AGO 98020.

CourtNebraska
Nebraska Attorney General Opinions 1998. AGO 98020. DATE: March 18, 1998SUBJECT: Whether The Ponca Tribe Is Eligible To Receive Substance Abuse Funding From The Department Of Health and Human Services Pursuant to Neb. Rev. Stat. §§ 71-5016 Through 5040 And Whether The Ponca Tribe May Enter Into An Agreement With HHS Pursuant To The State-Tribal Cooperative Agreements Act, Neb. Rev. Stat. §§ 13-1501 Through 13-1509.REQUESTED BY: Judi M. Morgan, Executive Director of Commission on Indian AffairsWRITTEN BY: Don Stenberg, Attorney General Melanie J. Whittamore-Mantzios Assistant Attorney General You have asked our opinion regarding the following: 1. Whether or not the Ponca Tribe can obtain substance abuse funding from the Department of Health and Human Services (HHS) in the same manner that annual funding for substance abuse services is provided to three other Nebraska Tribes, i.e., Santee Sioux, Omaha, and Winnebago. 2. Whether or not the Ponca Tribe may enter into a State Tribal-Cooperative Agreement with HHS pursuant to Neb. Rev. Stat. §§ 13-1501 through 1509 (1997) in order to obtain substance abuse funding. Before addressing your first question, we will summarize the legislation that pertains to the status of the Ponca Tribe and the provision of substance abuse funding throughout the state. In 1990, Congress passed the "Ponca Restoration Act" which restored Federal recognition to the Ponca Tribe of Nebraska. 25 U.S.C.A. §§ 983 through 983h. Accordingly, all federal laws of general application to Indians and Indian tribes apply to the Ponca Tribe and its members. 25 U.S.C.A § 983a. Congress determined that reservation status would not be granted to any land acquired by or for the Tribe. 25 U.S.C.A. § 983e. Nevertheless, the tribe and its members are eligible for all federal services and benefits furnished to federally recognized tribes without regard to the existence of a reservation for the tribe. In the case of federal services available to members of federally recognized tribes residing on or near a reservation, members of the Ponca Tribe residing in Knox, Boyd, Madison, Douglas, or Lancaster counties of Nebraska or Charles Mix county of South Dakota shall be deemed on or near a reservation. 25 U.S.C.A. § 983c. The Nebraska Legislature created a framework for the treatment of alcoholism with Neb. Rev. Stat. §§ 71-5016...

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