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42 U.S.C. § 290aa–5a — Behavioral health and substance use disorder resources for Native Americans

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 290aa–5a — Behavioral health and substance use disorder resources for Native Americans

**(a) Definitions** In this section: (1) The term “eligible entity” means any health program administered directly by the Indian Health Service, a Tribal health program, an Indian Tribe, a Tribal organization, an Urban Indian organization, and a Native Hawaiian health organization. (2) The terms “Indian Tribe”, “Tribal health program”, “Tribal organization”, and “Urban Indian organization” have the meanings given to the terms “Indian tribe”, “Tribal 11 So in original. Probably should be “tribal”. health program”, “tribal organization”, and “Urban Indian organization” in [section 1603 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1603&num=0&edition=prelim). (3) The term “health program administered directly by the Indian Health Service” means a “health program administered by the Service” 22 So in original. Probably should be “ ‘health program administered directly by the Service’ ”. as such term is used in [section 1603(12)(A) of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1603/12/A&num=0&edition=prelim). (4) The term “Native Hawaiian health organization” means “Papa Ola Lokahi” as defined in [section 11711 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11711&num=0&edition=prelim). **(b) Grant program** (1) **In general** — The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, and in consultation with the Director of the Indian Health Service, as appropriate, shall award funds to eligible entities, in amounts developed in accordance with paragraph (2), to be used by the eligible entity to provide services for the prevention of, treatment of, and recovery from mental health and substance use disorders

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 290aa–5a

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Source location: Title 42, Chapter 6A, § 290aa–5a; chapter-6a-public-health-service.md

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**(a) Definitions** In this section: (1) The term “eligible entity” means any health program administered directly by the Indian Health Service, a Tribal health program, an Indian Tribe, a Tribal organization, an Urban Indian organization, and a Native Hawaiian health organization. (2) The terms “Indian Tribe”, “Tribal health program”, “Tribal organization”, and “Urban Indian organization” have the meanings given to the terms “Indian tribe”, “Tribal 11 So in original. Probably should be “tribal”. health program”, “tribal organization”, and “Urban Indian organization” in [section 1603 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1603&num=0&edition=prelim). (3) The term “health program administered directly by the Indian Health Service” means a “health program administered by the Service” 22 So in original. Probably should be “ ‘health program administered directly by the Service’ ”. as such term is used in [section 1603(12)(A) of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1603/12/A&num=0&edition=prelim). (4) The term “Native Hawaiian health organization” means “Papa Ola Lokahi” as defined in [section 11711 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11711&num=0&edition=prelim). **(b) Grant program** (1) **In general** — The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, and in consultation with the Director of the Indian Health Service, as appropriate, shall award funds to eligible entities, in amounts developed in accordance with paragraph (2), to be used by the eligible entity to provide services for the prevention of, treatment of, and recovery from mental health and substance use disorders among American Indians, Alaska Natives, and Native Hawaiians. (2) **Formula** — The Secretary, in consultation with the Director of the Indian Health Service, using the process described in subsection (d), shall develop a formula to determine the amount of an award under paragraph (1). (3) **Delivery of funds** — On request from an Indian Tribe or Tribal organization, the Secretary, acting through the Assistant Secretary for Mental Health and Substance Use and in coordination with the Director of the Indian Health Service, may award funds under this section through a contract or compact under, as applicable, title I or V of the Indian Self-Determination and Education Assistance Act. **(c) Technical assistance and program evaluation** (1) **In general** — The Secretary shall— (A) provide technical assistance to applicants and awardees under this section; and (B) in consultation with Indian Tribes and Tribal organizations, conference with Urban Indian organizations, and engagement with a Native Hawaiian health organization, identify and establish appropriate mechanisms for Indian Tribes and Tribal organizations, Urban Indian organizations, and a Native Hawaiian health organization to demonstrate outcomes and report data as required for participation in the program under this section. (2) **Data submission and reporting** — As a condition of receipt of funds under this section, an applicant shall agree to submit program evaluation data and reports consistent with the data submission and reporting requirements developed under this subsection. **(d) Consultation** The Secretary shall, using an accountable process, consult with Indian Tribes and Tribal organizations, confer with Urban Indian organizations, and engage with a Native Hawaiian health organization regarding the development of funding allocations pursuant to subsection (b)(2) and program evaluation and reporting requirements pursuant to subsection (c). In establishing such requirements, the Secretary shall seek to minimize administrative burden for eligible entities, as practicable. **(e) Application** An entity desiring an award under subsection (b) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. **(f) Report** Not later than 3 years after December 29, 2022, the Secretary shall prepare and submit, to the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives, a report describing the services provided pursuant to this section. **(g) Authorization of appropriations** There are authorized to be appropriated to carry out this section, $80,000,000 for each of fiscal years 2023 through 2027.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5301 — Application of other sections of this chapter

**(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

42 U.S.C. § 11711 — Definitions

For purposes of this chapter: (1) **Disease prevention** — The term “disease prevention” includes— (A) immunizations, (B) control of high blood pressure, (C) control of sexually transmittable diseases, (D) prevention and control of diabetes, (E) control of toxic agents, (F) occupational safety and health, (G) accident prevention, (H) fluoridation of water, (I) control of infectious agents, and (J) provision of mental health care. (2) **Health promotion** — The term “health promotion” includes— (A) pregnancy and infant care, including prevention of fetal alcohol syndrome, (B) cessation of tobacco smoking, (C) reduction in the misuse of alcohol and drugs, (D) improvement of nutrition, (E) improvement in physical fitness, (F) family planning, (G) control of stress, and (H) educational programs with the mission of improving the health, capability, and well-being of Native Hawaiians. (3) **Native Hawaiian** — The term “Native Hawaiian” means any individual who is— (A) a citizen of the United States, and (B) a descendant of the aboriginal people, who prior to 1778, occupied and exercised sovereignty in the area that now constitutes the State of Hawaii, as evidenced by— (i) genealogical records, (ii) Kupuna (elders) or Kama’aina (long-term community residents) verification, or (iii) birth records of the State of Hawaii. (4) **Native Hawaiian health center** — The term “Native Hawaiian health center” means an entity— (A) which is organized under the laws of the State of Hawaii, (B) which provides or arranges for health care services through practitioners licensed by the State of Hawaii, where licensure requirements are applicable, (C) which is a public or nonprofit private entity, and (D)

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11711

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1603 — Service of traditional foods in public facilities

**(a) Purposes** The purposes of this section are— (1) to provide access to traditional foods in food service programs; (2) to encourage increased consumption of traditional foods to decrease health disparities among Indians, particularly Alaska Natives; and (3) to provide alternative food options for food service programs. **(b) Definitions** In this section: (1) **Alaska Native** — The term “Alaska Native” means a person who is a member of any Native village, Village Corporation, or Regional Corporation (as those terms are defined in [section 1602 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1602&num=0&edition=prelim)). (2) **Commissioner** — The term “Commissioner” means the Commissioner of Food and Drugs. (3) **Food service program** — The term “food service program” includes— (A) food service at residential child care facilities that have a license from an appropriate State agency; (B) any child nutrition program (as that term is defined in [section 1769f(b) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1769f/b&num=0&edition=prelim)); (C) food service at hospitals, clinics, and long-term care facilities; and (D) senior meal programs. (4) **Indian; Indian tribe** — The terms “Indian” and “Indian tribe” have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 450b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450b&num=0&edition=prelim)).11 See References in Text note below. (5) **Traditional food** (A) *In general* — The term “traditional food” means food that has traditionally been prepared and consumed by an Indian tribe. (B) *Inclusions* — The term “traditi

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1603

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