PRIA, Government Policy, Made Personal

Summary

Creates the Emergency Fund for Indian Safety and Health in the U.S. Treasury and provides $1,602,619,000 for the five-year period beginning October 1, 2008. The money is available without more approval, is extra to other funding, and stays until it is spent. The Treasury must move money into the Fund at least monthly from the general fund using estimates and fix any over- or under-estimates later. On request, the Treasury will send needed amounts from the Fund to the Attorney General, the Secretary of the Interior, or the Secretary of Health and Human Services. Any money left on September 30 of a fiscal year can be used in later years. Within one year after July 30, 2008, the Attorney General, the Secretary of the Interior, and the Secretary of Health and Human Services, working with Indian tribes, must make a joint emergency plan for law enforcement, water, and health care for fiscal years 2010–2019. Each year the Fund’s money is split by percent and limits: the Attorney General gets 18.5% for Indian detention facilities, 1.5% to investigate and prosecute crimes in Indian country, 1.5% for Indian and Alaska Native Justice Programs, and 0.5% to support cross-deputization agreements and Alaska village safety programs; the Secretary of the Interior gets 15.5% for the BIA public safety and justice account and may use up to $602,619,000 for approved Indian water settlement projects; the Secretary of Health and Human Services (through the Indian Health Service) gets 12.5% for contract health services, health facility construction or repairs, and sanitation facilities serving Indian tribes.

Title 25, §1684

Indians, Source: USLM XML via OLRC

(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 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.

(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 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)), 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);

(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 5130 of this title) 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 3902 of this title);

(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.); 1 and

(B)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

(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.)— 1

(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)) 1 pursuant to section 2004a of title 42.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Indian Self-Determination and Education Assistance Act, referred to in subsec. (f), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally to subchapter II (§ 450 et seq.) of chapter 14 of this title prior to editorial reclassification as chapter 46 (§ 5301 et seq.) of this title. section 4 of the Act was classified to section 450b of this title prior to editorial reclassification as section 5304 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 5301 of this title and Tables. Codification Section was enacted as part of the Tom Lantos and Henry J. Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008, and not as part of the Indian Health Care Improvement Act which comprises this chapter. Section was formerly classified to section 443c of this title prior to editorial reclassification and renumbering as this section.

Amendments

2010—Subsec. (b)(1). Pub. L. 111–291, § 831(1), substituted “$1,602,619,000” for “$2,000,000,000”. Subsec. (f)(2)(B). Pub. L. 111–291, § 831(2), substituted “not more than $602,619,000” for “50 percent”.

§1684 Emergency Plan for Indian Safety and Health