§ 2402 TITLE 25—INDIANS Page 604

1So in original.

sist the Indian tribes in meeting the health

and social needs of their members,

(3) alcoholism and alcohol and substance

abuse is the most severe health and social

problem facing Indian tribes and people today

and nothing is more costly to Indian people

than the consequences of alcohol and substance abuse measured in physical, mental, social, and economic terms,

(4) alcohol and substance abuse is the leading generic risk factor among Indians, and Indians die from alcoholism at over 4 times the

age-adjusted rates for the United States population and alcohol and substance misuse results in a rate of years of potential life lost

nearly 5 times that of the United States,

(5) 4 of the top 10 causes of death among Indians are alcohol and drug related injuries (18

percent of all deaths), chronic liver disease

and cirrhosis (5 percent), suicide (3 percent),

and homicide (3 percent),

(6) primarily because deaths from unintentional injuries and violence occur disproportionately among young people, the age-specific death rate for Indians is approximately

double the United States rate for the 15 to 45

age group,

(7) Indians between the ages of 15 and 24

years of age are more than 2 times as likely to

commit suicide as the general population and

approximately 80 percent of those suicides are

alcohol-related,

(8) Indians between the ages of 15 and 24

years of age are twice as likely as the general

population to die in automobile accidents, 75

percent of which are alcohol-related,

(9) the Indian Health Service, which is

charged with treatment and rehabilitation efforts, has directed only 1 percent of its budget

for alcohol and substance abuse problems,

(10) the Bureau of Indian Affairs, which has

responsibility for programs in education, social services, law enforcement, and other

areas, has assumed little responsibility for coordinating its various efforts to focus on the

epidemic of alcohol and substance abuse

among Indian people,

(11) this lack of emphasis and priority continues despite the fact that Bureau of Indian

Affairs and Indian Health Service officials

publicly acknowledge that alcohol and substance abuse among Indians is the most serious health and social problem facing the Indian people, and

(12) the Indian tribes have the primary responsibility for protecting and ensuring the

well-being of their members and the resources

made available under this chapter will assist

Indian tribes in meeting that responsibility.

(Pub. L. 99–570, title IV, §4202, Oct. 27, 1986, 100

Stat. 3207–137.)

REFERENCES IN TEXT

This chapter, referred to in par. (12), was in the original ‘‘this subtitle’’, meaning subtitle C of title IV of

Pub. L. 99–570, Oct. 27, 1986, 100 Stat. 3207–137, known as

the Indian Alcohol and Substance Abuse Prevention

and Treatment Act of 1986, which is classified generally

to this chapter. For complete classification of subtitle

C to the Code, see Short Title note below and Tables.

SHORT TITLE

Section 4201 of Pub. L. 99–570 provided that: ‘‘This

subtitle [subtitle C (§§4201–4230) of title IV of Pub. L.

99–570, enacting this chapter, amending section 1302 of

this title, and enacting provisions set out as a note

under section 1302 of this title] may be cited as the ‘Indian Alcohol and Substance Abuse Prevention and

Treatment Act of 1986’.’’

RULE OF CONSTRUCTION FOR PUB. L. 100–690

Pub. L. 100–690, title II, §2219, Nov. 18, 1988, 102 Stat.

4222, provided that: ‘‘Except as otherwise provided in

this Act or the amendments made by this Act [see

Tables for classification], nothing in this Act or the

amendments made by this Act shall be construed to affect the obligation of the United States to any Indian

or Indian tribe arising out of any treaty, statute, Executive order, or the trust responsibility of the United

States owing to such Indian or Indian tribe. Nothing in

this section shall exempt any individual Indian from

the sanctions of ‘user accountability’ provided for elsewhere in this Act: Provided, That no individual Indian

shall be denied any benefit under Federal Indian programs comparable to those ‘means tested’ safety net

programs otherwise excluded under this Act.’’

§ 2402. Purpose

It is the purpose of this chapter to—

(1) authorize and develop a comprehensive,

coordinated attack upon the illegal narcotics

traffic in Indian country and the deleterious

impact of alcohol and substance abuse upon

Indian tribes and their members,

(2) provide needed direction and guidance to

those Federal agencies responsible for Indian

programs to identify and focus existing programs and resources, including those made

available by this chapter, upon this problem,

(3) provide authority and opportunities for

Indian tribes to develop and implement a coordinated program for the prevention and treatment of alcohol and substance abuse at the

local level, and

(4) to 1 modify or supplement existing programs and authorities in the areas of education, family and social services, law enforcement and judicial services, and health services

to further the purposes of this chapter.

(Pub. L. 99–570, title IV, §4203, Oct. 27, 1986, 100

Stat. 3207–138.)

§ 2403. Definitions

For purposes of this chapter—

(1) The term ‘‘agency’’ means the local administrative entity of the Bureau of Indian Affairs serving one or more Indian tribes within

a defined geographic area.

(2) The term ‘‘youth’’ shall have the meaning given it in any particular Tribal Action

Plan adopted pursuant to section 2411 of this

title, except that, for purposes of statistical

reporting under this chapter, it shall mean a

person who is 19 years or younger or who is in

attendance at a secondary school.

(3) The term ‘‘Indian tribe’’ means any Indian tribe, band, nation, or other organized

group or community of Indians (including any

Alaska Native village or regional or village

corporation as defined in, or established pursuant to, the Alaska Native Claims Settle-