25 U.S.C. § 2414a — Review of programs

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 Page 476 TITLE 25—INDIANS § 2415 1 See References in Text note below. tribe as soon as possible for their consideration and use in the development or modification of a Tribal Action Plan. (Pub. L. 99–570, title IV, § 4208A, formerly § 4224, Oct. 27, 1986, 100 Stat. 3207–148; renumbered § 4208A, Pub. L. 102–573, title VII, § 702(b)(1), Oct. 29, 1992, 106 Stat. 4582; amended Pub. L. 111–211, title II, § 241(a)(4), July 29, 2010, 124 Stat. 2289.) Editorial Notes CODIFICATION Section was formerly classified to section 2471 of this title prior to renumbering by Pub. L. 102–573. Pub. L. 111–211, § 241(a)(4), which directed amendment of section 4208a of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986, was exe- cuted to this section, which is section 4208A of the Act, to reflect the probable intent of Congress. See 2010 Amendment note below. AMENDMENTS 2010—Subsec. (a). Pub. L. 111–211 inserted ‘‘, the At- torney General,’’ after ‘‘the Secretary of the Interior’’ in introductory provisions. See Codification note above. § 2415. Federal facilities, property, and equip- ment; leasing of tribal property (a) Facility availability In the furtherance of the purposes and goals of this chapter, the Secretary of the Interior, the Attorney General, and the Secretary of Health and Human Services shall make available for community use, to the extent permitted by law and as may be provided in a Tribal Action Plan, local Federal facilities, property, and equip- ment, including school facilities. Such facility availability shall include school facilities under the Secretary of the Interior’s jurisdiction: Pro- vided, That the use of any school facilities shall be conditioned upon approval of the local school board with jurisdiction over such school. (b) Costs Any additional cost associated with the use of Federal facilities, property, or equipment under subsection (a) may be borne by the Secretary of the Interior, the Attorney General, and the Sec- retary of Health and Human Services out of available Federal, tribal, State, local, or private funds, if not otherwise prohibited by law. This subsection does not require the Secretary of the Interior, nor the Attorney General, nor the Sec- retary of Health and Human Services to expend additional funds to meet the additional costs which may be associated with the provision of such facilities, property, or equipment for com- munity use. Where the use of Federal facilities, property, or equipment under subsection (a) fur- thers the purposes and goals of this chapter, the use of funds other than those funds appropriated to the Department of the Interior, the Depart- ment of Justice, or the Department of Health and Human Services to meet the additional costs associated with such use shall not con- stitute an augmentation of Federal appropria- tions. (c) Leases (1) The Secretary of the Interior, the Attorney General, and the Secretary of Health and Human Services are authorized to enter into long-term leases of tribally owned or leased facilities to house programs established by this chapter where they determine that there is no Federal facility reasonably available for such purpose and the cost of constructing a new Federal facil- ity would exceed the cost of such Federal lease unless they determine that mitigating factors favor such a lease. (2) A tribally owned or leased facility may be leased pursuant to this authority to house a re- gional treatment center to be established pursu- ant to section 2474(b) 1 of this title only if all the tribes within the Indian Health Service area to be served by such regional treatment center ini- tially consent to such Federal lease. (Pub. L. 99–570, title IV, § 4209, Oct. 27, 1986, 100 Stat. 3207–142; Pub. L. 100–690, title II, § 2205, Nov. 18, 1988, 102 Stat. 4217; Pub. L. 111–211, title II, § 241(a)(5), July 29, 2010, 124 Stat. 2289.) Editorial Notes REFERENCES IN TEXT Section 2474(b) of this title, referred to in subsec. (c)(2), was repealed by Pub. L. 102–573, title VII, § 702(b)(2), Oct. 29, 1992, 106 Stat. 4582. AMENDMENTS 2010—Subsec. (a). Pub. L. 111–211, § 241(a)(5)(A), in- serted ‘‘, the Attorney General,’’ after ‘‘the Secretary of the Interior’’. Subsec. (b). Pub. L. 111–211, § 241(a)(5)(B), inserted ‘‘, the Attorney General,’’ after ‘‘the Secretary of the Interior’’ in first sentence, ‘‘, nor the Attorney Gen- eral,’’ after ‘‘the Secretary of the Interior’’ in second sentence, and ‘‘, the Department of Justice,’’ after ‘‘the Department of the Interior’’ in third sentence. Subsec. (c)(1). Pub. L. 111–211, § 241(a)(5)(C), which di- rected insertion of ‘‘, the Attorney General,’’ after ‘‘the Secretary of the Interior’’, was executed by mak- ing the insertion after ‘‘The Secretary of the Interior’’, to reflect the probable intent of Congress. 1988—Pub. L. 100–690, § 2205(1), inserted ‘‘; leasing of tribal property’’ in section catchline. Subsec. (c). Pub. L. 100–690, § 2205(2), added subsec. (c). Statutory Notes and Related Subsidiaries LEASE AND OPERATION OF FACILITIES IN FAIRBANKS, ALASKA Pub. L. 101–630, title V, § 509(b), (c), Nov. 28, 1990, 104 Stat. 4567, provided that: ‘‘(b) LEASE OF FACILITIES.—The Secretary of Health and Human Services, acting under section 4209(c) and 4227(b) of the Indian Alcohol and Substance Abuse Pre- vention and Treatment Act [of 1986, 25 U.S.C. 2415(c), 2474(b)], may— ‘‘(1) without regard to section 4209(c)(2) of that Act, lease from the Tanana Chiefs Conference facilities that are located in Fairbanks, Alaska, and that the Tanana Chiefs Conference has leased from another entity, and ‘‘(2) if the Secretary enters into a lease under para- graph (1) for at least 40 years, renovate the facilities to the extent needed. ‘‘(c) SELF-DETERMINATION CONTRACTS FOR STAFFING AND OPERATION.—The Secretary of Health and Human Services, acting under section 102 of the Indian Self-De- termination and Education Assistance Act [25 U.S.C. 5321], may contract with the Tanana Chiefs Conference to staff and operate the facilities leased under sub- section (b), without a request of an Indian tribe, and