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25 U.S.C. § 1602 — Emergency plan for Indian safety and health

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1602 — 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 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** A

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Stable record: federal_law:legal_authorities:record_usc_afdd4fcdf022e55b1f584bb1
Source file: Laws/federal/codes/united-states-code/title-25/section-1602-emergency-plan-for-indian-safety-and-health--6b186f6560.md
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Source location: Title 25, Chapter 18, § 1602; chapter-018-indian-health-care.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450b&num=0&edition=prelim))),11 See References in Text note below. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1151&num=0&edition=prelim)); (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 5130 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5130&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3902&num=0&edition=prelim)); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450b&num=0&edition=prelim))); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450b&num=0&edition=prelim))) 1 pursuant to [section 2004a of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2004a&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1151 — Indian country defined

Except as otherwise provided in sections 1154 and 1156 of this title, the term “Indian country”, as used in this chapter, means (a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation, (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 1151

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 443c — Transferred

### Statutory Notes #### Codification Section 443c was editorially reclassified as [section 1684 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1684&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 443c

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5130 — Definitions

For the purposes of this title: 11 See References in Text note below. (1) The term “Secretary” means the Secretary of the Interior. (2) The term “Indian tribe” means any Indian or Alaska Native tribe, band, nation, pueblo, village or community that the Secretary of the Interior acknowledges to exist as an Indian tribe. (3) The term “list” means the list of recognized tribes published by the Secretary pursuant to [section 5131 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5131&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5130

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5301 — Application of other sections of this chapter

**(a) Mandatory application** All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter. **(b) Discretionary application** At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5301

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5304 — Authorization of appropriations

**(a) In general** There are authorized to be appropriated such sums as may be necessary to carry out this subchapter. **(b) Availability of appropriations** Notwithstanding any other provision of this chapter, the provision of funds under this chapter shall be subject to the availability of appropriations and the Secretary is not required to reduce funding for programs, projects, or activities serving a tribe in order to make funds available to another tribe or tribal organization under this chapter.

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5304

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2004a — Sanitation facilities

**(a) Powers of Surgeon General** In carrying out his functions under this subchapter with respect to the provision of sanitation facilities and services, the Surgeon General is authorized— (1) to construct, improve, extend, or otherwise provide and maintain, by contract or otherwise, essential sanitation facilities, including domestic and community water supplies and facilities, drainage facilities, and sewage- and waste-disposal facilities, together with necessary appurtenances and fixtures, for Indian homes, communities, and lands; (2) to acquire lands, or rights or interests therein, including sites, rights-of-way, and easements, and to acquire rights to the use of water, by purchase, lease, gift, exchange, or otherwise, when necessary for the purposes of this section, except that no lands or rights or interests therein may be acquired from an Indian tribe, band, group, community, or individual other than by gift or for nominal consideration, if the facility for which such lands or rights or interests therein are acquired is for the exclusive benefit of such tribe, band, group, community, or individual, respectively; (3) to make such arrangements and agreements with appropriate public authorities and nonprofit organizations or agencies and with the Indians to be served by such sanitation facilities (and any other person so served) regarding contributions toward the construction, improvement, extension and provision thereof, and responsibilities for maintenance thereof, as in his judgment are equitable and will best assure the future maintenance of facilities in an effective and operating condition; and (4) to transfer any facilities provided under this section, together with appurtenant interests in land, with or without a money consideration, and under such ter

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2004a

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 450 — Transferred

### Statutory Notes #### Codification Section 458aaa–18 was editorially reclassified as [section 5399 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5399&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 450

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 450b — Transferred

### Statutory Notes #### Codification Section 458bbb–2, Pub. L. 93–638, title V, § 503, as added Pub. L. 106–568, title XIII, § 1302, Dec. 27, 2000, 114 Stat. 2938, was renumbered section 803 of Pub. L. 93–638 and transferred to [section 458ddd–2 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section458ddd-2&num=0&edition=prelim) prior to editorial reclassification as [section 5423 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5423&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 450b

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 3902 — Definitions

For the purposes of this chapter, the following definitions shall apply: (1) **Closure or close** — The term “closure or close” means the termination of operations at open dumps on Indian land or Alaska Native land and bringing such dumps into compliance with applicable Federal standards and regulations, or standards promulgated by an Indian tribal government or Alaska Native entity, if such standards are more stringent than the Federal standards and regulations. (2) **Director** — The term “Director” means the Director of the Indian Health Service. (3) **Indian land** — The term “Indian land” means— (A) land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation; (B) dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a State; and (C) Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through such allotments. (4) **Alaska Native land** — The term “Alaska Native land” means (A) land conveyed or to be conveyed pursuant to the Alaska Native Claims Settlement Act [[43 U.S.C. 1601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim) et seq.], including any land reconveyed under section 14(c)(3) 11 See References in Text note below. of that Act ([43 U.S.C. 1613(c)(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1613/c/3&num=0&edition=prelim)), and (B) land conveyed pursuant to the Act of November 2, 1966 ([16 U.S.C. 1151](https://uscode.house.gov/vie

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3902

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1621e — Health promotion and disease prevention services

**(a) Authorization** The Secretary, acting through the Service, shall provide health promotion and disease prevention services to Indians so as to achieve the health status objectives set forth in section 1602(b) 11 See References in Text note below. of this title. **(b) Evaluation statement for Presidential budget** The Secretary shall submit to the President for inclusion in each statement which is required to be submitted to the Congress under [section 1671 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1671&num=0&edition=prelim) an evaluation of— (1) the health promotion and disease prevention needs of Indians, (2) the health promotion and disease prevention activities which would best meet such needs, (3) the internal capacity of the Service to meet such needs, and (4) the resources which would be required to enable the Service to undertake the health promotion and disease prevention activities necessary to meet such needs.

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1621e

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