SUBCHAPTER IV—LAW ENFORCEMENT AND JUDICIAL SERVICES
§2441. Review of programs
(a) Law enforcement and judicial services
In the development of the Memorandum of Agreement required by section 2411 of this title, the Secretary of the Interior, the Attorney General, and the Secretary of Health and Human Services, in cooperation with the Attorney General of the United States, shall review and consider—
(1) the various programs established by Federal law providing law enforcement or judicial services for Indian tribes, and
(2) tribal and State and local law enforcement and judicial programs and systems
to determine their applicability and relevance in carrying out the purposes of this chapter.
(b) Dissemination of review
The results of the review conducted pursuant to subsection (a) shall be made available to every Indian tribe as soon as possible for their consideration and use in the development and modification of a Tribal Action Plan.
(Pub. L. 99–570, title IV, §4215, Oct. 27, 1986, 100 Stat. 3207–145; Pub. L. 111–211, title II, §241(d), July 29, 2010, 124 Stat. 2290.)
Editorial Notes
Amendments
2010—Subsec. (a). Pub. L. 111–211 inserted ", the Attorney General," after "the Secretary of the Interior" in introductory provisions.
§2442. Illegal narcotics traffic on Tohono O'odham and St. Regis Reservations; source eradication
(a) Investigation and control
(1) The Secretary of the Interior shall provide assistance to—
(A) the Tohono O'odham Tribe of Arizona for the investigation and control of illegal narcotics traffic on the Tohono O'odham Reservation along the border with Mexico;
(B) the St. Regis Band of Mohawk Indians of New York for the development of tribal law enforcement and judicial systems to aid in the investigation and control of illegal narcotics traffic on the St. Regis Reservation along the border with Canada;
(C) the Makah Indian Tribe of Washington for the investigation and control of illegal narcotic traffic on the Makah Indian Reservation arising from its proximity to international waters; and
(D) the Blackfeet Nation of Montana for the investigation and control of illegal narcotics traffic on the Blackfeet Indian Reservation along the border with Canada.
(2) The Secretary shall ensure that tribal efforts under this subsection are coordinated with appropriate Federal law enforcement agencies, including the United States Customs and Border Protection, the Bureau of Immigration and Customs Enforcement, and the Drug Enforcement Administration.
(3) Authorization of appropriations.—There is authorized to be appropriated to carry out this subsection $2,000,000 for each of fiscal years 2011 through 2015.
(b) Marijuana eradication and interdiction
(1) The Secretary of the Interior, in cooperation with appropriate Federal, tribal, and State and local law enforcement agencies, shall establish and implement a program for the eradication of marijuana cultivation, and interdiction, investigation, and control of illegal narcotics trafficking within Indian country as defined in section 1152 of title 18. The Secretary shall establish a priority for the use of funds appropriated under paragraph (2) for those Indian reservations where the scope of the problem is most critical, and such funds shall be available for contracting by Indian tribes pursuant to the Indian Self-Determination Act (25 U.S.C. 450f et seq.).1
(2) For the purpose of establishing the program required by paragraph (1), there are authorized to be appropriated $2,000,000 for each of fiscal years 2011 through 2015.
(Pub. L. 99–570, title IV, §4216, Oct. 27, 1986, 100 Stat. 3207–146; Pub. L. 100–690, title II, §2208, Nov. 18, 1988, 102 Stat. 4218; Pub. L. 102–573, title VII, §703(6)–(8), Oct. 29, 1992, 106 Stat. 4583; Pub. 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 reclassification 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), substituted "United States Customs and Border Protection, the Bureau of Immigration and Customs Enforcement, 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 appropriated—
"(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 directed 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 fiscal years 2011 through 2015.", was executed by substituting "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 Congress.
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 follows: "For the purpose of providing the assistance required 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 implement a program for the eradication of marijuana cultivation 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 pursuant to the Indian Self-Determination Act.
"(2) Authorization.—For the purpose of establishing the program required by paragraph (1), there are authorized to be appropriated $500,000 for each of the fiscal years 1989, 1990, 1991, and 1992."
1988—Pub. L. 100–690, §2208(a), substituted "Tohono O'odham and St. Regis Reservations;" for "Papago Reservation:" 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 Indian Tribe (Tohono O'odham) of Arizona for the investigation and control of illegal narcotics traffic on the Papago Reservation along the border with Mexico. The Secretary shall ensure that tribal efforts are coordinated with appropriate Federal law enforcement agencies, including the United States Customs Service.
"(2) Authorizations.—For the purpose of providing the assistance required by subsection (a) of this section, 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 follows: "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."