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25 U.S.C. § 1665e — Memoranda of agreement with the Department of the Interior
Federal law — U.S. Code and appendices · legal_authorities
**(a) Contents** Not later than 1 year after March 23, 2010, the Secretary, acting through the Service, and the Secretary of the Interior shall develop and enter into a memoranda 11 So in original. Probably should be “memorandum”. of agreement, or review and update any existing memoranda of agreement, as required by section 4205 of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 ([25 U.S.C. 2411](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2411&num=0&edition=prelim)) under which the Secretaries address the following:
(1) The scope and nature of mental illness and dysfunctional and self-destructive behavior, including child abuse and family violence, among Indians.
(2) The existing Federal, tribal, State, local, and private services, resources, and programs available to provide behavioral health services for Indians.
(3) The unmet need for additional services, resources, and programs necessary to meet the needs identified pursuant to paragraph (1).
(4)
(A) The right of Indians, as citizens of the United States and of the States in which they reside, to have access to behavioral health services to which all citizens have access.
(B) The right of Indians to participate in, and receive the benefit of, such services.
(C) The actions necessary to protect the exercise of such right.
(5) The responsibilities of the Bureau of Indian Affairs and the Service, including mental illness identification, prevention, education, referral, and treatment services (including services through multidisciplinary resource teams), at the central, area, and agency and Service unit, Service area, and headquarters levels to address the problems identified in paragraph (1).
(6) A strategy for the comprehensive coordination of
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**(a) Contents** Not later than 1 year after March 23, 2010, the Secretary, acting through the Service, and the Secretary of the Interior shall develop and enter into a memoranda 11 So in original. Probably should be “memorandum”. of agreement, or review and update any existing memoranda of agreement, as required by section 4205 of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 ([25 U.S.C. 2411](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2411&num=0&edition=prelim)) under which the Secretaries address the following:
(1) The scope and nature of mental illness and dysfunctional and self-destructive behavior, including child abuse and family violence, among Indians.
(2) The existing Federal, tribal, State, local, and private services, resources, and programs available to provide behavioral health services for Indians.
(3) The unmet need for additional services, resources, and programs necessary to meet the needs identified pursuant to paragraph (1).
(4)
(A) The right of Indians, as citizens of the United States and of the States in which they reside, to have access to behavioral health services to which all citizens have access.
(B) The right of Indians to participate in, and receive the benefit of, such services.
(C) The actions necessary to protect the exercise of such right.
(5) The responsibilities of the Bureau of Indian Affairs and the Service, including mental illness identification, prevention, education, referral, and treatment services (including services through multidisciplinary resource teams), at the central, area, and agency and Service unit, Service area, and headquarters levels to address the problems identified in paragraph (1).
(6) A strategy for the comprehensive coordination of the behavioral health services provided by the Bureau of Indian Affairs and the Service to meet the problems identified pursuant to paragraph (1), including—
(A) the coordination of alcohol and substance abuse programs of the Service, the Bureau of Indian Affairs, and Indian tribes and tribal organizations (developed under the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 ([25 U.S.C. 2401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2401&num=0&edition=prelim) et seq.)) with behavioral health initiatives pursuant to this chapter, particularly with respect to the referral and treatment of dually diagnosed individuals requiring behavioral health and substance abuse treatment; and
(B) ensuring that the Bureau of Indian Affairs and Service programs and services (including multidisciplinary resource teams) addressing child abuse and family violence are coordinated with such non-Federal programs and services.
(7) Directing appropriate officials of the Bureau of Indian Affairs and the Service, particularly at the agency and Service unit levels, to cooperate fully with tribal requests made pursuant to community behavioral health plans adopted under [section 1665a(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1665a/c&num=0&edition=prelim) and section 4206 of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 ([25 U.S.C. 2412](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2412&num=0&edition=prelim)).
(8) Providing for an annual review of such agreement by the Secretaries which shall be provided to Congress and Indian tribes and tribal organizations.
**(b) Specific provisions required** The memoranda of agreement updated or entered into pursuant to subsection (a) shall include specific provisions pursuant to which the Service shall assume responsibility for—
(1) the determination of the scope of the problem of alcohol and substance abuse among Indians, including the number of Indians within the jurisdiction of the Service who are directly or indirectly affected by alcohol and substance abuse and the financial and human cost;
(2) an assessment of the existing and needed resources necessary for the prevention of alcohol and substance abuse and the treatment of Indians affected by alcohol and substance abuse; and
(3) an estimate of the funding necessary to adequately support a program of prevention of alcohol and substance abuse and treatment of Indians affected by alcohol and substance abuse.
**(c) Publication** Each memorandum of agreement entered into or renewed (and amendments or modifications thereto) under subsection (a) shall be published in the Federal Register. At the same time as publication in the Federal Register, the Secretary shall provide a copy of such memoranda, amendment, or modification to each Indian tribe, tribal organization, and urban Indian organization.
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2411&num=0&edition=prelim).
**(b) Cooperation** At the request of any Indian tribe pursuant to a resolution adopted under subsection (a), the Bureau of Indian Affairs agency and education superintendents, where appropriate,,11 So in original. the Office of Justice Programs, the Substance Abuse and Mental Health Services Administration, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2411&num=0&edition=prelim), shall enter into an agreement with the tribe for the implementation of the Tribal Action Plan under subsection (a).
**(c) Provisions**
(1) Any Tribal Action Plan entered into under subsection (b) 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 an
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment**
(1) **In general** — The Secretary, acting through the Service, shall provide a program of comprehensive behavioral health, prevention, treatment, and aftercare, which may include, if feasible and appropriate, systems of care, and shall include—
(A) prevention, through educational intervention, in Indian communities;
(B) acute detoxification, psychiatric hospitalization, residential, and intensive outpatient treatment;
(C) community-based rehabilitation and aftercare;
(D) community education and involvement, including extensive training of health care, educational, and community-based personnel;
(E) specialized residential treatment programs for high-risk populations, including pregnant and postpartum women and their children; and
(F) diagnostic services.
(2) **Target populations** — The target population of such programs shall be members of Indian tribes. Efforts to train and educate key members of the Indian community shall also target employees of health, education, judicial, law enforcement, legal, and social service programs.
**(b) Contract health services**
(1) **In general** — The Secretary, acting through the Service, may enter into contracts with public or private providers of behavioral health treatment services for the purpose of carrying out the program required under subsection (a).
(2) **Provision of assistance** — In carrying out this subsection, the Secretary shall provide assistance to Indian tribes and tribal organizations to develop criteria for the certification of behavioral health service providers and accreditation of service facilities which meet minimum standards for such services and facilities.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Not later than 1 year after July 29, 2010, the Secretary of the Interior, the Attorney General, 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, Office of Justice Programs, Substance Abuse and Mental Health Services Administration, 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, Department of Justice, Substance Abuse and Mental Health Services Administration, 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, Department of Justice, Substance Abuse and Mental Health Services Administration, and the Indian Health Service to coordinate alcohol and substance abuse-related services at the central,
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Federal law — U.S. Code and appendices · legal_authorities
$10,000,000 shall remain available until expended, for the establishment of an Indian Catastrophic Health Emergency Fund (hereinafter referred to as the “Fund”). On and after October 18, 1986, the Fund is to cover the Indian Health Service portion of the medical expenses of catastrophic illness falling within the responsibility of the Service and shall be administered by the Secretary of Health and Human Services, acting through the central office of the Indian Health Service. No part of the Fund or its administration shall be subject to contract or grant under the Indian Self-Determination and Education Assistance Act (Public Law 93–638) [[25 U.S.C. 5301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim) et seq.]. There shall be deposited into the Fund all amounts recovered under the authority of the Federal Medical Care Recovery Act ([42 U.S.C. 2651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2651&num=0&edition=prelim) et seq.), which shall become available for obligation upon receipt and which shall remain available for obligation until expended. The Fund shall not be used to pay for health services provided to eligible Indians to the extent that alternate Federal, State, local, or private insurance resources for payment: (1) are available and accessible to the beneficiary; or (2) would be available and accessible if the beneficiary were to apply for them; or (3) would be available and accessible to other citizens similarly situated under Federal, State, or local law or regulation or private insurance program notwithstanding Indian Health Service eligibility or residency on or off a Federal Indian reservation.
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Federal law — U.S. Code and appendices · legal_authorities
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 assist 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, whi
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Federal law — U.S. Code and appendices · legal_authorities
Page 326
TITLE 25—INDIANS
§ 1665e
(1) provides for the training of Indians as
mental health technicians; and
(2) employs such technicians in the provision
of community-based mental health care that
includes identification, prevention, education,
referral, and treatment services.
(b) Paraprofessional training
In carrying out subsection (a), the Secretary,
acting through the Service, shall provide high-
standard paraprofessional training in mental
health care necessary to provide quality care to
the Indian communities to be served. Such
training shall be based upon a curriculum devel-
oped or approved by the Secretary which com-
bines education in the theory of mental health
care with supervised practical experience in the
provision of such care.
(c) Supervision and evaluation of technicians
The Secretary, acting through the Service,
shall supervise and evaluate the mental health
technicians in the training program.
(d) Traditional health care practices
The Secretary, acting through the Service,
shall ensure that the program established pursu-
ant to this section involves the use and pro-
motion of the traditional health care practices
of the Indian tribes to be served.
(Pub. L. 94–437, title VII, § 705, as added Pub. L.
111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat.
935.)
Editorial Notes
CODIFICATION
Section 705 of Pub. L. 94–437 is based on section 181 of
title I of S. 1790, One Hundred Eleventh Congress, as re-
ported by the Committee on Indian Affairs of the Sen-
ate in Dec. 2009, which was enacted into law by section
10221(a) of Pub. L. 111–148.
PRIOR PROVISIONS
A prior section 1665d, Pub. L. 94–437, title VII, § 705, as
added Pub. L. 102–573, title VII, § 702(a), Oct. 29, 1992, 106
Stat. 4576, provided for program of training
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 1665e
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 470
TITLE 25—INDIANS
§ 2401
sources nor otherwise utilized as the basis for
denying or reducing the financial assistance or
other benefits to which such household or mem-
ber 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.)
Editorial Notes
REFERENCES IN TEXT
The Social Security Act, referred to in text, is act
Aug. 14, 1935, ch. 531, 49 Stat. 620, 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 SUB-
STANCE ABUSE PREVENTION AND TREAT-
MENT
SUBCHAPTER I—GENERAL PROVISIONS
Sec.
2401.
Congressional findings.
2402.
Purpose.
2403.
Definitions.
SUBCHAPTER II—COORDINATION OF RESOURCES
AND PROGRAMS
2411.
Inter-departmental Memorandum of Agree-
ment.
2412.
Tribal Action Plans.
2413.
Departmental responsibility.
2414.
Congressional intent in construction of laws.
2414a.
Review of programs.
2415.
Federal facilities, property, and equipment;
leasing of tribal property.
2416.
Newsletter.
SUBCHAPTER III—INDIAN YOUTH PROGRAMS
2431.
Review of programs.
2432.
Indian education programs.
2433.
Emergency shelters.
2434.
Social services reports.
SUBCHAPTER IV—LAW ENFORCEMENT AND
JUDICIAL SERVICES
2441.
Review of programs.
2442.
Illegal narcotics traffic on Tohono O’odham
and St. Regis Reservations; source eradi-
cation.
SUBCHAPTER V—BUREAU OF INDIAN AFFAIRS
LAW ENFORCEMENT
2451.
Bureau of Indian Affairs law enforcement and
judicial training.
2452.
Medical assessment and t
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 2401
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Federal law — U.S. Code and appendices · legal_authorities
Page 472
TITLE 25—INDIANS
§ 2411
1 See References in Text note below.
SUBCHAPTER II—COORDINATION OF
RESOURCES AND PROGRAMS
§ 2411.
Inter-departmental
Memorandum
of
Agreement
(a) In general
Not later than 1 year after July 29, 2010, the
Secretary of the Interior, the Attorney General,
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 In-
dian tribes and their members and its finan-
cial and human costs, and specifically identify
such problems affecting Indian youth,
(2) identify—
(A) the resources and programs of the Bu-
reau of Indian Affairs, Office of Justice Pro-
grams, Substance Abuse and Mental Health
Services Administration, and Indian Health
Service, and
(B) other Federal, tribal, State and local,
and private resources and programs,
which would be relevant to a coordinated ef-
fort to combat alcohol and substance abuse
among Indian people, including those pro-
grams and resources made available by this
chapter,
(3) develop and establish appropriate min-
imum standards for each agency’s program re-
sponsibilities
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 estab-
lished in consultation with Indian tribes,
(4) coordinate the Bureau of Indian Affairs,
Department of Justice, Substance Abuse and
Mental Health Services Administration, 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 Bu-
r
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 2411
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Federal law — U.S. Code and appendices · legal_authorities
Page 473
TITLE 25—INDIANS
§ 2412
1 So in original.
2 See References in Text note below.
Subsec. (c). Pub. L. 111–211, § 241(a)(1)(B), inserted
‘‘, the Attorney General,’’ after ‘‘Secretary of the Inte-
rior’’ in introductory provisions.
Subsec. (d). Pub. L. 111–211, § 241(a)(1)(C), substituted
‘‘July 29, 2010’’ for ‘‘October 27, 1986’’.
§ 2412. Tribal Action Plans
(a) In general
The governing body of any Indian tribe may,
at its discretion, adopt a resolution for the es-
tablishment of a Tribal Action Plan to coordi-
nate available resources and programs, includ-
ing programs and resources made available by
this chapter, in an effort to combat alcohol and
substance abuse among its members. Such reso-
lution 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), the
Bureau of Indian Affairs agency and education
superintendents, where appropriate,,1 the Office
of Justice Programs, the Substance Abuse and
Mental Health Services Administration, and the
Indian Health Service service unit director pro-
viding services to such tribe shall cooperate
with the tribe in the development of a Tribal
Action Plan to coordinate resources and pro-
grams relevant to alcohol and substance abuse
prevention and treatment. Upon the develop-
ment 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 Ac-
tion Plan under subsection (a).
(c) Provisions
(1) Any Tribal Action Plan entered into under
subsection (b) shall provide
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 2412
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