25 U.S.C. § 2432 — Indian education programs

Page 477 TITLE 25—INDIANS § 2432 1 See References in Text note below. without regard to the definition and proviso in section 4(l) of that Act [25 U.S.C. 5304(l)].’’ § 2416. Newsletter (a) In general The Secretary of the Interior shall publish an alcohol and substance abuse newsletter in co- operation with the Secretary of Health and Human Services and the Secretary of Education to report on Indian alcohol and substance abuse projects and programs. The newsletter shall— (1) be published once in each calendar quar- ter, (2) include reviews of programs determined by the Secretary of the Interior to be exem- plary and provide sufficient information to en- able interested persons to obtain further infor- mation about such programs, and (3) be circulated without charge to— (A) schools, (B) tribal offices, (C) Bureau of Indian Affairs’ agency and area offices, (D) Indian Health Service area and service unit offices, (E) Indian Health Service alcohol pro- grams, and (F) other entities providing alcohol and substance abuse related services or resources to Indian people. (b) Authorization of appropriations There are authorized to be appropriated to carry out this section $500,000 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. (Pub. L. 99–570, title IV, § 4210, Oct. 27, 1986, 100 Stat. 3207–143; Pub. L. 100–690, title II, § 2218, Nov. 18, 1988, 102 Stat. 4222; Pub. L. 102–573, title VII, § 703(3), Oct. 29, 1992, 106 Stat. 4583.) Editorial Notes AMENDMENTS 1992—Subsec. (b). Pub. L. 102–573 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as fol- lows: ‘‘There are authorized to be appropriated for each of the fiscal years 1989, 1990, 1991, and 1992, $300,000 to carry out the provisions of this section.’’ 1988—Pub. L. 100–690 struck out ‘‘, not later than 120 days after October 27, 1986,’’ after ‘‘the Interior shall’’, designated existing provisions as subsec. (a), and added subsec. (b). SUBCHAPTER III—INDIAN YOUTH PROGRAMS § 2431. Review of programs (a) Review In the development of the Memorandum of Agreement required by section 2411 of this title, the Secretary of the Interior, the Attorney Gen- eral, and the Secretary of Health and Human Services, in cooperation with the Secretary of Education shall review and consider— (1) Federal programs providing education services or benefits to Indian children, (2) tribal, State, local, and private edu- cational resources and programs, (3) Federal programs providing family and social services and benefits for Indian families and children, (4) Federal programs relating to youth em- ployment, recreation, cultural, and commu- nity activities, and (5) tribal, State, local, and private resources for programs similar to those cited in para- graphs (3) and (4), to determine their applicability and relevance in carrying out the purposes of this chapter. (b) Publication The results of the review conducted under sub- section (a) shall be provided to each Indian tribe as soon as possible for their consideration and use in the development or modification of a Tribal Action Plan under section 2412 of this title. (Pub. L. 99–570, title IV, § 4211, Oct. 27, 1986, 100 Stat. 3207–143; Pub. L. 111–211, title II, § 241(a)(6), July 29, 2010, 124 Stat. 2289.) Editorial Notes AMENDMENTS 2010—Subsec. (a). Pub. L. 111–211 inserted ‘‘, the At- torney General,’’ after ‘‘the Secretary of the Interior’’ in introductory provisions. § 2432. Indian education programs (a) Summer youth programs (1) In general The head of the Indian Alcohol and Sub- stance Abuse Program, in coordination with the Assistant Secretary for Indian Affairs, shall develop and implement programs in trib- al schools and schools funded by the Bureau of Indian Education (subject to the approval of the local school board or contract school board) to determine the effectiveness of sum- mer youth programs in advancing the purposes and goals of this Act. (2) Costs The head of the Indian Alcohol and Sub- stance Abuse Program and the Assistant Sec- retary shall defray all costs associated with the actual operation and support of the sum- mer youth programs in a school from funds ap- propriated to carry out this subsection. (3) Authorization of appropriations There are authorized to be appropriated to carry out the programs under this subsection $5,000,000 for each of fiscal years 2011 through 2015. (b) Use of funds Federal financial assistance made available to public or private schools because of the enroll- ment of Indian children pursuant to— (1) the Act of April 16, 1934, as amended by the Indian Education Assistance Act (25 U.S.C. 452 et seq.),1 (2) the Indian Elementary and Secondary School Assistance Act (20 U.S.C. 241aa et seq.),1 and (3) the Indian Education Act (20 U.S.C. 3385),1 may be used to support a program of instruction relating to alcohol and substance abuse preven- tion and treatment. Page 478 TITLE 25—INDIANS § 2433 (Pub. L. 99–570, title IV, § 4212, Oct. 27, 1986, 100 Stat. 3207–144; Pub. L. 100–690, title II, § 2206, Nov. 18, 1988, 102 Stat. 4218; Pub. L. 102–573, title VII, § 703(4), Oct. 29, 1992, 106 Stat. 4583; Pub. L. 111–211, title II, § 241(b), July 29, 2010, 124 Stat. 2289.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a)(1), is Pub. L. 99–570, Oct. 27, 1986, 100 Stat. 3207, known as the Anti- Drug Abuse Act of 1986. For complete classification of this Act to the Code, see Short Title of 1986 Amend- ment note set out under section 801 of Title 21, Food and Drugs, and Tables. Act of April 16, 1934, referred to in subsec. (b)(1), is act Apr. 16, 1934, ch. 147, 48 Stat. 596, popularly known as the Johnson-O’Malley Act, which was classified gen- erally to section 452 et seq. of this title prior to edi- torial reclassification as section 5342 et seq. 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. The Indian Education Assistance Act, referred to in subsec. (b)(1), is title II of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2213, which enacted subchapter III (§ 5349 et seq.) of chapter 46 of this title, sections 5345 to 5347 of this title, and provisions set out as a note under sec- tion 5347 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. The Indian Elementary and Secondary School Assist- ance Act, referred to in subsec. (b)(2), is title III of act Sept. 30, 1950, ch. 1124, as added by Pub. L. 92–318, title IV, § 411(a), June 23, 1972, 86 Stat. 334, as amended, which was classified generally to subchapter III (§ 241aa et seq.) of chapter 13 of Title 20, Education, and was re- pealed by Pub. L. 100–297, title V, § 5352(1), Apr. 28, 1988, 102 Stat. 414. The Indian Education Act, referred to in subsec. (b)(3), is title IV of Pub. L. 92–318, June 23, 1972, 86 Stat. 334. Section 3385 of Title 20, which was enacted by sec- tion 421(a) of the Act, was repealed by Pub. L. 100–297, title V, § 5352(2), Apr. 28, 1988. For complete classifica- tion of this Act to the Code, see Tables. CODIFICATION Pub. L. 111–211, § 241(b), which directed amendment of ‘‘[s]ection 4212 of the Indian Alcohol and Substance Abuse Prevention Act of 1986’’, was executed to this section, which is section 4212 of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986, to reflect the probable intent of Congress. See 2010 Amendment note below. AMENDMENTS 2010—Subsec. (a). Pub. L. 111–211 added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: ‘‘The Assistant Secretary of Indian Af- fairs shall develop and implement pilot programs in se- lected schools funded by the Bureau of Indian Affairs (subject to the approval of the local school board or contract school board) to determine the effectiveness of summer youth programs in furthering the purposes and goals of this chapter. The Assistant Secretary shall de- fray all costs associated with the actual operation and support of the pilot programs in the school from funds appropriated for this section. For the pilot programs there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1993, 1994, 1995, 1996, 1997, 1998, 1999, and 2000.’’ See Codification note above. 1992—Subsec. (a). Pub. L. 102–573 substituted ‘‘1993, 1994, 1995, 1996, 1997, 1998, 1999, and 2000’’ for ‘‘1989, 1990, 1991, and 1992’’. 1988—Subsec. (a). Pub. L. 100–690 substituted ‘‘1989, 1990, 1991, and 1992’’ for ‘‘1987, 1988, and 1989’’. § 2433. Emergency shelters (a) In general A Tribal Action Plan adopted pursuant to sec- tion 2412 of this title may make such provisions as may be necessary and practical for the estab- lishment, funding, licensing, and operation of emergency shelters or half-way houses for In- dian youth who are alcohol or substance abus- ers, 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 fa- cilities for youth admitted, or to be admitted, for long-term treatment of substance abuse. The Indian Health Service, the Bureau of Indian Af- fairs, and the tribes are authorized to use their respective resources to adequately staff and op- erate any such facility. (b) Referrals (1) In any case where an Indian youth is ar- rested or detained by the Bureau of Indian Af- fairs 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 [34 U.S.C. 11101 et seq.], under cir- cumstances where such youth may not be imme- diately restored to the custody of his parents or guardians and where there is space available in an appropriately licensed and supervised emer- gency shelter or half-way house, such youth shall be referred to such facility in lieu of incar- ceration in a secured facility unless such youth is deemed a danger to himself or to other per- sons. (2) In any case where there is a space available in an appropriately licensed and supervised emergency shelter or half-way house, the Bu- reau of Indian Affairs and tribal courts are en- couraged to refer Indian youth convicted of of- fenses 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 crimi- nal 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) 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). (d) Standards The Assistant Secretary of Indian Affairs shall, as part of the development of the Memo- randum 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) shall be established and operated.