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25 U.S.C. § 2412 — Tribal Action Plans
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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Source file: Laws/federal/codes/united-states-code/title-25/section-2412-tribal-action-plans--318a8fd887.md
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Source location: Title 25, Chapter 26, § 2412; chapter-026-indian-alcohol-and-substance-abuse-prevention-and-treatment.md
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**(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 and 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, 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 22 See References in Text note below. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2411/a/3&num=0&edition=prelim), 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) 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 the period of fiscal years 2011 through 2015.
**(e) Federal action** If any Indian tribe does not adopt a resolution as provided in subsection (a) within 90 days after the publication of the Memorandum of Agreement in the Federal Register as provided in [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2411&num=0&edition=prelim), the Secretary of the Interior, the Attorney General, 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).
**(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) 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 years 2011 through 2015.
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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,
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2411
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1665e
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Implementation** The Secretary of the Interior, acting through the Bureau of Indian Affairs, the Attorney General, 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) **Establishment**
(A) *In general* — To improve coordination among the Federal agencies and departments carrying out this chapter, there is established within the Substance Abuse and Mental Health Services Administration an office, to be known as the “Office of Indian Alcohol and Substance Abuse” (referred to in this section as the “Office”).
(B) *Director* — The director of the Office shall be appointed by the Administrator of the Substance Abuse and Mental Health Services Administration—
(i) on a permanent basis; and
(ii) at a grade of not less than GS–15 of the General Schedule.
(2) **Responsibilities of Office** — In addition to other responsibilities which may be assigned to such Office, it shall be responsible for—
(A) coordinating with other agencies to monitor the performance and compliance of the relevant Federal programs in achieving the goals and purposes of this chapter and the Memorandum of Agreement entered into under [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2411&num=0&edition=prelim);
(B) serving as a point of contact 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2412&num=0&ed
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2413
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Review** In the development of the Memorandum of Agreement required by [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2411&num=0&edition=prelim), the Secretary of the Interior, the Attorney General, and the Secretary of Health and Human Services, in cooperation with the Secretary of Education shall review and consider—
(1) Federal programs providing education services or benefits to Indian children,
(2) tribal, State, local, and private educational resources and programs,
(3) Federal programs providing family and social services and benefits for Indian families and children,
(4) Federal programs relating to youth employment, recreation, cultural, and community activities, and
(5) tribal, State, local, and private resources for programs similar to those cited in paragraphs (3) and (4),
to determine their applicability and relevance in carrying out the purposes of this chapter.
**(b) Publication** The results of the review conducted under subsection (a) shall be provided to each Indian tribe as soon as possible for their consideration and use in the development or modification of a Tribal Action Plan under [section 2412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2412&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2431
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** A Tribal Action Plan adopted pursuant to [section 2412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2412&num=0&edition=prelim) may make such provisions as may be necessary and practical for the establishment, funding, licensing, and operation of emergency shelters or half-way houses for Indian youth who are alcohol or substance abusers, including youth who have been arrested for offenses directly or indirectly related to alcohol or substance abuse. Half-way houses may be used as either intake facilities or aftercare facilities for youth admitted, or to be admitted, for long-term treatment of substance abuse. The Indian Health Service, the Bureau of Indian Affairs, and the tribes are authorized to use their respective resources to adequately staff and operate any such facility.
**(b) Referrals**
(1) In any case where an Indian youth is arrested or detained by the Bureau of Indian Affairs or tribal law enforcement personnel for an offense relating to alcohol or substance abuse, other than for a status offense as defined by the Juvenile Justice and Delinquency Prevention Act of 1974 [[34 U.S.C. 11101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section11101&num=0&edition=prelim) et seq.], under circumstances where such youth may not be immediately restored to the custody of his parents or guardians and where there is space available in an appropriately licensed and supervised emergency shelter or half-way house, such youth shall be referred to such facility in lieu of incarceration in a secured facility unless such youth is deemed a danger to himself or to other persons.
(2) In any case where there is a space available in an appropriately licensed and supervised emergency shelter o
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2433
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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
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.