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(c)(1)(A)(iv), was repealed by Pub.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-
§ 2414 TITLE 25—INDIANS Page 608

dian tribes and Tribal Coordinating Committees, to the Director of the Office of Alcohol

and Substance Abuse as they relate to Indian

youth.

(Pub. L. 99–570, title IV, §4207, Oct. 27, 1986, 100

Stat. 3207–141; Pub. L. 100–690, title II, §2216,

Nov. 18, 1988, 102 Stat. 4221; Pub. L. 102–573, title

VII, §703(2), Oct. 29, 1992, 106 Stat. 4583.)

REFERENCES IN TEXT

The General Schedule, referred to in subsecs. (b)(1)

and (c)(2), is set out under section 5332 of Title 5, Government Organization and Employees.

AMENDMENTS

1992—Subsec. (b)(3). Pub. L. 102–573 amended par. (3)

generally. Prior to amendment, par. (3) read as follows:

‘‘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

services and equipment, as may be necessary to enable

the Office of Alcohol and Substance Abuse to carry out

its responsibilities.’’

1988—Subsec. (b)(1). Pub. L. 100–690, §2216(1), (2), substituted ‘‘Assistant Secretary of the Interior for’’ for

‘‘Assistant Secretary of’’ and ‘‘Assistant Secretary of

the Interior for Indian Affairs on’’ for ‘‘Assistant Secretary on’’.

Subsec. (b)(3). Pub. L. 100–690, §2216(3), added par. (3).

Subsec. (c)(1). Pub. L. 100–690, §2216(4), inserted at end

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

§ 2414. Congressional intent in construction of

laws

It is the intent of Congress that—

(1) specific Federal laws, and administrative

regulations promulgated thereunder, establishing programs of the Bureau of Indian Affairs, the Indian Health Service, and other

Federal agencies, and

(2) general Federal laws, including laws limiting augmentation of Federal appropriations

or encouraging joint or cooperative funding,

shall be liberally construed and administered to

achieve the purposes of this chapter.

(Pub. L. 99–570, title IV, §4208, Oct. 27, 1986, 100

Stat. 3207–142.)

§ 2414a. Review of programs

(a) In general

In the development of the Memorandum of

Agreement required by section 2411 of this title,

the Secretary of the Interior and the Secretary

of Health and Human Services shall review and

consider—

(1) the various programs established by Federal law providing health services and benefits

to Indian tribes, including those relating to

mental health and alcohol and substance

abuse prevention and treatment,

(2) tribal, State and local, and private health

resources and programs,

(3) where facilities to provide such treatment are or should be located, and

(4) the effectiveness of public and private alcohol and substance abuse treatment programs in operation on October 27, 1986,

to determine their applicability and relevance

in carrying out the purposes of this chapter.

(b) Dissemination

The results of the review conducted under subsection (a) of this section shall be provided to

every Indian tribe as soon as possible for their

consideration and use in the development or

modification of a Tribal Action Plan.

(Pub. L. 99–570, title IV, §4208A, formerly §4224,

Oct. 27, 1986, 100 Stat. 3207–148; renumbered

§4208A, Pub. L. 102–573, title VII, §702(b)(1), Oct.

29, 1992, 106 Stat. 4582.)

CODIFICATION

Section was formerly classified to section 2471 of this

title prior to renumbering by Pub. L. 102–573.

§ 2415. Federal facilities, property, and equipment; leasing of tribal property

(a) Facility availability

In the furtherance of the purposes and goals of

this chapter, the Secretary of the Interior and

the Secretary of Health and Human Services

shall make available for community use, to the

extent permitted by law and as may be provided

in a Tribal Action Plan, local Federal facilities,

property, and equipment, including school facilities. Such facility availability shall include

school facilities under the Secretary of the Interior’s jurisdiction: Provided, That the use of any

school facilities shall be conditioned upon approval of the local school board with jurisdiction over such school.

(b) Costs

Any additional cost associated with the use of

Federal facilities, property, or equipment under

subsection (a) of this section may be borne by

the Secretary of the Interior and the Secretary

of Health and Human Services out of available

Federal, tribal, State, local, or private funds, if

not otherwise prohibited by law. This subsection

does not require the Secretary of the Interior

nor the Secretary of Health and Human Services

to expend additional funds to meet the additional costs which may be associated with the

provision of such facilities, property, or equipment for community use. Where the use of Federal facilities, property, or equipment under

subsection (a) of this section furthers the purposes and goals of this chapter, the use of funds

other than those funds appropriated to the Department of the Interior or the Department of

Health and Human Services to meet the additional costs associated with such use shall not

constitute an augmentation of Federal appropriations.

(c) Leases

(1) The Secretary of the Interior and the Secretary of Health and Human Services are authorized to enter into long-term leases of tribally owned or leased facilities to house programs

established by this chapter where they determine that there is no Federal facility reasonably available for such purpose and the cost of

constructing a new Federal facility would exceed the cost of such Federal lease unless they

determine that mitigating factors favor such a

lease.

(2) A tribally owned or leased facility may be

leased pursuant to this authority to house a re-