Page 603 TITLE 25—INDIANS § 2401

claims filed under this chapter have been resolved.

(b) Funds necessary to pay the expenses of administering this chapter shall be appropriated

and expended under the authority of the Act of

November 2, 1921 (42 Stat. 208; 25 U.S.C. 13), popularly known as the Snyder Act.

(Pub. L. 98–500, §7, Oct. 19, 1984, 98 Stat. 2318.)

REFERENCES IN TEXT

Act of November 2, 1921, referred to in subsec. (b), is

act Nov. 2, 1921, ch. 115, 42 Stat. 208, as amended, popularly known as the Snyder Act, which is classified to

section 13 of this title. For complete classification of

this Act to the Code, see Short Title note set out under

section 13 of this title and Tables.

§ 2307. Treatment of funds

Funds distributed under the provisions of this

chapter shall not be considered as income or resources nor otherwise utilized as the basis for

denying or reducing the financial assistance or

other benefits to which such household or member would otherwise be entitled under the Social

Security Act [42 U.S.C. 301 et seq.] or, except for

per capita shares in excess of $2,000, any Federal

or federally assisted program.

(Pub. L. 98–500, §8, Oct. 19, 1984, 98 Stat. 2319.)

REFERENCES IN TEXT

The Social Security Act, referred to in text, is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is

classified generally to chapter 7 (§301 et seq.) of Title

42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title

42 and Tables.

CHAPTER 26—INDIAN ALCOHOL AND SUBSTANCE ABUSE PREVENTION AND TREATMENT

SUBCHAPTER I—GENERAL PROVISIONS

Sec.

2401. Congressional findings.

2402. Purpose.

2403. Definitions.

SUBCHAPTER II—COORDINATION OF RESOURCES

AND PROGRAMS

2411. Inter-departmental Memorandum of Agreement.

(a) In general.

(b) Character of activities.

(c) Consultation.

(d) Publication.

2412. Tribal Action Plans.

(a) In general.

(b) Cooperation.

(c) Provisions.

(d) Grants.

(e) Federal action.

(f) Grants for training, education, and

prevention programs.

2413. Departmental responsibility.

(a) Implementation.

(b) Office of Alcohol and Substance

Abuse.

(c) Indian Youth Programs Officer.

2414. Congressional intent in construction of laws.

2414a. Review of programs.

(a) In general.

(b) Dissemination.

2415. Federal facilities, property, and equipment;

leasing of tribal property.

(a) Facility availability.

Sec.

(b) Costs.

(c) Leases.

2416. Newsletter.

(a) In general.

(b) Authorization of appropriations.

SUBCHAPTER III—INDIAN YOUTH PROGRAMS

2431. Review of programs.

(a) Review.

(b) Publication.

2432. Indian education programs.

(a) Pilot programs.

(b) Use of funds.

2433. Emergency shelters.

(a) In general.

(b) Referrals.

(c) Direction to States.

(d) Standards.

(e) Authorization.

2434. Social services reports.

(a) Data.

(b) Referral of data.

(c) Confidentiality.

SUBCHAPTER IV—LAW ENFORCEMENT AND

JUDICIAL SERVICES

2441. Review of programs.

(a) Law enforcement and judicial services.

(b) Dissemination of review.

2442. Illegal narcotics traffic on Tohono O’odham

and St. Regis Reservations; source eradication.

(a) Investigation and control.

(b) Marijuana eradication and interdiction.

SUBCHAPTER V—BUREAU OF INDIAN AFFAIRS

LAW ENFORCEMENT

2451. Bureau of Indian Affairs law enforcement and

judicial training.

(a) In general.

(b) Authorization.

2452. Medical assessment and treatment of juvenile

offenders.

(a) Development and implementation of

procedures.

(b) Treatment of certain committed

youth.

2453. Juvenile detention centers.

(a) Plan.

(b) Authorization.

2454. Model Indian Juvenile Code.

2455. Law enforcement and judicial report.

(a) Compilation of law enforcement data.

(b) Referral of data.

(c) Confidentiality.

SUBCHAPTER VI—INDIAN ALCOHOL AND SUBSTANCE ABUSE TREATMENT AND REHABILITATION

2471 to 2478. Transferred or Repealed.

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 1621h of this

title.

SUBCHAPTER I—GENERAL PROVISIONS

§ 2401. Congressional findings

The Congress finds and declares that—

(1) the Federal Government has a historical

relationship and unique legal and moral responsibility to Indian tribes and their members,

(2) included in this responsibility is the treaty, statutory, and historical obligation to as-
§ 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-