25 U.S.C. § 1663a — Nevada Area Office

Page 321 TITLE 25—INDIANS § 1665 (Pub. L. 94–437, title VI, § 603, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.) Editorial Notes CODIFICATION Section 603 of Pub. L. 94–437 is based on section 172 of title I of S. 1790, One Hundred Eleventh Congress, as re- ported by the Committee on Indian Affairs of the Sen- ate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148. PRIOR PROVISIONS A prior section 1663, Pub. L. 94–437, title VI, § 603, as added Pub. L. 102–573, title VI, § 603, Oct. 29, 1992, 106 Stat. 4571, authorized appropriations through fiscal year 2000 to carry out this subchapter, prior to repeal by Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935. The repeal is based on section 101(b)(10) of title I of S. 1790, One Hundred Eleventh Congress, as re- ported by the Committee on Indian Affairs of the Sen- ate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148. § 1663a. Nevada Area Office (a) In general Not later than 1 year after March 23, 2010, in a manner consistent with the tribal consulta- tion policy of the Service, the Secretary shall submit to Congress a plan describing the man- ner and schedule by which an area office, sepa- rate and distinct from the Phoenix Area Office of the Service, can be established in the State of Nevada. (b) Failure to submit plan (1) Definition of operations funds In this subsection, the term ‘‘operations funds’’ means only the funds used for— (A) the administration of services, includ- ing functional expenses such as overtime, personnel salaries, and associated benefits; or (B) related tasks that directly affect the operations described in subparagraph (A). (2) Withholding of funds If the Secretary fails to submit a plan in ac- cordance with subsection (a), the Secretary shall withhold the operations funds reserved for the Office of the Director, subject to the condition that the withholding shall not ad- versely impact the capacity of the Service to deliver health care services. (3) Restoration The operations funds withheld pursuant to paragraph (2) may be restored, at the discre- tion of the Secretary, to the Office of the Di- rector on achievement by that Office of com- pliance with this section. (Pub. L. 94–437, title VI, § 604, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.) Editorial Notes CODIFICATION Section 604 of Pub. L. 94–437 is based on section 173 of title I of S. 1790, One Hundred Eleventh Congress, as re- ported by the Committee on Indian Affairs of the Sen- ate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148. SUBCHAPTER V–A—BEHAVIORAL HEALTH PROGRAMS Editorial Notes CODIFICATION Title VII of the Indian Health Care Improvement Act, comprising this subchapter, was originally enacted by Pub. L. 94–437, title VII, as added Pub. L. 102–573, title VII, § 702(a), Oct. 29, 1992, 106 Stat. 4572, and amended by Pub. L. 104–313, Oct. 19, 1996, 110 Stat. 3820; Pub. L. 105–244, Oct. 7, 1998, 112 Stat. 1581; Pub. L. 105–256, Oct. 14, 1998, 112 Stat. 1896; Pub. L. 110–315, Aug. 14, 2008, 122 Stat. 3078. Such title is shown herein, however, as hav- ing been added by Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935, without reference to such in- tervening amendments because of the extensive revi- sion of the title’s provisions by Pub. L. 111–148. A prior title VII was renumbered VIII by Pub. L. 102–573 and is classified to subchapter VI of this chapter. PART A—GENERAL PROGRAMS § 1665. Definitions In this part: (1) Alcohol-related neurodevelopmental dis- orders; ARND The term ‘‘alcohol-related neurodevelopmental disorders’’ or ‘‘ARND’’ means, with a history of maternal alcohol con- sumption during pregnancy, central nervous system abnormalities, which may range from minor intellectual deficits and developmental delays to mental retardation. ARND children may have behavioral problems, learning dis- abilities, problems with executive functioning, and attention disorders. The neurological de- fects of ARND may be as severe as FAS, but facial anomalies and other physical character- istics are not present in ARND, thus making diagnosis difficult. (2) Assessment The term ‘‘assessment’’ means the system- atic collection, analysis, and dissemination of information on health status, health needs, and health problems. (3) Behavioral health aftercare The term ‘‘behavioral health aftercare’’ in- cludes those activities and resources used to support recovery following inpatient, residen- tial, intensive substance abuse, or mental health outpatient or outpatient treatment. The purpose is to help prevent or deal with re- lapse by ensuring that by the time a client or patient is discharged from a level of care, such as outpatient treatment, an aftercare plan has been developed with the client. An aftercare plan may use such resources as a community- based therapeutic group, transitional living facilities, a 12-step sponsor, a local 12-step or other related support group, and other com- munity-based providers. (4) Dual diagnosis The term ‘‘dual diagnosis’’ means coexisting substance abuse and mental illness conditions or diagnosis. Such clients are sometimes re- ferred to as mentally ill chemical abusers (MICAs).