§ 2433. — Emergency shelters.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2433]
TITLE 25--INDIANS
CHAPTER 26--INDIAN ALCOHOL AND SUBSTANCE ABUSE PREVENTION AND TREATMENT
SUBCHAPTER III--INDIAN YOUTH PROGRAMS
Sec. 2433. Emergency shelters
(a) In general
A Tribal Action Plan adopted pursuant to section 2412 of this title
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) 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 [42 U.S.C. 5601 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
In the case of any State that exercises criminal jurisdiction over
any part of Indian country under section 1162 of title 18 or section
1321 of this title, 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) of this section 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) of
this section.
(d) Standards
The Assistant Secretary of Indian Affairs shall, as part of the
development of the Memorandum of Agreement set out in section 2411 of
this title, promulgate standards by which the emergency shelters
established under a program pursuant to subsection (a) of this section
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 fiscal year 1993 and such
sums as may be necessary for each of the fiscal years 1994, 1995, 1996,
1997, 1998, 1999, and 2000.
(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 the fiscal years 1994, 1995,
1996, 1997, 1998, 1999, and 2000.
(3) 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 [25 U.S.C. 450f 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) the Secretary of the Interior determines that no Federal
land or facilities are reasonably available for emergency shelters
or halfway \1\ houses described in subsection (a) of this section to
serve the needs of that Indian tribe or tribal organization, and
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\1\ So in original. Probably should be ``half-way''.
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(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) of this section.
(5) Nothing in this chapter \2\ may be construed--
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\2\ See References in Text note below.
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(A) to limit the authority for contracts with, or grants to,
Indian tribes or tribal organizations under the Indian Self-
Determination Act [25 U.S.C. 450f 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, Sec. 4213, Oct. 27, 1986, 100 Stat. 3207-144;
Pub. L. 100-690, title II, Sec. 2207, Nov. 18, 1988, 102 Stat. 4218;
Pub. L. 101-272, Apr. 18, 1990, 104 Stat. 137; Pub. L. 102-573, title
VII, Sec. 703(5), Oct. 29, 1992, 106 Stat. 4583.)
References in Text
The Juvenile Justice and Delinquency Prevention Act of 1974,
referred to in subsec. (b)(1), is Pub. L. 93-415, Sept. 7, 1974, 88
Stat. 1109, as amended, which is classified principally to chapter 72
(Sec. 5601 et seq.) of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see Short Title note
set out under section 5601 of Title 42 and Tables.
The Indian Self-Determination Act, referred to in subsec. (e)(3),
(5)(A), is title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2206, as
amended, which is classified principally to part A (Sec. 450f et seq.)
of subchapter II of chapter 14 of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 450 of this title and Tables.
This chapter, referred to in subsec. (e)(5), was in the original
``this Act'' and was translated as reading ``this subtitle'', meaning
subtitle C of title IV of Pub. L. 99-570, Oct. 27, 1986, 100 Stat. 3207-
137, as amended, known as the Indian Alcohol and Substance Abuse
Prevention and Treatment Act of 1986, which is classified generally to
this chapter, to reflect the probable intent of Congress. For complete
classification of subtitle C to the Code, see Short Title note set out
under section 2401 of this title and Tables.
Amendments
1992--Subsec. (e)(1), (2). Pub. L. 102-573 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.
``(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 section 13 of this
title.''
1990--Subsec. (e)(1). Pub. L. 101-272, Sec. 1(1), inserted ``, or
purchase or lease of land or facilities for,'' after ``renovation of''.
Subsec. (e)(3). Pub. L. 101-272, Sec. 1(2), inserted ``or available
for grants'' after ``subject to contracting''.
Subsec. (e)(4), (5). Pub. L. 101-272, Sec. 1(3), added pars. (4) and
(5).
1988--Subsec. (a). Pub. L. 100-690, Sec. 2207(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.
Subsec. (e). Pub. L. 100-690, Sec. 2207(b), 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.''
Section Referred to in Other Sections
This section is referred to in section 1665d of this title.
