25 U.S.C. § 2451 — Bureau of Indian Affairs law enforcement

Page 481 TITLE 25—INDIANS § 2451 L. 111–211, title II, § 241(e), July 29, 2010, 124 Stat. 2290.) Editorial Notes REFERENCES IN TEXT The Indian Self-Determination Act (25 U.S.C. 450f et seq.), referred to in subsec. (b)(1), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which was classified principally to part A (§ 450f et seq.) of subchapter II of chapter 14 of this title prior to editorial reclassifica- tion as subchapter I (§ 5321 et seq.) of chapter 46 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. AMENDMENTS 2010—Subsec. (a)(1)(D). Pub. L. 111–211, § 241(e)(1)(A), added subpar. (D). Subsec. (a)(2). Pub. L. 111–211, § 241(e)(1)(B), sub- stituted ‘‘United States Customs and Border Protec- tion, the Bureau of Immigration and Customs Enforce- ment, and the Drug Enforcement Administration’’ for ‘‘United States Custom Service’’. Subsec. (a)(3). Pub. L. 111–211, § 241(e)(1)(C), added par. (3) and struck out former par. (3) which read as follows: ‘‘For the purpose of providing the assistance required by this subsection, there are authorized to be appro- priated— ‘‘(A) $500,000 under paragraph (1)(A) 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, ‘‘(B) $500,000 under paragraph (1)(B) 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, and ‘‘(C) $500,000 under paragraph (1)(C) 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.’’ Subsec. (b)(2). Pub. L. 111–211, § 241(e)(2), which di- rected striking ‘‘for the fiscal year 1993 and such sums as may be necessary for each of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000’’ and ‘‘for each of fis- cal years 2011 through 2015.’’, was executed by sub- stituting ‘‘for each of fiscal years 2011 through 2015’’ for ‘‘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’’, to reflect the probable intent of Con- gress. 1992—Subsec. (a)(1)(C). Pub. L. 102–573, § 703(6), added subpar. (C). Subsec. (a)(3). Pub. L. 102–573, § 703(7), amended par. (3) generally. Prior to amendment, par. (3) read as fol- lows: ‘‘For the purpose of providing the assistance re- quired by this subsection, there are authorized to be appropriated— ‘‘(A) $500,000 under paragraph (1)(A) for each of the fiscal years 1989, 1990, 1991, and 1992, and ‘‘(B) $450,000 under paragraph (1)(B) for each of the fiscal years 1989 and 1990.’’ Subsec. (b). Pub. L. 102–573, § 703(8), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘(1) The Secretary of the Interior, in cooperation with appropriate Federal, tribal, and State and local law enforcement agencies, shall establish and imple- ment a program for the eradication of marijuana cul- tivation within Indian country as defined in section 1152 of title 18. The Secretary shall establish a priority for the use of funds appropriated under subsection (b) of this section for those Indian reservations where the scope of the problem is most critical, and such funds shall be available for contracting by Indian tribes pur- suant to the Indian Self-Determination Act. ‘‘(2) AUTHORIZATION.—For the purpose of establishing the program required by paragraph (1), there are au- thorized to be appropriated $500,000 for each of the fis- cal years 1989, 1990, 1991, and 1992.’’ 1988—Pub. L. 100–690, § 2208(a), substituted ‘‘Tohono O’odham and St. Regis Reservations;’’ for ‘‘Papago Res- ervation:’’ in section catchline. Subsec. (a). Pub. L. 100–690, § 2208(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: ‘‘(1) INVESTIGATION AND CONTROL.—The Secretary of the Interior shall provide assistance to the Papago In- dian Tribe (Tohono O’odham) of Arizona for the inves- tigation and control of illegal narcotics traffic on the Papago Reservation along the border with Mexico. The Secretary shall ensure that tribal efforts are coordi- nated with appropriate Federal law enforcement agen- cies, including the United States Customs Service. ‘‘(2) AUTHORIZATIONS.—For the purpose of providing the assistance required by subsection (a) of this sec- tion, there is authorized to be appropriated $500,000 for each of the fiscal years 1987, 1988, and 1989.’’ Subsec. (b)(2). Pub. L. 100–690, § 2208(b), amended par. (2) generally. Prior to amendment, par. (2) read as fol- lows: ‘‘To carry out subsection (a) of this section, there is authorized to be appropriated such sums as may be necessary for each of the fiscal years 1987, 1988, and 1989.’’ SUBCHAPTER V—BUREAU OF INDIAN AFFAIRS LAW ENFORCEMENT § 2451. Bureau of Indian Affairs law enforcement and judicial training (a) Training programs (1) In general The Secretary of the Interior, in coordina- tion with the Attorney General, the Adminis- trator of the Drug Enforcement Administra- tion, and the Director of the Federal Bureau of Investigation, shall ensure, through the estab- lishment of a new training program or by supplementing existing training programs, that all Bureau of Indian Affairs and tribal law enforcement and judicial personnel have access to training regarding— (A) the investigation and prosecution of offenses relating to illegal narcotics; and (B) alcohol and substance abuse prevention and treatment. (2) Youth-related training Any training provided to Bureau of Indian Affairs or tribal law enforcement or judicial personnel under paragraph (1) shall include training in issues relating to youth alcohol and substance abuse prevention and treat- ment. (b) Authorization For the purposes of providing the training re- quired by subsection (a), there are authorized to be appropriated $2,000,000 for fiscal year 1993 and such sums as are necessary for each of fiscal years 2011 through 2015. (Pub. L. 99–570, title IV, § 4218, Oct. 27, 1986, 100 Stat. 3207–146; Pub. L. 100–690, title II, § 2209, Nov. 18, 1988, 102 Stat. 4219; Pub. L. 102–573, title VII, § 703(9), Oct. 29, 1992, 106 Stat. 4584; Pub. L. 111–211, title II, § 241(f), July 29, 2010, 124 Stat. 2291.) Editorial Notes AMENDMENTS 2010—Subsec. (a). Pub. L. 111–211, § 241(f)(1), added sub- sec. (a) and struck out former subsec. (a). Prior to Page 482 TITLE 25—INDIANS § 2452 1 So in original. Probably should be ‘‘Affairs’’. 2 So in original. Probably should be followed by ‘‘service’’. amendment, text read as follows: ‘‘The Secretary of the Interior shall ensure, through the establishment of a new training program or through the supplement of ex- isting training programs, that all Bureau of Indian Af- fairs and tribal law enforcement and judicial personnel shall have available training in the investigation and prosecution of offenses relating to illegal narcotics and in alcohol and substance abuse prevention and treat- ment. Any training provided to Bureau of Indian Af- fairs and tribal law enforcement and judicial personnel as provided in this subsection shall specifically include training in the problems of youth alcohol and sub- stance abuse prevention and treatment. Such training shall be coordinated with the Indian Health Service in the carrying out of its responsibilities under section 2475 of this title.’’ Subsec. (b). Pub. L. 111–211, § 241(f)(2), substituted ‘‘as are necessary for each of fiscal years 2011 through 2015.’’ for ‘‘as may be necessary for each of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999 and 2000.’’ 1992—Subsec. (b). Pub. L. 102–573 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as fol- lows: ‘‘For the purpose of providing the training re- quired by subsection (a) of this section, there are au- thorized to be appropriated $1,500,000 for each of the fis- cal years 1989, 1990, 1991, and 1992.’’ 1988—Subsec. (b). Pub. L. 100–690 amended subsec. (b) generally, substituting ‘‘1989, 1990, 1991, and 1992’’ for ‘‘1987, 1988, and 1989’’. § 2452. Medical assessment and treatment of ju- venile offenders (a) Development and implementation of proce- dures The Memorandum of Agreement entered into pursuant to section 2411 of this title shall in- clude a specific provision for the development and implementation at each Bureau of Indian Affair 1 agency and Indian Health Service 2 unit of a procedure for the emergency medical assess- ment and treatment of every Indian youth ar- rested or detained by Bureau of Indian Affairs or tribal law enforcement personnel for an offense relating to or involving alcohol or substance abuse. The medical assessment required by this subsection— (1) shall be conducted to determine the men- tal or physical state of the individual assessed so that appropriate steps can be taken to pro- tect the individual’s health and well-being, (2) shall occur as soon as possible after the arrest or detention of an Indian youth, and (3) shall be provided by the Indian Health Service, either through its direct or contract health service. (b) Treatment of certain committed youth The Indian Health Service shall not refuse to provide necessary interim treatment for any In- dian youth referred pursuant to subsection (a) who has been charged or is being prosecuted for any crime unless such referral is prohibited by a court of competent jurisdiction or the youth is determined by a court of competent jurisdiction to be a danger to others. (Pub. L. 99–570, title IV, § 4219, Oct. 27, 1986, 100 Stat. 3207–147; Pub. L. 100–690, title II, § 2210, Nov. 18, 1988, 102 Stat. 4219.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–690 designated existing provisions as subsec. (a) and added subsec. (b). § 2453. Juvenile detention centers (a) Plan (1) In general The Secretary of the Interior shall construct or renovate and staff new or existing juvenile detention centers. (2) Construction and operation The Secretary shall ensure that the con- struction and operation of the centers is con- sistent with the Juvenile Justice and Delin- quency Prevention Act of 1974 [34 U.S.C. 11101 et seq.]. (3) Development of plan (A) In general Not later than 1 year after July 29, 2010, the Secretary and the Attorney General, in consultation with tribal leaders and tribal justice officials, shall develop a long-term plan for the construction, renovation, and operation of Indian juvenile detention and treatment centers and alternatives to deten- tion for juvenile offenders. (B) Coordination The plan under subparagraph (A) shall re- quire the Bureau of Indian Education and the Indian Health Service to coordinate with tribal and Bureau of Indian Affairs juvenile detention centers to provide services to those centers. (b) Authorization (1) For the purpose of constructing or ren- ovating juvenile detention centers as provided in subsection (a), there are authorized to be ap- propriated $10,000,000 for each of fiscal years 2011 through 2015. (2) For the purpose of staffing and operating juvenile detention centers, there are authorized to be appropriated $7,000,000 for each of fiscal years 2011 through 2015. (Pub. L. 99–570, title IV, § 4220, Oct. 27, 1986, 100 Stat. 3207–147; Pub. L. 100–690, title II, § 2211, Nov. 18, 1988, 102 Stat. 4219; Pub. L. 102–573, title VII, § 703(10), Oct. 29, 1992, 106 Stat. 4584; Pub. L. 111–211, title II, § 241(g), July 29, 2010, 124 Stat. 2291.) Editorial Notes REFERENCES IN TEXT The Juvenile Justice and Delinquency Prevention Act of 1974, referred to in subsec. (a)(2), is Pub. L. 93–415, Sept. 7, 1974, 88 Stat. 1109, which is classified principally to chapter 111 (§ 11101 et seq.) of Title 34, Crime Control and Law Enforcement. For complete classification of this Act to the Code, see Short Title of 1974 Act note set out under section 10101 of Title 34 and Tables. AMENDMENTS 2010—Subsec. (a). Pub. L. 111–211, § 241(g)(1), des- ignated first sentence as par. (1) and second sentence as par. (2), inserted headings, and added par. (3).