§ 12109. Payments for incarceration on tribal lands

Footnotes

1. 1 So in original. Probably should be capitalized.

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. 1996

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 title II § 20109 · 108 Stat. 1796

   Enacted · 34 U.S.C. § 12109

   Pub. L. 103–322, title II, § 20109, as added Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(a)], Apr. 26, 1996, 110 Stat. 1321, 1321–20

   Source evidence

   Code source credit
   Pub. L. 103–322, title II, § 20109, as added Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(a)], Apr. 26, 1996, 110 Stat. 1321, 1321–20

   Enacted provision · exact public law section
   SEC. 20109. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this subtitle— (1) $175,000,000 for fiscal year 1995; (2) $750,000,000 for fiscal year 1996; (3) $1,000,000,000 for fiscal year 1997; (4) $1,900,000,000 for fiscal year 1998; (5) $2,000,000,000 for fiscal year 1999; and (6) $2,070,000,000 for fiscal year 2000.

2. 2010

   Tribal Law and Order Act of 2010

   Pub. L. 111–211 § 244(a) · 124 Stat. 2258

   1. Added · 34 U.S.C. § 12109(a)

      Pub. L. 111–211, § 244(a), added subsec. (a)

   2. Struck · 34 U.S.C. § 12109(a)

      Pub. L. 111–211, § 244(a), struck out former subsec. (a). Prior to amendment, text read as follows: “Notwithstanding any other provision of this part other than section 13708(a)(2) of this title, from amounts appropriated to carry out sections 13703 and 13704 of this title, the Attorney General shall reserve, to carry out this section—

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 111–211, § 244(a), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “Notwithstanding any other provision of this part other than section 13708(a)(2) of this title, from amounts appropriated to carry out sections 13703 and 13704 of this title, the Attorney General shall reserve, to carry out this section—

   “(1) 0.3 percent in each of fiscal years 1996 and 1997; and “(2) 0.2 percent in each of fiscal years 1998, 1999, and 2000.”

   Enacted provision · exact public law section
   (a) In General.— Section 20109 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13709) is amended by striking subsection (a) and inserting the following: “(a) Reservation of Funds.— Notwithstanding any other provision of this part, of amounts made available to the Attorney General to carry out programs relating to offender incarceration, the Attorney General shall reserve $35,000,000 for each of fiscal years 2011 through 2015 to carry out this section.” .

3. 2010

   Tribal Law and Order Act of 2010

   Pub. L. 111–211 § 244(b)(1) · 124 Stat. 2258

   1. Added · 34 U.S.C. § 12109(b)

      Pub. L. 111–211, § 244(b)(1), added subsec. (b)

   2. Struck · 34 U.S.C. § 12109(b)

      Pub. L. 111–211, § 244(b)(1), struck out former subsec. (b). Prior to amendment, text read as follows: “From the amounts reserved under subsection (a) of this section, the Attorney General may make grants to Indian tribes for the purposes of constructing jails on tribal lands for the incarceration of offenders subject to tribal jurisdiction.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 111–211, § 244(b)(1), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “From the amounts reserved under subsection (a) of this section, the Attorney General may make grants to Indian tribes for the purposes of constructing jails on tribal lands for the incarceration of offenders subject to tribal jurisdiction.”

   Enacted provision · exact public law section
   (1) In general.— Section 20109 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13709) is amended by striking subsection (b) and inserting the following: “(b) Grants to Indian Tribes.— “(1) In general.— From the amounts reserved under subsection (a), the Attorney General shall provide grants— “(A) to Indian tribes for purposes of— “(i) construction and maintenance of jails on Indian land for the incarceration of offenders subject to tribal jurisdiction; “(ii) entering into contracts with private entities to increase the efficiency of the construction of tribal jails; and “(iii) developing and implementing alternatives to incarceration in tribal jails; “(B) to Indian tribes for the construction of tribal justice centers that combine tribal police, courts, and corrections services to address violations of tribal civil and criminal laws; “(C) to consortia of Indian tribes for purposes of constructing and operating regional detention centers on Indian land for long-term incarceration of offenders subject to tribal jurisdiction, as the applicable consortium determines to be appropriate. “(2) Priority of funding.— in providing grants under this subsection, the Attorney General shall take into consideration applicable— “(A) reservation crime rates; “(B) annual tribal court convictions; and “(C) bed space needs. “(3) Federal share.— Because of the Federal nature and responsibility for providing public safety on Indian land, the Federal share of the cost of any activity carried out using a grant under this subsection shall be 100 percent.” .

4. 2010

   Tribal Law and Order Act of 2010

   Pub. L. 111–211 § 244(b)(2) · 124 Stat. 2258

   Inserted · 34 U.S.C. § 12109(c)

   Pub. L. 111–211, § 244(b)(2), inserted “or consortium of Indian tribes, as applicable,” after “Indian tribe”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 111–211, § 244(b)(2), inserted “or consortium of Indian tribes, as applicable,” after “Indian tribe”.

   Enacted provision · exact public law section
   (2) Conforming amendment.— Section 20109(c) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13709(c)) is amended by inserting “or consortium of Indian tribes, as applicable,” after “Indian tribe”.

5. 2010

   Tribal Law and Order Act of 2010

   Pub. L. 111–211 § 244(b)(3) · 124 Stat. 2258

   Added · 34 U.S.C. § 12109(d)

   Pub. L. 111–211, § 244(b)(3), added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 111–211, § 244(b)(3), added subsec. (d).

   Enacted provision · exact public law section
   (3) Long-term plan.— Section 20109 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13709) is amended by adding at the end the following: “(d) Long-term Plan.— Not Deadline. later than 1 year after the date of enactment of this subsection, the Attorney General, in coordination with the Bureau of Indian Affairs and in consultation with tribal leaders, tribal law enforcement officers, and tribal corrections officials, shall submit to Congress a long-term plan to address incarceration in Indian country, including— “(1) a description of proposed activities for— “(A) construction, operation, and maintenance of juvenile (in accordance with section 4220(a)(3) of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2453(a)(3)) and adult detention facilities (including regional facilities) in Indian country; “(B) contracting with State and local detention centers, on approval of the affected tribal governments; and “(C) alternatives to incarceration, developed in cooperation with tribal court systems; “(2) an assessment and consideration of the construction of Federal detention facilities in Indian country; and “(3) any other alternatives as the Attorney General, in coordination with the Bureau of Indian Affairs and in consultation with Indian tribes, determines to be necessary.” .

7 of 7 references resolved to an enrolled provision