§ 1684. Emergency plan for Indian safety and health

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2008

   Tom Lantos and Henry J. Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008

   Pub. L. 110–293 title VI § 601 · 122 Stat. 2918

   Enacted · 25 U.S.C. § 1684

   Pub. L. 110–293, title VI, § 601, July 30, 2008, 122 Stat. 2968

   Source evidence

   Code source credit
   Pub. L. 110–293, title VI, § 601, July 30, 2008, 122 Stat. 2968

   Enacted provision · exact public law section
   SEC. 601. EMERGENCY PLAN FOR INDIAN SAFETY AND HEALTH. (a) Establishment of Fund.— 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). (b) Transfers to Fund.— (1) In general.— There Effective date. is authorized to be appropriated to the Fund, out of funds of the Treasury not otherwise appropriated, $2,000,000,000 for the 5-year period beginning on October 1, 2008. (2) Availability of amounts.— Amounts deposited in the Fund under this section shall— (A) be made available without further appropriation; (B) be in addition to amounts made available under any other provision of law; and (C) remain available until expended. (c) Expenditures From Fund.— 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). (d) Transfers of Amounts.— (1) In general.— 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. (2) Adjustments.— 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. (e) Remaining Amounts.— 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. (f) Emergency Plan.— Not Deadline. later than 1 year after the date of enactment of this Act, 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)), 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— (1) the Attorney General shall use— (A) 18.5 percent for the construction, rehabilitation, and replacement of Federal Indian detention facilities; (B) 1.5 percent to investigate and prosecute crimes in Indian country (as defined in section 1151 of title 18, United States Code); (C) 1.5 percent for use by the Office of Justice Programs for Indian and Alaska Native programs; and (D) 0.5 percent to provide assistance to— (i) parties to cross-deputization or other cooperative agreements between State or local governments and Indian tribes (as defined in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a)) carrying out law enforcement activities in Indian country; and (ii) 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 3 of Public Law 103–399 (25 U.S.C. 3902)); (2) the Secretary of the Interior shall— (A) 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.); and (B) use 50 percent 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)); and (3) 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.)— (A) contract health services; (B) construction, rehabilitation, and replacement of Indian health facilities; and (C) 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)) pursuant to section 7 of the Act of August 5, 1954 (42 U.S.C. 2004a).

2. 2010

   Claims Resolution Act of 2010

   Pub. L. 111–291 § 831(1) · 124 Stat. 3064

   Substituted · 25 U.S.C. § 1684(b)(1)

   Pub. L. 111–291, § 831(1), substituted “$1,602,619,000” for “$2,000,000,000”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 111–291, § 831(1), substituted “$1,602,619,000” for “$2,000,000,000”.

   Enacted provision · exact public law section
   (1) in subsection (b)(1), by striking “$2,000,000,000” and inserting “$1,602,619,000”; and

3. 2010

   Claims Resolution Act of 2010

   Pub. L. 111–291 § 831(2) · 124 Stat. 3064

   Substituted · 25 U.S.C. § 1684(f)(2)(B)

   Pub. L. 111–291, § 831(2), substituted “not more than $602,619,000” for “50 percent”

   Source evidence

   Code amendment note
   Subsec. (f)(2)(B). Pub. L. 111–291, § 831(2), substituted “not more than $602,619,000” for “50 percent”.

   Enacted provision · exact public law section
   (2) in subsection (f)(2)(B), by striking “50 percent” and inserting “not more than $602,619,000”.

3 of 3 references resolved to an enrolled provision