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 treatment of juvenile offenders. 2453. Juvenile detention centers. 2454. Model Indian Juvenile Code. 2455. Law enforcement and judicial report. SUBCHAPTER VI—INDIAN ALCOHOL AND SUB- STANCE ABUSE TREATMENT AND REHABILITA- TION 2471 to 2478. Transferred or Repealed. SUBCHAPTER I—GENERAL PROVISIONS § 2401. Congressional findings The Congress finds and declares that— (1) the Federal Government has a historical relationship and unique legal and moral re- sponsibility to Indian tribes and their mem- bers, (2) included in this responsibility is the trea- ty, statutory, and historical obligation to as- sist 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 sub- stance abuse measured in physical, mental, so- cial, and economic terms, (4) alcohol and substance abuse is the lead- ing generic risk factor among Indians, and In- dians die from alcoholism at over 4 times the age-adjusted rates for the United States popu- lation and alcohol and substance misuse re- sults 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 In- dians 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 uninten- tional injuries and violence occur dispropor- tionately among young people, the age-spe- cific 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 ef- forts, 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, so- cial services, law enforcement, and other areas, has assumed little responsibility for co- ordinating its various efforts to focus on the epidemic of alcohol and substance abuse among Indian people, (11) this lack of emphasis and priority con- tinues despite the fact that Bureau of Indian Affairs and Indian Health Service officials publicly acknowledge that alcohol and sub- stance abuse among Indians is the most seri- ous health and social problem facing the In- dian people, and (12) the Indian tribes have the primary re- sponsibility 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. (Pub. L. 99–570, title IV, § 4202, Oct. 27, 1986, 100 Stat. 3207–137.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in par. (12), was in the origi- nal ‘‘this subtitle’’, meaning subtitle C of title IV of Pub. L. 99–570, Oct. 27, 1986, 100 Stat. 3207–137, known as the Indian Alcohol and Substance Abuse Prevention Page 471 TITLE 25—INDIANS § 2403 1 So in original. and Treatment Act of 1986, which is classified generally to this chapter. For complete classification of subtitle C to the Code, see Short Title note below and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 99–570, title IV, § 4201, Oct. 27, 1986, 100 Stat. 3207–137, provided that: ‘‘This subtitle [subtitle C (§§ 4201–4230) of title IV of Pub. L. 99–570, enacting this chapter, amending section 1302 of this title, and enact- ing provisions set out as a note under section 1302 of this title] may be cited as the ‘Indian Alcohol and Sub- stance Abuse Prevention and Treatment Act of 1986’.’’ RULE OF CONSTRUCTION FOR PUB. L. 100–690 Pub. L. 100–690, title II, § 2219, Nov. 18, 1988, 102 Stat. 4222, provided that: ‘‘Except as otherwise provided in this Act or the amendments made by this Act [see Ta- bles for classification], nothing in this Act or the amendments made by this Act shall be construed to af- fect the obligation of the United States to any Indian or Indian tribe arising out of any treaty, statute, Exec- utive order, or the trust responsibility of the United States owing to such Indian or Indian tribe. Nothing in this section shall exempt any individual Indian from the sanctions of ‘user accountability’ provided for else- where in this Act: Provided, That no individual Indian shall be denied any benefit under Federal Indian pro- grams comparable to those ‘means tested’ safety net programs otherwise excluded under this Act.’’ § 2402. Purpose It is the purpose of this chapter to— (1) authorize and develop a comprehensive, coordinated attack upon the illegal narcotics traffic in Indian country and the deleterious impact of alcohol and substance abuse upon Indian tribes and their members, (2) provide needed direction and guidance to those Federal agencies responsible for Indian programs to identify and focus existing pro- grams and resources, including those made available by this chapter, upon this problem, (3) provide authority and opportunities for Indian tribes to develop and implement a co- ordinated program for the prevention and treatment of alcohol and substance abuse at the local level, and (4) to 1 modify or supplement existing pro- grams and authorities in the areas of edu- cation, family and social services, law enforce- ment and judicial services, and health services to further the purposes of this chapter. (Pub. L. 99–570, title IV, § 4203, Oct. 27, 1986, 100 Stat. 3207–138.) § 2403. Definitions For purposes of this chapter— (1) The term ‘‘agency’’ means the local ad- ministrative entity of the Bureau of Indian Af- fairs serving one or more Indian tribes within a defined geographic area. (2) The term ‘‘youth’’ shall have the mean- ing given it in any particular Tribal Action Plan adopted pursuant to section 2411 of this title, 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 In- dian 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 pur- suant to, the Alaska Native Claims Settle- ment Act (43 U.S.C. 1601 et seq.)) which is rec- ognized as eligible for special programs and services provided by the United States to Indi- ans because of their status as Indians. (4) The term ‘‘prevention and treatment’’ in- cludes, as appropriate— (A) efforts to identify, and the identifica- tion of, Indians who are at risk with respect to, or who are abusers of, alcohol or con- trolled substances, (B) intervention into cases of on-going al- cohol 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 as- sistance, either on an inpatient or out- patient basis, to help Indians reform or ab- stain from alcohol or substance abuse, (F) follow-up or after-care to provide the appropriate counseling and assistance on an outpatient basis, and (G) referral to other sources of assistance or resources. (5) The term ‘‘service unit’’ means an admin- istrative entity within the Indian Health Serv- ice or a tribe or tribal organization operating health care programs or facilities with funds from the Indian Health Service under the In- dian Self-Determination Act [25 U.S.C. 5321 et seq.] through which the services are provided, directly or by contract, to the eligible Indian population within a defined geographic area. (6) The terms ‘‘Urban Indian’’, ‘‘Urban Cen- ter’’, and ‘‘Urban Indian Organization’’ shall have the same meaning as provided in section 1603 of this title. (Pub. L. 99–570, title IV, § 4204, Oct. 27, 1986, 100 Stat. 3207–138; Pub. L. 100–690, title II, § 2202, Nov. 18, 1988, 102 Stat. 4217.) Editorial Notes REFERENCES IN TEXT The Alaska Native Claims Settlement Act, referred to in par. (3), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. The Indian Self-Determination Act, referred to in par. (5), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. AMENDMENTS 1988—Par. (6). Pub. L. 100–690 added par. (6).