Page 605 TITLE 25—INDIANS § 2411

1See References in Text note below.

ment Act (43 U.S.C. 1601 et seq.)) which is recognized as eligible for special programs and

services provided by the United States to Indians because of their status as Indians.

(4) The term ‘‘prevention and treatment’’ includes, as appropriate—

(A) efforts to identify, and the identification of, Indians who are at risk with respect

to, or who are abusers of, alcohol or controlled substances,

(B) intervention into cases of on-going alcohol and substance abuse to halt a further

progression of such abuse,

(C) prevention through education and the

provision of alternative activities,

(D) treatment for alcohol and substance

abusers to help abstain from, and alleviate

the effects of, abuse,

(E) rehabilitation to provide on-going assistance, either on an inpatient or outpatient basis, to help Indians reform or abstain from alcohol or substance abuse,

(F) follow-up or after-care to provide the

appropriate counseling and assistance on an

outpatient basis, and

(G) referral to other sources of assistance

or resources.

(5) The term ‘‘service unit’’ means an administrative entity within the Indian Health Service or a tribe or tribal organization operating

health care programs or facilities with funds

from the Indian Health Service under the Indian Self-Determination Act [25 U.S.C. 450f et

seq.] through which the services are provided,

directly or by contract, to the eligible Indian

population within a defined geographic area.

(6) The terms ‘‘Urban Indian’’, ‘‘Urban Center’’, and ‘‘Urban Indian Organization’’ shall

have the same meaning as provided in section

1603 of this title.

(Pub. L. 99–570, title IV, §4204, Oct. 27, 1986, 100

Stat. 3207–138; Pub. L. 100–690, title II, §2202,

Nov. 18, 1988, 102 Stat. 4217.)

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred

to in par. (3), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688,

as amended, which is classified generally to chapter 33

(§1601 et seq.) of Title 43, Public Lands. For complete

classification of this Act to the Code, see Short Title

note set out under section 1601 of Title 43 and Tables.

The Indian Self-Determination Act, referred to in

par. (5), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat.

2206, as amended, which is classified principally to part

A (§450f et seq.) of subchapter II of chapter 14 of this

title. For complete classification of this Act to the

Code, see Short Title note set out under section 450 of

this title and Tables.

AMENDMENTS

1988—Par. (6). Pub. L. 100–690 added par. (6).

SUBCHAPTER II—COORDINATION OF

RESOURCES AND PROGRAMS

§ 2411. Inter-departmental Memorandum of

Agreement

(a) In general

Not later than 120 days after October 27, 1986,

the Secretary of the Interior and the Secretary

of Health and Human Services shall develop and

enter into a Memorandum of Agreement which

shall, among other things—

(1) determine and define the scope of the

problem of alcohol and substance abuse for Indian tribes and their members and its financial and human costs, and specifically identify

such problems affecting Indian youth,

(2) identify—

(A) the resources and programs of the Bureau of Indian Affairs and Indian Health

Service, and

(B) other Federal, tribal, State and local,

and private resources and programs,

which would be relevant to a coordinated effort to combat alcohol and substance abuse

among Indian people, including those programs and resources made available by this

chapter,

(3) develop and establish appropriate minimum standards for each agency’s program responsibilities under the Memorandum of

Agreement which may be—

(A) the existing Federal or State standards

in effect, or

(B) in the absence of such standards, new

standards which will be developed and established in consultation with Indian tribes,

(4) coordinate the Bureau of Indian Affairs

and Indian Health Service alcohol and substance abuse programs existing on October 27,

1986, with programs or efforts established by

this chapter,

(5) delineate the responsibilities of the Bureau of Indian Affairs and the Indian Health

Service to coordinate alcohol and substance

abuse-related services at the central, area,

agency, and service unit levels,

(6) direct Bureau of Indian Affairs agency

and education superintendents, where appropriate, and the Indian Health Service service

unit directors to cooperate fully with tribal

requests made pursuant to section 2412 of this

title, and

(7) provide for an annual review of such

agreements by the Secretary of the Interior

and the Secretary of Health and Human Services.

(b) Character of activities

To the extent that there are new activities

undertaken pursuant to this chapter, those activities shall supplement, not supplant, activities, programs, and local actions that are ongoing on October 27, 1986. Such activities shall

be undertaken in the manner least disruptive to

tribal control, in accordance with the Indian

Self-Determination and Education Assistance

Act (25 U.S.C. 450 et seq.), and local control, in

accordance with section 2010 1 of this title.

(c) Consultation

The Secretary of the Interior and the Secretary of Health and Human Services shall, in

developing the Memorandum of Agreement

under subsection (a) of this section, consult with

and solicit the comments of—

(1) interested Indian tribes,

(2) Indian individuals,

(3) Indian organizations, and
§ 2412 TITLE 25—INDIANS Page 606

1See References in Text note below.

(4) professionals in the treatment of alcohol

and substance abuse.

(d) Publication

The Memorandum of Agreement under subsection (a) of this section shall be submitted to

Congress and published in the Federal Register

not later than 130 days after October 27, 1986. At

the same time as publication in the Federal

Register, the Secretary of the Interior shall provide a copy of this chapter and the Memorandum of Agreement under subsection (a) of this

section to each Indian tribe.

(Pub. L. 99–570, title IV, §4205, Oct. 27, 1986, 100

Stat. 3207–139.)

REFERENCES IN TEXT

The Indian Self-Determination and Education Assistance Act, referred to in subsec. (b), is Pub. L. 93–638,

Jan. 4, 1975, 88 Stat. 2203, as amended, which is classified principally to subchapter II (§450 et seq.) of chapter 14 of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 450 of this title and Tables.

Section 2010 of this title, referred to in subsec. (b),

was in the original a reference to section 1130 of the

Education Amendments of 1978, Pub. L. 95–561. Section

1130 of Pub. L. 95–561 was omitted in the general amendment of chapter 22 (§2001 et seq.) of this title by Pub.

L. 103–382, title III, §381, Oct. 20, 1994, 108 Stat. 3979.

Pub. L. 103–382 enacted a new section 1130 of Pub. L.

95–561, relating to uniform direct funding and support,

which is classified to section 2010 of this title. Provisions relating to Indian control of Indian education are

now contained in section 2011 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1665, 1665a, 2403,

2412, 2413, 2414a, 2431, 2433, 2441, 2452 of this title.

§ 2412. Tribal Action Plans

(a) In general

The governing body of any Indian tribe may,

at its discretion, adopt a resolution for the establishment of a Tribal Action Plan to coordinate available resources and programs, including programs and resources made available by

this chapter, in an effort to combat alcohol and

substance abuse among its members. Such resolution shall be the basis for the implementation

of this chapter and of the Memorandum of

Agreement under section 2411 of this title.

(b) Cooperation

At the request of any Indian tribe pursuant to

a resolution adopted under subsection (a) of this

section, the Bureau of Indian Affairs agency and

education superintendents, where appropriate,

and the Indian Health Service service unit director providing services to such tribe shall cooperate with the tribe in the development of a Tribal

Action Plan to coordinate resources and programs relevant to alcohol and substance abuse

prevention and treatment. Upon the development of such a plan, such superintendents and

director, as directed by the Memorandum of

Agreement established under section 2411 of this

title, shall enter into an agreement with the

tribe for the implementation of the Tribal Action Plan under subsection (a) of this section.

(c) Provisions

(1) Any Tribal Action Plan entered into under

subsection (b) of this section shall provide for—

(A) the establishment of a Tribal Coordinating Committee which shall—

(i) at a minimum, have as members a tribal representative who shall serve as Chairman and the Bureau of Indian Affairs agency

and education superintendents, where appropriate, and the Indian Health Service service

unit director, or their representatives,

(ii) have primary responsibility for the implementation of the Tribal Action Plan,

(iii) have the responsibility for on-going

review and evaluation of, and the making of

recommendations to the tribe relating to,

the Tribal Action Plan, and

(iv) have the responsibility for scheduling

Federal, tribal or other personnel for training in the prevention and treatment of alcohol and substance abuse among Indians as

provided under section 2475 1 of this title, and

(B) the incorporation of the minimum standards for those programs and services which it

encompasses which shall be—

(i) the Federal or State standards as provided in section 2411(a)(3) of this title, or

(ii) applicable tribal standards, if such

standards are no less stringent than the Federal or State standards.

(2) Any Tribal Action Plan may, among other

things, provide for—

(A) an assessment of the scope of the problem of alcohol and substance abuse for the Indian tribe which adopted the resolution for the

Plan,

(B) the identification and coordination of

available resources and programs relevant to a

program of alcohol and substance abuse prevention and treatment,

(C) the establishment and prioritization of

goals and the efforts needed to meet those

goals,

(D) the identification of the community and

family roles in any of the efforts undertaken

as part of the Tribal Action Plan,

(E) the establishment of procedures for

amendment and revision of the plan as may be

determined necessary by the Tribal Coordinating Committee, and

(F) an evaluation component to measure the

success of efforts made.

(3) All Tribal Action Plans shall be updated

every 2 years.

(d) Grants

(1) The Secretary of the Interior may make

grants to Indian tribes adopting a resolution

pursuant to subsection (a) of this section to provide technical assistance in the development of

a Tribal Action Plan. The Secretary shall allocate funds based on need.

(2) There are authorized to be appropriated for

grants under this subsection not more than

$2,000,000 for fiscal year 1993 and such sums as

are necessary for each of the fiscal years 1994,

1995, 1996, 1997, 1998, 1999, and 2000.

(e) Federal action

If any Indian tribe does not adopt a resolution

as provided in subsection (a) of this section