25 U.S.C. § 2433 | Emergency shelters

(a)

In general

section 2412 of this titleA Tribal Action Plan adopted pursuant to may make such provisions as may be necessary and practical for the establishment, funding, licensing, and operation of emergency shelters or half-way houses for Indian youth who are alcohol or substance abusers, including youth who have been arrested for offenses directly or indirectly related to alcohol or substance abuse. Half-way houses may be used as either intake facilities or aftercare facilities for youth admitted, or to be admitted, for long-term treatment of substance abuse. The Indian Health Service, the Bureau of Indian Affairs, and the tribes are authorized to use their respective resources to adequately staff and operate any such facility.

(b)

Referrals

(1)

34 U.S.C. 11101 In any case where an Indian youth is arrested or detained by the Bureau of Indian Affairs or tribal law enforcement personnel for an offense relating to alcohol or substance abuse, other than for a status offense as defined by the Juvenile Justice and Delinquency Prevention Act of 1974 [ et seq.], under circumstances where such youth may not be immediately restored to the custody of his parents or guardians and where there is space available in an appropriately licensed and supervised emergency shelter or half-way house, such youth shall be referred to such facility in lieu of incarceration in a secured facility unless such youth is deemed a danger to himself or to other persons.

(2)

In any case where there is a space available in an appropriately licensed and supervised emergency shelter or half-way house, the Bureau of Indian Affairs and tribal courts are encouraged to refer Indian youth convicted of offenses directly or indirectly related to alcohol and substance abuse to such facilities in lieu of sentencing to incarceration in a secured juvenile facility.

(c)

Direction to States

section 1162 of title 18 section 1321 of this titleIn the case of any State that exercises criminal jurisdiction over any part of Indian country under or , such State is urged to require its law enforcement officers to—

(1)

place any Indian youth arrested for any offense related to alcohol or substance abuse in a temporary emergency shelter described in subsection (d) or a community-based alcohol or substance abuse treatment facility in lieu of incarceration to the extent such facilities are available, and

(2)

observe the standards promulgated under subsection (d).

(d)

Standards

section 2411 of this titleThe Assistant Secretary of Indian Affairs shall, as part of the development of the Memorandum of Agreement set out in , promulgate standards by which the emergency shelters established under a program pursuant to subsection (a) shall be established and operated.

(e)

Authorization

(1)

For the planning and design, construction, and renovation of, or purchase or lease of land or facilities for, emergency shelters and half-way houses to provide emergency care for Indian youth, there are authorized to be appropriated $10,000,000 for each of fiscal years 2011 through 2015.

(2)

For the staffing and operation of emergency shelters and half-way houses, there are authorized to be appropriated $5,000,000 for fiscal year 1993 and $7,000,000 for each of fiscal years 2011 through 2015.

(3)

25 U.S.C. 5321 The Secretary of the Interior shall allocate funds appropriated pursuant to this subsection on the basis of priority of need of the various Indian tribes and such funds, when allocated, shall be subject to contracting or available for grants pursuant to the Indian Self-Determination Act [ et seq.].

(4)

Funds appropriated under the authority of this subsection may be used by any Indian tribe or tribal organization to purchase or lease any land or facilities if—

(A)

1 So in original. Probably should be “half-way”.

the Secretary of the Interior determines that no Federal land or facilities are reasonably available for emergency shelters or halfway  houses described in subsection (a) to serve the needs of that Indian tribe or tribal organization, and

(B)

the Indian tribe or tribal organization enters into an agreement with the Secretary of the Interior that requires the Indian tribe or tribal organization to use the land or facilities for emergency shelters or half-way houses described in subsection (a).

(5)

Nothing in this Act may be construed—

(A)

25 U.S.C. 5321 to limit the authority for contracts with, or grants to, Indian tribes or tribal organizations under the Indian Self-Determination Act [ et seq.] for the construction, improvement, renovation, operation, repair, land acquisition, or maintenance of tribal juvenile detention facilities, emergency shelters, or half-way houses, or

(B)

to require a lease of tribal facilities to the United States to qualify for financial assistance for the facilities under this chapter or any other Act.

Pub. L. 99–570, title IV, § 4213Oct. 27, 1986100 Stat. 3207–144 Pub. L. 100–690, title II, § 2207Nov. 18, 1988102 Stat. 4218 Pub. L. 101–272Apr. 18, 1990104 Stat. 137 Pub. L. 102–573, title VII, § 703(5)Oct. 29, 1992106 Stat. 4583 Pub. L. 111–211, title II, § 241(c)July 29, 2010124 Stat. 2290(, , ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 93–415Sept. 7, 197488 Stat. 1109 section 10101 of Title 34The Juvenile Justice and Delinquency Prevention Act of 1974, referred to in subsec. (b)(1), is , , , which is classified principally to chapter 111 (§ 11101 et seq.) of Title 34, Crime Control and Law Enforcement. For complete classification of this Act to the Code, see Short Title of 1974 Act note set out under and Tables.

Pub. L. 93–638Jan. 4, 197588 Stat. 2206 section 5301 of this titleThe Indian Self-Determination Act, referred to in subsec. (e)(3), (5)(A), is title I of , , , which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 99–570Oct. 27, 1986100 Stat. 3207 section 801 of Title 21This Act, referred to in subsec. (e)(5), is , , , known as the Anti-Drug Abuse Act of 1986. For complete classification of this Act to the Code, see Short Title of 1986 Amendment note set out under , Food and Drugs, and Tables.

Amendments

Pub. L. 111–211, § 241(c)(1)2010—Subsec. (e)(1). , substituted “each of fiscal years 2011 through 2015.” for “fiscal year 1993 and such sums as may be necessary for each of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000.”

Pub. L. 111–211, § 241(c)(2)Subsec. (e)(2). , substituted “each of fiscal years 2011 through 2015.” for “each of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000.”

Pub. L. 111–211, § 241(c)(3)Subsec. (e)(4), (5). , realigned margins.

Pub. L. 102–5731992—Subsec. (e)(1), (2). amended pars. (1) and (2) generally. Prior to amendment, pars. (1) and (2) read as follows:

“(1) For the planning and design, construction, and renovation of, or purchase or lease of land or facilities for, emergency shelters or half-way houses to provide emergency care for Indian youth, there is authorized to be appropriated $5,000,000 for the fiscal year 1989 and $3,000,000 for each of the fiscal years 1990, 1991, and 1992.

section 13 of this title“(2) For the staffing and operation of emergency shelters and half-way houses, there is authorized to be appropriated $3,000,000 for the fiscal year 1989 and $3,000,000 for fiscal year 1990. An amount equal to the amount of funds appropriated pursuant to this paragraph for fiscal year 1990 shall be included in the base budget of the Bureau of Indian Affairs and funding thereafter shall be pursuant to .”

Pub. L. 101–272, § 1(1)1990—Subsec. (e)(1). , inserted “, or purchase or lease of land or facilities for,” after “renovation of”.

Pub. L. 101–272, § 1(2)Subsec. (e)(3). , inserted “or available for grants” after “subject to contracting”.

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

Pub. L. 100–690, § 2207(a)1988—Subsec. (a). , inserted provisions which permitted half-way houses to be used as either intake facilities or aftercare facilities, and authorized Indian Health Service, Bureau of Indian Affairs, and tribes to use resources to staff and operate such facilities.

Pub. L. 100–690, § 2207(b)Subsec. (e). , amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “For the planning and design, construction, and renovation of emergency shelters or half-way houses to provide emergency care for Indian youth, there is authorized to be appropriated $5,000,000 for each of the fiscal years 1987, 1988, and 1989. For the operation of emergency shelters or half-way houses there is authorized to be appropriated $3,000,000 for each of the fiscal years 1987, 1988, and 1989. The Secretary of the Interior shall allocate funds appropriated pursuant to this subsection on the basis of priority of need of the various Indian tribes and such funds, when allocated, shall be subject to contracting pursuant to the Indian Self-Determination Act.”