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25 U.S.C. § 2401 — Congressional findings

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

25 U.S.C. § 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 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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Stable record: federal_law:legal_authorities:record_usc_d2c5ae32ea1507296193cd15
Source file: Laws/federal/codes/united-states-code/title-25/section-2401-congressional-findings--f044d649a9.md
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Source location: Title 25, Chapter 26, § 2401; chapter-026-indian-alcohol-and-substance-abuse-prevention-and-treatment.md

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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, 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.

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

25 U.S.C. § 1302 — Constitutional rights

**(a) In general** No Indian tribe in exercising powers of self-government shall— (1) make or enforce any law prohibiting the free exercise of religion, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition for a redress of grievances; (2) violate the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures, nor issue warrants, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or thing to be seized; (3) subject any person for the same offense to be twice put in jeopardy; (4) compel any person in any criminal case to be a witness against himself; (5) take any private property for a public use without just compensation; (6) deny to any person in a criminal proceeding the right to a speedy and public trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and at his own expense to have the assistance of counsel for his defense (except as provided in subsection (b)); (7) (A) require excessive bail, impose excessive fines, or inflict cruel and unusual punishments; (B) except as provided in subparagraph (C), impose for conviction of any 1 offense any penalty or punishment greater than imprisonment for a term of 1 year or a fine of $5,000, or both; (C) subject to subsection (b), impose for conviction of any 1 offense any penalty or punishment greater than imprisonment for a term of 3 years or a fine of $15,000, or both; or (D) impose on a person in a criminal proceeding a total penalty or punishment greater than imprisonment for a term o

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

25 U.S.C. § 1621k — Mental health prevention and treatment services

**(a) National plan for Indian Mental Health Services** (1) Not later than 120 days after November 28, 1990, the Secretary, acting through the Service, shall develop and publish in the Federal Register a final national plan for Indian Mental Health Services. The plan shall include— (A) an assessment of the scope of the problem of mental illness and dysfunctional and self-destructive behavior, including child abuse and family violence, among Indians, including— (i) the number of Indians served by the Service who are directly or indirectly affected by such illness or behavior, and (ii) an estimate of the financial and human cost attributable to such illness or behavior; (B) an assessment of the existing and additional resources necessary for the prevention and treatment of such illness and behavior; and (C) an estimate of the additional funding needed by the Service to meet its responsibilities under the plan. (2) The Secretary shall submit a copy of the national plan to the Congress. **(b) Memorandum of agreement** Not later than 180 days after November 28, 1990, the Secretary and the Secretary of the Interior shall develop and enter into a memorandum of agreement under which the Secretaries shall, among other things— (1) determine and define the scope and nature of mental illness and dysfunctional and self-destructive behavior, including child abuse and family violence, among Indians; (2) make an assessment of the existing Federal, tribal, State, local, and private services, resources, and programs available to provide mental health services for Indians; (3) make an initial determination of the unmet need for additional services, resources, and programs necessary to meet the needs identified pursuant to paragraph (1); (4) (A) ensure that Ind

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1621k

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

25 U.S.C. § 1665e — Memoranda of agreement with the Department of the Interior

**(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

25 U.S.C. § 5395 — Funding agreements

**(a) Funding agreement required** The Secretary shall negotiate and enter into a written funding agreement with each Indian tribe participating in self-governance in a manner consistent with the Federal Government’s trust responsibility, treaty obligations, and the government-to-government relationship between Indian tribes and the United States. **(b) Contents** (1) **In general** — Each funding agreement required under subsection (a) of this section shall, as determined by the Indian tribe, authorize the Indian tribe to plan, conduct, consolidate, administer, and receive full tribal share funding, including tribal shares of discretionary Indian Health Service competitive grants (excluding congressionally earmarked competitive grants), for all programs, services, functions, and activities (or portions thereof), that are carried out for the benefit of Indians because of their status as Indians without regard to the agency or office of the Indian Health Service within which the program, service, function, or activity (or portion thereof) is performed. (2) **Inclusion of certain programs, services, functions, and activities** — Such programs, services, functions, or activities (or portions thereof) include all programs, services, functions, activities (or portions thereof), including grants (which may be added to a funding agreement after an award of such grants), with respect to which Indian tribes or Indians are primary or significant beneficiaries, administered by the Department of Health and Human Services through the Indian Health Service and all local, field, service unit, area, regional, and central headquarters or national office functions so administered under the authority of— (A) [section 13 of this title](https://uscode.house.gov/view.xhtml?req=granulei

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

25 U.S.C. § 2401 — Congressional findings

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

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