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25 U.S.C. § 2411 — Inter-departmental Memorandum of Agreement
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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Source file: Laws/federal/codes/united-states-code/title-25/section-2411-inter-departmental-memorandum-of-agreement--4d5fd9489b.md
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Source location: Title 25, Chapter 26, § 2411; chapter-026-indian-alcohol-and-substance-abuse-prevention-and-treatment.md
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**(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, area, agency, and service unit levels,
(6) direct Bureau of Indian Affairs agency and education superintendents, where appropriate, and the Indian Health Service service unit directors to cooperate fully with tribal requests made pursuant to [section 2412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2412&num=0&edition=prelim), and
(7) provide for an annual review of such agreements by the Secretary of the Interior, the Attorney General, and the Secretary of Health and Human Services.
**(b) Character of activities** To the extent that there are new activities undertaken pursuant to this chapter, those activities shall supplement, not supplant, activities, programs, and local actions that are ongoing on October 27, 1986. Such activities shall be undertaken in the manner least disruptive to tribal control, in accordance with the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 450](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450&num=0&edition=prelim) et seq.),11 See References in Text note below. and local control, in accordance with section 2010 1 of this title.
**(c) Consultation** The Secretary of the Interior, the Attorney General, and the Secretary of Health and Human Services shall, in developing the Memorandum of Agreement under subsection (a), consult with and solicit the comments of—
(1) interested Indian tribes,
(2) Indian individuals,
(3) Indian organizations, and
(4) professionals in the treatment of alcohol and substance abuse.
**(d) Publication** The Memorandum of Agreement under subsection (a) shall be submitted to Congress and published in the Federal Register not later than 130 days after July 29, 2010. 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) to each Indian tribe.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Facilitation of Indian control** It shall be the policy of the United States acting through the Secretary, in carrying out the functions of the Bureau, to facilitate Indian control of Indian affairs in all matters relating to education.
**(b) Consultation with tribes**
(1) **In general** — All actions under this Act shall be done with active consultation with tribes. The United States acting through the Secretary and tribes shall work in a government-to-government relationship to ensure quality education for all tribal members.
(2) **Requirements**
(A) *Definition of consultation* — In this subsection, the term “consultation” means a process involving the open discussion and joint deliberation of all options with respect to potential issues or changes between the Bureau and all interested parties.
(B) *Discussion and joint deliberation* — During discussions and joint deliberations, interested parties (including tribes and school officials) shall be given an opportunity—
(i) to present issues (including proposals regarding changes in current practices or programs) that will be considered for future action by the Secretary; and
(ii) to participate and discuss the options presented, or to present alternatives, with the views and concerns of the interested parties given effect unless the Secretary determines, from information available from or presented by the interested parties during one or more of the discussions and deliberations, that there is a substantial reason for another course of action.
(C) *Explanation by Secretary* — The Secretary shall submit to any Member of Congress, within 18 days of the receipt of a written request by such Member, a written explanation of any decision made by the Secretary which is not consistent with the views
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2011
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Mandatory application** All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter.
**(b) Discretionary application** At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5301
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2412
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of system and forward funding**
(1) **In general** — The Secretary shall establish, by regulation adopted in accordance with [section 2016 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2016&num=0&edition=prelim), a system for the direct funding and support of all Bureau-funded schools. Such system shall allot funds in accordance with [section 2007 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2007&num=0&edition=prelim). All amounts appropriated for distribution in accordance with this section shall be made available in accordance with paragraph (2).
(2) **Timing for use of funds**
(A) *Availability* — For the purposes of affording adequate notice of funding available pursuant to the allotments made under [section 2007 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2007&num=0&edition=prelim) and the allotments of funds for operation and maintenance of facilities, amounts appropriated in an appropriations Act for any fiscal year for such allotments—
(i) shall become available for obligation by the affected schools on July 1 of the fiscal year for which such allotments are appropriated without further action by the Secretary; and
(ii) shall remain available for obligation through the succeeding fiscal year.
(B) *Publications* — The Secretary shall, on the basis of the amounts appropriated as described in this paragraph—
(i) publish, not later than July 1 of the fiscal year for which the amounts are appropriated, information indicating the amount of the allotments to be made to each affected school under [section 2007 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2010
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 458aaa–18 was editorially reclassified as [section 5399 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5399&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 450
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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
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2411&num=0&edition=prelim), 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 Settlement Act ([43 U.S.C. 1601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim) et seq.)) which is recognized as eligible for special programs and services provided by the United States to Indians because of their status as Indians.
(4) The term “prevention and treatment” includes, as appropriate—
(A) efforts to identify, and the identification of, Indians who are at risk with respect to, or who are abusers of, alcohol or controlled substances,
(B) intervention into cases of on-going alcohol and substance abuse to halt a further progression of such abuse,
(C) prevention through education and the provision of alternative activities,
(D) treatment for alcohol and substance abusers to help abstain from, and alleviate the effects of, abuse,
(E) rehabilitation to provide on-going assistance, either on an inpatient or outpatient basis, to help Indians reform or a
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2403
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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) In general** 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 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) 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2414a
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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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