25 U.S.C. § 1660a — Grants for alcohol and substance abuse

Page 315 TITLE 25—INDIANS § 1660a extent, and in an amount, provided for in appro- priation Acts. (Pub. L. 94–437, title V, § 508, as added Pub. L. 100–713, title V, § 501, Nov. 23, 1988, 102 Stat. 4824.) Editorial Notes PRIOR PROVISIONS A prior section 1658, Pub. L. 94–437, title V, § 508, Sept. 30, 1976, 90 Stat. 1412, provided that not to exceed 1 per centum of the amounts authorized by section 1656 of this title be available for not to exceed two pilot projects providing outreach services to eligible Indians residing in rural communities near Indian reservations, prior to the general revision of this subchapter by Pub. L. 96–537, § 7, Dec. 17, 1980, 94 Stat. 3176. § 1659. Facilities renovation The Secretary may make funds available to contractors or grant recipients under this sub- chapter for renovations to facilities or construc- tion or expansion of facilities, including leased facilities. (Pub. L. 94–437, title V, § 509, formerly § 409, as added Pub. L. 101–630, title V, § 506(c), Nov. 28, 1990, 104 Stat. 4566; renumbered § 509 and amend- ed Pub. L. 102–573, title V, §§ 501(b)(6), 505(b)(2), title IX, § 902(5)(A), Oct. 29, 1992, 106 Stat. 4569, 4571, 4591; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935; Pub. L. 117–58, div. G, title XI, § 71104, Nov. 15, 2021, 135 Stat. 1326.) Editorial Notes CODIFICATION Amendment by Pub. L. 111–148 is based on section 161 of title I of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was enacted into law by sec- tion 10221(a) of Pub. L. 111–148. AMENDMENTS 2021—Pub. L. 117–58 struck out ‘‘minor’’ before ‘‘ren- ovations’’ and ‘‘, to assist such contractors or grant re- cipients in meeting or maintaining the Joint Commis- sion for Accreditation of Health Care Organizations (JCAHO) standards’’ before period at end. 2010—Pub. L. 111–148 inserted ‘‘or construction or ex- pansion of facilities’’ after ‘‘renovations to facilities’’. 1992—Pub. L. 102–573, § 902(5)(A), made technical amendment to section catchline. Pub. L. 102–573, § 505(b)(2), struck out last sentence which authorized appropriation of $1,000,000 for fiscal year 1992 to carry out this section. Pub. L. 102–573, § 501(b)(6), inserted ‘‘or grant recipi- ents’’ after ‘‘contractors’’ in two places. § 1660. Urban Health Programs Branch (a) Establishment There is hereby established within the Service a Branch of Urban Health Programs which shall be responsible for carrying out the provisions of this subchapter and for providing central over- sight of the programs and services authorized under this subchapter. (b) Staff, services, and equipment The Secretary shall appoint such employees to work in the branch, including a program direc- tor, and shall provide such services and equip- ment, as may be necessary for it to carry out its responsibilities. The Secretary shall also ana- lyze the need to provide at least one urban health program analyst for each area office of the Indian Health Service and shall submit his findings to the Congress as a part of the Depart- ment’s fiscal year 1993 budget request. (Pub. L. 94–437, title V, § 510, formerly § 511, as added Pub. L. 101–630, title V, § 508, Nov. 28, 1990, 104 Stat. 4567; renumbered § 510 and amended Pub. L. 102–573, title V, § 501(b)(7), title IX, § 902(5)(B), Oct. 29, 1992, 106 Stat. 4569, 4591.) Editorial Notes AMENDMENTS 1992—Pub. L. 102–573, § 902(5)(B), made technical amendment to section catchline. Subsec. (a). Pub. L. 102–573, § 501(b)(7), inserted ‘‘and for providing central oversight of the programs and services authorized under this subchapter’’ before pe- riod at end. § 1660a. Grants for alcohol and substance abuse related services (a) Grants The Secretary may make grants for the provi- sion of health-related services in prevention of, treatment of, rehabilitation of, or school and community-based education in, alcohol and sub- stance abuse in urban centers to those urban In- dian organizations with whom the Secretary has entered into a contract under this subchapter or under section 1621 of this title. (b) Goals of grant Each grant made pursuant to subsection (a) shall set forth the goals to be accomplished pur- suant to the grant. The goals shall be specific to each grant as agreed to between the Secretary and the grantee. (c) Criteria The Secretary shall establish criteria for the grants made under subsection (a), including cri- teria relating to the— (1) size of the urban Indian population; (2) accessibility to, and utilization of, other health resources available to such population; (3) duplication of existing Service or other Federal grants or contracts; (4) capability of the organization to ade- quately perform the activities required under the grant; (5) satisfactory performance standards for the organization in meeting the goals set forth in such grant, which standards shall be nego- tiated and agreed to between the Secretary and the grantee on a grant-by-grant basis; and (6) identification of need for services. The Secretary shall develop a methodology for allocating grants made pursuant to this section based on such criteria. (d) Treatment of funds received by urban Indian organizations Any funds received by an urban Indian organi- zation under this chapter for substance abuse prevention, treatment, and rehabilitation shall be subject to the criteria set forth in subsection (c). (Pub. L. 94–437, title V, § 511, as added Pub. L. 102–573, title V, § 502, Oct. 29, 1992, 106 Stat. 4569.) Page 316 TITLE 25—INDIANS § 1660b 1 See References in Text note below. Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (d), was in the original ‘‘this Act’’, meaning Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Im- provement Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables. PRIOR PROVISIONS A prior section 511 of Pub. L. 94–437 was renumbered section 510 and is classified to section 1660 of this title. § 1660b. Treatment of certain demonstration projects Notwithstanding any other provision of law, the Tulsa Clinic and Oklahoma City Clinic dem- onstration projects shall— (1) be permanent programs within the Serv- ice’s direct care program; (2) continue to be treated as Service units and operating units in the allocation of re- sources and coordination of care; and (3) continue to meet the requirements and definitions of an urban Indian organization in this chapter, and shall not be subject to the provisions of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).1 (Pub. L. 94–437, title V, § 512, as added Pub. L. 102–573, title V, § 503, Oct. 29, 1992, 106 Stat. 4569; amended Pub. L. 105–256, § 4(b), Oct. 14, 1998, 112 Stat. 1897; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in par. (3), was in the origi- nal ‘‘this Act’’, meaning Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Improve- ment Act, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables. The Indian Self-Determination and Education Assist- ance Act (25 U.S.C. 450 et seq.), referred to in par. (3), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally to subchapter II (§ 450 et seq.) of chapter 14 of this title prior to editorial reclassifica- tion as chapter 46 (§ 5301 et seq.) of this title. For com- plete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. CODIFICATION Amendment by Pub. L. 111–148 is based on sections 101(b)(8) and 162 of title I of S. 1790, One Hundred Elev- enth Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which were enacted into law by section 10221(a) of Pub. L. 111–148. AMENDMENTS 2010—Pub. L. 111–148 amended section generally. Prior to amendment, section related to treatment of certain demonstration projects as Service units in the alloca- tion of resources and coordination of care. Subsec. (c). Pub. L. 111–148 struck out subsec. (c), which authorized appropriations to carry out this sec- tion through fiscal year 2002, prior to general amend- ment of section. See above. 1998—Subsec. (c). Pub. L. 105–256 added subsec. (c). Statutory Notes and Related Subsidiaries PERMANENT PROGRAMS UNDER THE DIRECT CARE PROGRAM OF THE INDIAN HEALTH SERVICE Pub. L. 108–447, div. E, title II, Dec. 8, 2004, 118 Stat. 3087, provided in part that: ‘‘Notwithstanding any other provision of law, the Tulsa and Oklahoma City Clinic demonstration projects shall be permanent programs under the direct care program of the Indian Health Service; shall be treated as service units and operating units in the allocation of resources and coordination of care; shall continue to meet the requirements applica- ble to an Urban Indian organization under this title [title II of div. E of Pub. L. 108–447, see Tables for clas- sification]; and shall not be subject to the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450 et seq.) [now 25 U.S.C. 5301 et seq.].’’ EXTENSION OF TERMS OF PROJECTS Pub. L. 105–256, § 4(a), Oct. 14, 1998, 112 Stat. 1897, pro- vided for extension of terms of projects referred to in section 1660b of this title to Oct. 1, 2002. § 1660c. Urban NIAAA transferred programs (a) Duty of Secretary The Secretary shall, within the Branch of Urban Health Programs of the Service, make grants or enter into contracts for the adminis- tration of urban Indian alcohol programs that were originally established under the National Institute on Alcoholism and Alcohol Abuse (hereafter in this section referred to as ‘‘NIAAA’’) and transferred to the Service. (b) Use of grants Grants provided or contracts entered into under this section shall be used to provide sup- port for the continuation of alcohol prevention and treatment services for urban Indian popu- lations and such other objectives as are agreed upon between the Service and a recipient of a grant or contract under this section. (c) Eligibility for grants Urban Indian organizations that operate In- dian alcohol programs originally funded under NIAAA and subsequently transferred to the Service are eligible for grants or contracts under this section. (d) Combination of funds For the purpose of carrying out this section, the Secretary may combine NIAAA alcohol funds with other substance abuse funds cur- rently administered through the Branch of Urban Health Programs of the Service. (e) Evaluation and report to Congress The Secretary shall evaluate and report to the Congress on the activities of programs funded under this section at least every 5 years. (Pub. L. 94–437, title V, § 513, as added Pub. L. 102–573, title V, § 504, Oct. 29, 1992, 106 Stat. 4570; amended Pub. L. 105–362, title VI, § 602(a), Nov. 10, 1998, 112 Stat. 3286.) Editorial Notes AMENDMENTS 1998—Subsec. (e). Pub. L. 105–362 substituted ‘‘every 5 years’’ for ‘‘every two years’’.