§ 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
Page 607 TITLE 25—INDIANS § 2413

1So in original. Probably should be capitalized.

2So in original. Probably should not be capitalized.

within 90 days after the publication of the

Memorandum of Agreement in the Federal Register as provided in section 2411 of this title, the

Secretary of the Interior and the Secretary of

Health and Human Services shall require the

Bureau of Indian Affairs agency and education

superintendents, where appropriate, and the Indian Health Service service unit director serving

such tribe to enter into an agreement to identify and coordinate available programs and resources to carry out the purposes of this chapter

for such tribe. After such an agreement has been

entered into for a tribe such tribe may adopt a

resolution under subsection (a) of this section.

(f) Grants for training, education, and prevention programs

(1) The Secretary of the Interior may make

grants to Indian tribes adopting a resolution

pursuant to subsection (a) of this section to implement and develop community and in-school

training, education, and prevention programs on

alcohol and substance abuse, fetal alcohol syndrome and fetal alcohol effect.

(2) Funds provided under this section may be

used for, but are not limited to, the development

and implementation of tribal programs for—

(A) youth employment;

(B) youth recreation;

(C) youth cultural activities;

(D) community awareness programs; and

(E) community training and education programs.

(3) There are authorized to be appropriated to

carry out the provisions of this subsection

$5,000,000 for fiscal year 1993 and such sums as

are necessary for each of the fiscal years 1994,

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

(Pub. L. 99–570, title IV, §4206, Oct. 27, 1986, 100

Stat. 3207–140; Pub. L. 100–690, title II, §§2203,

2204, Nov. 18, 1988, 102 Stat. 4217; Pub. L. 102–573,

title VII, §703(1), Oct. 29, 1992, 106 Stat. 4582.)

REFERENCES IN TEXT

Section 2475 of this title, referred to in subsec.

(c)(1)(A)(iv), was repealed by Pub. L. 102–573, title VII,

§702(b)(2), Oct. 29, 1992, 106 Stat. 4582. See section 1665d

of this title.

AMENDMENTS

1992—Subsec. (c). Pub. L. 102–573, §703(1)(A), in par.

(2), redesignated subpars. (2) to (4) as subpars. (B) to

(D), respectively, and added subpar. (F), and added par.

(3).

Subsec. (d)(2). Pub. L. 102–573, §703(1)(B), amended

par. (2) generally. Prior to amendment, par. (2) read as

follows: ‘‘There is authorized to be appropriated not to

exceed $1,000,000 for each of the fiscal years 1989, 1990,

1991, and 1992 for grants under this subsection.’’

Subsec. (f). Pub. L. 102–573, §703(1)(C), added subsec.

(f).

1988—Subsec. (c)(2)(E). Pub. L. 100–690, §2203, added

subpar. (E).

Subsec. (d)(2). Pub. L. 100–690, §2204, amended par. (2)

generally. Prior to amendment, par. (2) read as follows:

‘‘There is authorized to be appropriated not to exceed

$1,000,000 for each of the fiscal year 1987, 1988, and 1989

for grants under this subsection.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1665f, 2411, 2413,

2431, 2433 of this title.

§ 2413. Departmental responsibility

(a) Implementation

The Secretary of the Interior, acting through

the Bureau of Indian Affairs, and the Secretary

of Health and Human Services, acting through

the Indian Health Service, shall bear equal responsibility for the implementation of this

chapter in cooperation with Indian tribes.

(b) Office of Alcohol and Substance Abuse

(1) In order to better coordinate the various

programs of the Bureau of Indian Affairs in carrying out this chapter, there is established within the Office of the Assistant Secretary of the

Interior for Indian Affairs an Office of Alcohol

and Substance Abuse. The director of such office 1 shall be appointed by the Assistant Secretary of the Interior for Indian Affairs on a permanent basis at no less than a grade GS–15 of

the General Schedule.

(2) In addition to other responsibilities which

may be assigned to such Office, it shall be responsible for—

(A) monitoring the performance and compliance of programs of the Bureau of Indian Affairs in meeting the goals and purposes of this

chapter and the Memorandum of Agreement

entered into under section 2411 of this title,

and

(B) serving as a point of contact within the

Bureau of Indian Affairs for Indian tribes and

the Tribal Coordinating Committees regarding

the implementation of this chapter, the

Memorandum of Agreement, and any Tribal

Action Plan established under section 2412 of

this title.

(3) The Assistant Secretary of the Interior for

Indian Affairs shall appoint such employees to

work in the Office of Alcohol and Substance

Abuse, and shall provide such funding, services,

and equipment as may be necessary to enable

the Office of Alcohol and Substance Abuse to

carry out its responsibilities.

(c) Indian Youth Programs Officer

(1) There is established in the Office of Alcohol

and Substance Abuse the position to be known

as the Indian Youth Programs Officer. The Assistant Secretary of the Interior for Indian Affairs shall appoint the Indian Youth Programs

Officer.

(2) The position of Indian Youth Programs Officer shall be established on a permanent basis

at no less than the grade of GS–14 of the General

Schedule.

(3) In addition to other responsibilities which

may be assigned to the Indian Youth Programs

Officer relating to Indian Youth,2 such Officer

shall be responsible for—

(A) monitoring the performance and compliance of programs of the Bureau of Indian Affairs in meeting the goals and purposes of this

chapter and the Memorandum of Agreement

entered into under section 2411 of this title as

they relate to Indian youth efforts, and

(B) providing advice and recommendations,

including recommendations submitted by In-