§ 12109. Payments for incarceration on tribal lands
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/usc/title-34/section-12109A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Reservation of funds Notwithstanding any other provision of this part, of amounts made available to the Attorney General to carry out programs relating to offender incarceration, the Attorney General shall reserve $35,000,000 for each of fiscal years 2011 through 2015 to carry out this section.
(b)Grants to Indian tribes
(1)In general From the amounts reserved under subsection (a), the Attorney General shall provide grants—
(A)to Indian tribes for purposes of—
(i)construction and maintenance of jails on Indian land for the incarceration of offenders subject to tribal jurisdiction;
(ii)entering into contracts with private entities to increase the efficiency of the construction of tribal jails; and
(iii)developing and implementing alternatives to incarceration in tribal jails;
(B)to Indian tribes for the construction of tribal justice centers that combine tribal police, courts, and corrections services to address violations of tribal civil and criminal laws;
(C)to consortia of Indian tribes for purposes of constructing and operating regional detention centers on Indian land for long-term incarceration of offenders subject to tribal jurisdiction, as the applicable consortium determines to be appropriate.
(2)Priority of funding in 1 providing grants under this subsection, the Attorney General shall take into consideration applicable—
(A)reservation crime rates;
(B)annual tribal court convictions; and
(C)bed space needs.
(3)Federal share Because of the Federal nature and responsibility for providing public safety on Indian land, the Federal share of the cost of any activity carried out using a grant under this subsection shall be 100 percent.
(c)Applications To be eligible to receive a grant under this section, an Indian tribe or consortium of Indian tribes, as applicable, shall submit to the Attorney General an application in such form and containing such information as the Attorney General may by regulation require.
(d)Long-term plan Not later than 1 year after July 29, 2010, the Attorney General, in coordination with the Bureau of Indian Affairs and in consultation with tribal leaders, tribal law enforcement officers, and tribal corrections officials, shall submit to Congress a long-term plan to address incarceration in Indian country, including—
(1)a description of proposed activities for—
(A)construction, operation, and maintenance of juvenile (in accordance with section 2453(a)(3) of title 25) and adult detention facilities (including regional facilities) in Indian country;
(B)contracting with State and local detention centers, on approval of the affected tribal governments; and
(C)alternatives to incarceration, developed in cooperation with tribal court systems;
(2)an assessment and consideration of the construction of Federal detention facilities in Indian country; and
(3)any other alternatives as the Attorney General, in coordination with the Bureau of Indian Affairs and in consultation with Indian tribes, determines to be necessary.
(Pub. L. 103–322, title II, § 20109, as added Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(a)], Apr. 26, 1996, 110 Stat. 1321, 1321–20; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327; amended Pub. L. 111–211, title II, § 244, July 29, 2010, 124 Stat. 2294.)
Connections59 cite this · traces to 2
Cited by 59 sections
public-private-law
- Public Law 116-260Consolidated Appropriations Act, 2021
- Public Law 115-141Consolidated Appropriations Act, 2018
- Public Law 117-328Consolidated Appropriations Act, 2023
- Public Law 117-103Consolidated Appropriations Act, 2022
- Public Law 116-6Consolidated Appropriations Act, 2019
- Public Law 116-93Consolidated Appropriations Act, 2020
- Public Law 119-74Commerce, Justice, Science; Energy and Water Development; and Interior and Environment Appropriations Act, 2026
U.S. Code
statute-compilations
- Sec. 214Notwithstanding any other provision of law, section 20109(a) of subtitle A of title II of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12109(a)) shall not apply to amounts made available by this or any other Act.
- Sec. 214Notwithstanding any other provision of law, section 20109(a) of subtitle A of title II of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12109(a)) shall not apply to amounts made available by this or any other Act.
- Sec. 799DFor necessary expenses for salary and related costs associated with Agriculture Quarantine and Inspection Services activities pursuant to 21 U.S.C. 136a(6), and in addition to any other funds made available for this purpose, there is appropriated, out of any money in the Treasury not otherwise appropriated, $635,000,000, to remain available until September 30, 2022, to offset the loss resulting from the coronavirus pandemic of quarantine and inspection fees collected pursuant to sections 2508 and 2509 of the Food, Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 136, 136a): * Provided*, That amounts made available in this section shall be treated as funds collected by fees authorized under sections 2508 and 2509 of the Food, Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 136, 136a) for purposes of section 421(f) of the Homeland Security Act of 2002 (6 U.S.C. 231(f)): * Provided further*, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
- Sec. 787The Secretary shall use funds made available under the heading “Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)” to increase the amount of a cash-value voucher for women and children participants to an amount recommended by the National Academies of Science, Engineering and Medicine and adjusted for inflation.
- Sec. 20109PAYMENTS FOR INCARCERATION ON TRIBAL LANDS
- Sec. 793### (a)
statutes-at-large
- Public Law 115–141To amend the State Department Basic Authorities Act of 1956 to include severe forms of trafficking in persons within the definition of transnational organized crime for purposes of the rewards program of the Department of State, and for other purposes
- Public Law 116–6
- Public Law 117–103Making consolidated appropriations for the fiscal year ending September 30, 2022, and for providing emergency assistance for the situation in Ukraine, and for other purposes
- Public Law 116–260Making consolidated appropriations for the fiscal year ending September 30, 2021, providing coronavirus emergency response and relief, and for other purposes
- Public Law 116–93Making consolidated appropriations for the fiscal year ending September 30, 2020, and for other purposes
- Public Law 117–328Making consolidated appropriations for the fiscal year ending September 30, 2023, and for providing emergency assistance for the situation in Ukraine, and for other purposes
bill
- Sec. 106Detention facilities
- Sec. 214
- Sec. 212
- Sec. 106Detention facilities
- Sec. 214
- Sec. 214
- Sec. 214
- Sec. 214
- Sec. 214
- Sec. 214
- Sec. 214
- Sec. 110Detention facilities
- Sec. 110Detention facilities
- Sec. 214
- Sec. 850Detention facilities
- Sec. 214
- Sec. 214
- Sec. 212
- Sec. 212
- Sec. 212
- Sec. 213
- Sec. 214
- Sec. 214
- Sec. 214
- Sec. 214
- Sec. 214
- Sec. 213
- Sec. 214
- Sec. 214
- Sec. 214
- Sec. 214
- Sec. 214
- Sec. 214
- Sec. 214
- Sec. 214
- Sec. 214
- Sec. 214
- Sec. 214
- Sec. 214
Traces to 2 documents
17 references not yet in our index
- 1
- Pub. L. 103–322, title II, § 20109
- Pub. L. 104–134, title I, § 101[(a)]
- 110 Stat. 1321
- Pub. L. 104–140, § 1(a)
- 110 Stat. 1327
- Pub. L. 111–211, title II, § 244
- 124 Stat. 2294
- section 20109 of Pub. L. 103–322
- 108 Stat. 1818
- Pub. L. 103–322
- Pub. L. 104–134
- Pub. L. 111–211, § 244(a)
- section 13708(a)(2) of this title
- Pub. L. 111–211, § 244(b)(1)
- Pub. L. 111–211, § 244(b)(2)
- Pub. L. 111–211, § 244(b)(3)
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cites case law
§ 12109
Payments for incarceration on tribal lands
Bills×39
Pub. L.×7
Stat. Comp.×6
Stat.×6
U.S.C.×1
Cite1
Pub. L.Pub. L. 103–322, title II, § 20109
Pub. L.Pub. L. 104–134, title I, § 101[(a)]
Stat.110 Stat. 1321
Pub. L.Pub. L. 104–140, § 1(a)
Cites 19 · showing 7Cited by 59 across 5 sources