25 U.S.C. § 2413 — Departmental responsibility

Page 474 TITLE 25—INDIANS § 2413 1 So in original. Probably should be ‘‘establishes’’. (B) youth recreation; (C) youth cultural activities; (D) community awareness programs; and (E) community training and education pro- grams. (3) There are authorized to be appropriated to carry out the provisions of this subsection $5,000,000 for fiscal years 2011 through 2015. (Pub. L. 99–570, title IV, § 4206, Oct. 27, 1986, 100 Stat. 3207–140; Pub. L. 100–690, title II, §§ 2203, 2204, Nov. 18, 1988, 102 Stat. 4217; Pub. L. 102–573, title VII, § 703(1), Oct. 29, 1992, 106 Stat. 4582; Pub. L. 111–211, title II, § 241(a)(2), July 29, 2010, 124 Stat. 2287.) Editorial Notes REFERENCES IN TEXT Section 2475 of this title, referred to in subsec. (c)(1)(A)(iv), was repealed by Pub. L. 102–573, title VII, § 702(b)(2), Oct. 29, 1992, 106 Stat. 4582. AMENDMENTS 2010—Subsec. (b). Pub. L. 111–211, § 241(a)(2)(A), in- serted ‘‘, the Office of Justice Programs, the Substance Abuse and Mental Health Services Administration,’’ before ‘‘and the Indian Health Service service unit’’. Subsec. (c)(1)(A)(i). Pub. L. 111–211, § 241(a)(2)(B), in- serted ‘‘, the Office of Justice Programs, the Substance Abuse and Mental Health Services Administration,’’ before ‘‘and the Indian Health Service service unit’’. Subsec. (d)(2). Pub. L. 111–211, § 241(a)(2)(C), sub- stituted ‘‘the period of fiscal years 2011 through 2015’’ for ‘‘fiscal year 1993 and such sums as are necessary for each of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000’’. Subsec. (e). Pub. L. 111–211, § 241(a)(2)(D), inserted ‘‘, the Attorney General,’’ after ‘‘the Secretary of the Interior’’. Subsec. (f)(3). Pub. L. 111–211, § 241(a)(2)(E), sub- stituted ‘‘fiscal years 2011 through 2015’’ for ‘‘fiscal year 1993 and such sums as are necessary for each of the fis- cal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000’’. 1992—Subsec. (c). Pub. L. 102–573, § 703(1)(A), in par. (2), redesignated subpars. (2) to (4) as subpars. (B) to (D), respectively, and added subpar. (F), and added par. (3). Subsec. (d)(2). Pub. L. 102–573, § 703(1)(B), amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘There is authorized to be appropriated not to exceed $1,000,000 for each of the fiscal years 1989, 1990, 1991, and 1992 for grants under this subsection.’’ Subsec. (f). Pub. L. 102–573, § 703(1)(C), added subsec. (f). 1988—Subsec. (c)(2)(E). Pub. L. 100–690, § 2203, added subpar. (E). Subsec. (d)(2). Pub. L. 100–690, § 2204, amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘There is authorized to be appropriated not to exceed $1,000,000 for each of the fiscal year 1987, 1988, and 1989 for grants under this subsection.’’ § 2413. Departmental responsibility (a) Implementation The Secretary of the Interior, acting through the Bureau of Indian Affairs, the Attorney Gen- eral, and the Secretary of Health and Human Services, acting through the Indian Health Serv- ice, shall bear equal responsibility for the imple- mentation 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 Fed- eral agencies and departments carrying out this chapter, there is established within the Substance Abuse and Mental Health Serv- ices Administration an office, to be known as the ‘‘Office of Indian Alcohol and Sub- stance Abuse’’ (referred to in this section as the ‘‘Office’’). (B) Director The director of the Office shall be ap- pointed by the Administrator of the Sub- stance 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 re- sponsible 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; (B) serving as a point of contact for Indian tribes and the Tribal Coordinating Commit- tees regarding the implementation of this chapter, the Memorandum of Agreement, and any Tribal Action Plan established under section 2412 of this title; and (C) not later than 1 year after July 29, 2010, developing, in coordination and consultation with tribal governments, a framework for interagency and tribal coordination that— (i) establish 1 the goals and other desired outcomes of this Act; (ii) prioritizes outcomes that are aligned with the purposes of affected agencies; (iii) provides guidelines for resource and information sharing; (iv) provides technical assistance to the affected agencies to establish effective and permanent interagency communication and coordination; and (v) determines whether collaboration is feasible, cost-effective, and within agency capability. (3) Appointment of employees The Administrator of the Substance Abuse and Mental Health Services Administration shall appoint such employees to work in the Office, and shall provide such funding, serv- ices, and equipment, as may be necessary to enable the Office to carry out the responsibil- ities under this subsection. (c) Indian Youth Programs Officer (1) There is established in the Office the posi- tion to be known as the Indian Youth Programs Officer. The Administrator of the Substance Abuse and Mental Health Services Administra- tion shall appoint the Indian Youth Programs Officer. (2) The position of Indian Youth Programs Of- ficer shall be established on a permanent basis at no less than the grade of GS–14 of the General Schedule. Page 475 TITLE 25—INDIANS § 2414a (3) In addition to other responsibilities which may be assigned to the Indian Youth Programs Officer relating to Indian youth such Officer shall be responsible for— (A) monitoring the performance and compli- ance of the applicable Federal programs in meeting the goals and purposes of this chapter and the Memorandum of Agreement entered into under section 2411 of this title as they re- late to Indian youth efforts, and (B) providing advice and recommendations, including recommendations submitted by In- dian tribes and Tribal Coordinating Commit- tees, to the Director of the Office as they re- late to Indian youth. (Pub. L. 99–570, title IV, § 4207, Oct. 27, 1986, 100 Stat. 3207–141; Pub. L. 100–690, title II, § 2216, Nov. 18, 1988, 102 Stat. 4221; Pub. L. 102–573, title VII, § 703(2), Oct. 29, 1992, 106 Stat. 4583; Pub. L. 111–211, title II, § 241(a)(3), July 29, 2010, 124 Stat. 2288.) Editorial Notes REFERENCES IN TEXT The General Schedule, referred to in subsecs. (b)(1)(B)(ii) and (c)(2), is set out under section 5332 of Title 5, Government Organization and Employees. This Act, referred to in subsec. (b)(2)(C)(i), is Pub. L. 99–570, Oct. 27, 1986, 100 Stat. 3207, known as the Anti- Drug Abuse Act of 1986. For complete classification of this Act to the Code, see Short Title of 1986 Amend- ment note set out under section 801 of Title 21, Food and Drugs, and Tables. AMENDMENTS 2010—Subsec. (a). Pub. L. 111–211, § 241(a)(3)(A), in- serted ‘‘, the Attorney General’’ after ‘‘Bureau of In- dian Affairs’’. Subsec. (b)(1). Pub. L. 111–211, § 241(a)(3)(B)(i), added par. (1) and struck out former par. (1) which read as fol- lows: ‘‘In order to better coordinate the various pro- grams of the Bureau of Indian Affairs in carrying out this chapter, there is established within the Office of the Assistant Secretary of the Interior for Indian Af- fairs an Office of Alcohol and Substance Abuse. The di- rector of such office shall be appointed by the Assistant Secretary of the Interior for Indian Affairs on a perma- nent basis at no less than a grade GS–15 of the General Schedule.’’ Subsec. (b)(2). Pub. L. 111–211, § 241(a)(3)(B)(ii)(I), in- serted heading. Subsec. (b)(2)(A). Pub. L. 111–211, § 241(a)(3)(B)(ii)(II), added subpar. (A) and struck out former subpar. (A) which read as follows: ‘‘monitoring the performance and compliance of programs of the Bureau of Indian Af- fairs in meeting the goals and purposes of this chapter and the Memorandum of Agreement entered into under section 2411 of this title, and’’. Subsec. (b)(2)(B). Pub. L. 111–211, § 241(a)(3)(B)(ii)(III)(aa), struck out ‘‘within the Bureau of Indian Affairs’’ after ‘‘point of contact’’. Subsec. (b)(2)(C). Pub. L. 111–211, § 241(a)(3)(B)(ii)(III)(bb), (IV), added subpar. (C). Subsec. (b)(3). Pub. L. 111–211, § 241(a)(3)(B)(iii), added par. (3) and struck out former par. (3) which read as fol- lows: ‘‘The Assistant Secretary of the Interior for In- dian Affairs shall appoint such employees to work in the Office of Alcohol and Substance Abuse, and shall provide such funding, services, and equipment as may be necessary to enable the Office of Alcohol and Sub- stance Abuse to carry out its responsibilities.’’ Subsec. (c)(1). Pub. L. 111–211, § 241(a)(3)(C)(i), (ii), struck out ‘‘of Alcohol and Substance Abuse’’ after ‘‘Office’’ and substituted ‘‘The Administrator of the Substance Abuse and Mental Health Services Adminis- tration’’ for ‘‘The Assistant Secretary of the Interior for Indian Affairs’’. Subsec. (c)(3). Pub. L. 111–211, § 241(a)(3)(C)(iii)(I), which directed substitution of ‘‘youth’’ for ‘‘Youth’’ in introductory provisions, was executed by making the substitution for ‘‘Youth’’ the second time appearing, to reflect the probable intent of Congress. Subsec. (c)(3)(A). Pub. L. 111–211, § 241(a)(3)(C)(iii)(II), substituted ‘‘the applicable Federal programs’’ for ‘‘programs of the Bureau of Indian Affairs’’. Subsec. (c)(3)(B). Pub. L. 111–211, § 241(a)(3)(C)(i), struck out ‘‘of Alcohol and Substance Abuse’’ after ‘‘Office’’. 1992—Subsec. (b)(3). Pub. L. 102–573 amended par. (3) generally. Prior to amendment, par. (3) read as follows: ‘‘The Assistant Secretary of the Interior for Indian Af- fairs shall appoint such employees to work in the Office of Alcohol and Substance Abuse, and shall provide such services and equipment, as may be necessary to enable the Office of Alcohol and Substance Abuse to carry out its responsibilities.’’ 1988—Subsec. (b)(1). Pub. L. 100–690, § 2216(1), (2), sub- stituted ‘‘Assistant Secretary of the Interior for’’ for ‘‘Assistant Secretary of’’ and ‘‘Assistant Secretary of the Interior for Indian Affairs on’’ for ‘‘Assistant Sec- retary on’’. Subsec. (b)(3). Pub. L. 100–690, § 2216(3), added par. (3). Subsec. (c)(1). Pub. L. 100–690, § 2216(4), inserted at end ‘‘The Assistant Secretary of the Interior for Indian Af- fairs shall appoint the Indian Youth Programs Officer.’’ § 2414. Congressional intent in construction of laws It is the intent of Congress that— (1) specific Federal laws, and administrative regulations promulgated thereunder, estab- lishing programs of the Bureau of Indian Af- fairs, the Indian Health Service, and other Federal agencies, and (2) general Federal laws, including laws lim- iting augmentation of Federal appropriations or encouraging joint or cooperative funding, shall be liberally construed and administered to achieve the purposes of this chapter. (Pub. L. 99–570, title IV, § 4208, Oct. 27, 1986, 100 Stat. 3207–142.) § 2414a. Review of programs (a) In general In the development of the Memorandum of Agreement required by section 2411 of this title, the Secretary of the Interior, the Attorney Gen- eral, and the Secretary of Health and Human Services shall review and consider— (1) the various programs established by Fed- eral 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 treat- ment are or should be located, and (4) the effectiveness of public and private al- cohol and substance abuse treatment pro- grams 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 sub- section (a) shall be provided to every Indian