; 
"(B) the capability and expertise demonstrated by the urban 
Indian organization to address the complex problem of child 
sexual abuse in the community; and 
"(C) the assessment required under paragraph (2). 
"(5) There is authorized to be appropriated $500,000 for fiscal year 
1991 and $2,000,000 for fiscal year 1992 to carry out this sub-
section.". 
SEC. 506. FACILITIES ASSESSMENT. 
(a) SURVEY.—The Secretary shall conduct a survey of all facilities 
used by contractors under title V of the Indian Health Care 
Improvement Act and shall submit a report to the Congress on such 
survey not later than one year after the date of enactment of this 
Act. The report shall, at a minimum, contain the following informa-
tion for each location: 
(1) The extent to which the facility meets safety and building 
codes and, if direct care is provided, the extent of compliance 
with Joint Commission for Accreditation of Health Care 
Organizations (JCAHO) standards. 
(2) The extent to which improvements, expansion, or reloca-
tion is necessary to meet program requirements, provide ade-
quate services, or achieve building code compliance. 
(3) Any lease restriction that would hamper accomplishment 
of needed improvement, expansion, or relocation. 
(4) The term of the lease, if appropriate, the age of the 
structure, and the structure's life expectancy with and without 
improvement. 
(5) An assessment of the deficiencies of the facility. 
(b) REPORT.—The report shall contain general recommendations 
for addressing the deficiencies of facilities in which programs funded 
under title V of the Indian Health Care Improvement Act are 
located and shall propose specific policies for accomplishing those 
recommendations. 
(c) MINOR RENOVATIONS.—Title V, as amended by section 301, is 
further amended by adding at the end the following new section: 
"SEC. 409. FACILITIES RENOVATION. 
"The Secretary may make funds available to contractors under 
this title for minor renovations to facilities, including leased facili-
ties, to assist such contractors in meeting or maintaining the Joint 
Commission for Accreditation of Health Care 
Organizations 
(JCAHO) standards. There is authorized to be appropriated 
$1,000,000 for fiscal year 1992 to carry out this section.". 
SEC. 507. REPORTS. 
Section 507 of title V (25 U.S.C. 1657) is amended by adding at the 
end the following new subsection: 
"(dXD The Secretary, acting through the Service, shall submit a 
report to the Congress not later than March 31, 1992, evaluating— 
"(A) the health status of urban Indians; 
"(B) the services provided to Indians through this title; 
"(C) areas of unmet needs in urban areas served under this 
title; and 
"(D) areas of unmet needs in urban areas not served under 
this title. 
PUBLIC LAW 101-630—NOV. 28, 1990 
104 STAT. 4567 
"(2) In preparing the report under paragraph (1), the Secretary 
shall consult with urban Indian health providers and may contract 
with a national organization representing urban Indian health con-
cerns to conduct any aspect of the report. 
"(3) The Secretary and the Secretary of the Interior shall— 
"(A) assess the status of the welfare of urban Indian children, 
including the volume of child protection cases, the prevalence of 
child sexual abuse, and the extent of urban Indian coordination 
with tribal authorities with respect to child sexual abuse; and 
"(B) submit a report on the assessment required under 
subparagraph (A), together with recommended legislation to 
improve Indian child protection in urban Indian populations, to 
the Congress no later than March 31,1992.". 
SEC. 
5
0
8
. 
URBAN 
HEALTH 
PROGRAMS 
BRANCH. 
Title V is further amended by adding at the end the following new 
section: 
"SEC. 511. URBAN HEALTH PROGRAMS BRANCH. 
25 USC 1660. 
"(a) ESTABLISHMENT.—There is hereby established within the 
Service a Branch of Urban Health Programs which shall be respon-
sible for carrying out the provisions of this title. 
"(b) STAFF, SERVICES, AND EQUIPMENT.—The Secretary shall ap-
point such employees to work in the branch, including a program 
director, and shall provide such services and equipment, as may be 
necessary for it to carry out its responsibilities. The Secretary shall 
also analyze the need to provide at least one urban health program 
analyst for each area office of the Indian Health Service and shall 
submit his findings to the Congress as a part of the Department's 
fiscal year 1993 budget request.". 
SEC. 
5
0
9
. 
ALASKA 
RESIDENTIAL 
YOUTH 
TREATMENT 
CENTER. 
(a) AMENDMENT.—Section 4227(b) of the Indian Alcohol and Sub-
stance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 
2474(b)) is amended by adding at the end thereof the following: 
"(3) Notwithstanding any other provision of this subtitle, the 
Secretary may, from amounts allocated to the Alaska area from 
funds appropriated pursuant to this section, make funds available to 
the Tanana Chiefs Conference, Incorporated, for the purpose of 
maintaining a residential youth treatment facility in Fairbanks, 
Alaska.". 
(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, 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. 
note. 
104 STAT. 4568 
PUBLIC LAW 101-630—NOV. 28, 1990 
(c) 
SELF-DETERMINATION CONTRACTS FOR STAFFING AND OPER-
ATION.—The Secretary of Health and Human Services, acting under 
section 102 of the Indian Self-Determination and Education Assist-
ance Act, 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(1) of that Act. 
Approved November 28, 1990. 
LEGISLATIVE HISTORY—H.R. 3703: 
HOUSE REPORTS: No. 101-687 (Comm. on Interior and Insular Affairs). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Oct. 1, considered and passed House. 
Oct. 25, considered and passed Senate, amended. 
Oct. 26, House concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): 
Nov. 28, Presidential statement.