25 U.S.C. § 1684 — Emergency plan for Indian safety and health
submitted 18 years ago by Pub. L. 110-293 to r/title-25-INDIANS · 805 words · no verdicts yet
This section creates an Emergency Fund for Indian Safety and Health and authorizes $1,602,619,000 for a five-year period. It directs transfers and sets a joint emergency plan allocating Fund amounts for law enforcement, water infrastructure, and Indian health needs.
(a) The Treasury must hold an “Emergency Fund for Indian Safety and Health,” consisting of amounts appropriated under subsection (b). (b) $1,602,619,000 is authorized from otherwise unappropriated Treasury funds for the five years beginning October 1, 2008. Fund amounts need no further appropriation, supplement other lawful amounts, and remain available until spent. (c) At the request of the Attorney General or the Interior or Health and Human Services Secretary*, the Treasury Secretary must transfer the amount that requester determines is needed for the emergency plan. (d) Required transfers must be made at least monthly from the Treasury general fund based on Treasury estimates, with later adjustments for over- or underestimates. (e) Amounts left on September 30 may be used in later fiscal years for the plan. (f) Within one year after July 30, 2008, the Attorney General and the Interior and Health and Human Services Secretaries, consulting Indian tribes as defined in the cited Act, must jointly establish a plan addressing tribal law-enforcement, water, and health-care needs. For each fiscal year 2010 through 2019, the Attorney General must use 18.5 percent for Federal Indian detention facilities; 1.5 percent to investigate and prosecute Indian-country crimes; 1.5 percent for the Office of Justice Programs’ Indian and Alaska Native programs; and 0.5 percent to assist parties to tribal-State or local cross-deputization or other cooperative law-enforcement agreements and Alaska’s Village Public Safety Officer Program and law enforcement on Alaska Native land. The Interior Secretary must put 15.5 percent in the Bureau of Indian Affairs public-safety and justice account for its Office of Justice Services, directly or through tribal contracts or compacts, and may use no more than $602,619,000 to implement congressionally approved Indian water settlements, including planning, designing, rehabilitating, constructing, or financing water-supply or delivery infrastructure serving a tribe. Acting through the Indian Health Service* Director, the HHS Secretary must use 12.5 percent, directly or through tribal contracts or compacts, for contract health services, construction, rehabilitation, and replacement of Indian health facilities, and domestic and community sanitation facilities for tribal members under section 2004a of title 42.
There is established in the Treasury of the United States a fund, to be known as the “Emergency Fund for Indian Safety and Health” (referred to in this section as the “Fund”), consisting of such amounts as are appropriated to the Fund under subsection (b).
There is authorized to be appropriated to the Fund, out of funds of the Treasury not otherwise appropriated, $1,602,619,000 for the 5-year period beginning on October 1, 2008.
Amounts deposited in the Fund under this section shall—
be made available without further appropriation;
be in addition to amounts made available under any other provision of law; and
remain available until expended.
On request by the Attorney General, the Secretary* of the Interior, or the Secretary of Health and Human Services, the Secretary of the Treasury shall transfer from the Fund to the Attorney General, the Secretary of the Interior, or the Secretary of Health and Human Services, as appropriate, such amounts as the Attorney General, the Secretary of the Interior, or the Secretary of Health and Human Services determines to be necessary to carry out the emergency plan under subsection (f).
The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury.
Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.
Any amounts remaining in the Fund on September 30 of an applicable fiscal year may be used by the Attorney General, the Secretary of the Interior, or the Secretary of Health and Human Services to carry out the emergency plan under subsection (f) for any subsequent fiscal year.
Not later than 1 year after July 30, 2008, the Attorney General, the Secretary of the Interior, and the Secretary of Health and Human Services, in consultation with Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)),1 shall jointly establish an emergency plan that addresses law enforcement, water, and health care needs of Indian tribes under which, for each of fiscal years 2010 through 2019, of amounts in the Fund—
the Attorney General shall use—
18.5 percent for the construction, rehabilitation, and replacement of Federal Indian detention facilities;
1.5 percent to investigate and prosecute crimes in Indian country (as defined in section 1151 of title 18);
1.5 percent for use by the Office of Justice Programs for Indian and Alaska Native programs; and
0.5 percent to provide assistance to—
parties to cross-deputization or other cooperative agreements between State or local governments and Indian tribes (as defined in section 5130 of this title) carrying out law enforcement activities in Indian country; and
the State of Alaska (including political subdivisions of that State) for carrying out the Village Public Safety Officer Program and law enforcement activities on Alaska Native land (as defined in section 3902 of this title);
the Secretary of the Interior shall—
deposit 15.5 percent in the public safety and justice account of the Bureau of Indian Affairs for use by the Office of Justice Services of the Bureau in providing law enforcement or detention services, directly or through contracts or compacts with Indian tribes under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.); 1 and
use not more than $602,619,000 to implement requirements of Indian water settlement agreements that are approved by Congress (or the legislation to implement such an agreement) under which the United States shall plan, design, rehabilitate, or construct, or provide financial assistance for the planning, design, rehabilitation, or construction of, water supply or delivery infrastructure that will serve an Indian tribe* (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)); 1 and
the Secretary of Health and Human Services, acting through the Director of the Indian Health Service*, shall use 12.5 percent to provide, directly or through contracts or compacts with Indian tribes under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.)— 1
contract health services;
construction, rehabilitation, and replacement of Indian health facilities; and
domestic and community sanitation facilities serving members of Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)) 1 pursuant to section 2004a of title 42.
Source credit: (Pub. L. 110–293, title VI, § 601, July 30, 2008, 122 Stat. 2968; Pub. L. 111–291, title VIII, § 831, Dec. 8, 2010, 124 Stat. 3163.)
- 2008Enacted · Pub. L. 110-293 · 122 Stat. 2968
- 2010Amended · Pub. L. 111-291 · 124 Stat. 3163
A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-293 on 2008-07-30.
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