25 U.S.C. § 2412 — Tribal Action Plans

Page 473 TITLE 25—INDIANS § 2412 1 So in original. 2 See References in Text note below. Subsec. (c). Pub. L. 111–211, § 241(a)(1)(B), inserted ‘‘, the Attorney General,’’ after ‘‘Secretary of the Inte- rior’’ in introductory provisions. Subsec. (d). Pub. L. 111–211, § 241(a)(1)(C), substituted ‘‘July 29, 2010’’ for ‘‘October 27, 1986’’. § 2412. Tribal Action Plans (a) In general The governing body of any Indian tribe may, at its discretion, adopt a resolution for the es- tablishment of a Tribal Action Plan to coordi- nate available resources and programs, includ- ing programs and resources made available by this chapter, in an effort to combat alcohol and substance abuse among its members. Such reso- lution shall be the basis for the implementation of this chapter and of the Memorandum of Agreement under section 2411 of this title. (b) Cooperation At the request of any Indian tribe pursuant to a resolution adopted under subsection (a), the Bureau of Indian Affairs agency and education superintendents, where appropriate,,1 the Office of Justice Programs, the Substance Abuse and Mental Health Services Administration, and the Indian Health Service service unit director pro- viding services to such tribe shall cooperate with the tribe in the development of a Tribal Action Plan to coordinate resources and pro- grams relevant to alcohol and substance abuse prevention and treatment. Upon the develop- ment of such a plan, such superintendents and director, as directed by the Memorandum of Agreement established under section 2411 of this title, shall enter into an agreement with the tribe for the implementation of the Tribal Ac- tion Plan under subsection (a). (c) Provisions (1) Any Tribal Action Plan entered into under subsection (b) shall provide for— (A) the establishment of a Tribal Coordi- nating Committee which shall— (i) at a minimum, have as members a trib- al representative who shall serve as Chair- man and the Bureau of Indian Affairs agency and education superintendents, where appro- priate,,1 the Office of Justice Programs, the Substance Abuse and Mental Health Serv- ices Administration, and the Indian Health Service service unit director, or their rep- resentatives, (ii) have primary responsibility for the im- plementation of the Tribal Action Plan, (iii) have the responsibility for on-going review and evaluation of, and the making of recommendations to the tribe relating to, the Tribal Action Plan, and (iv) have the responsibility for scheduling Federal, tribal or other personnel for train- ing in the prevention and treatment of alco- hol and substance abuse among Indians as provided under section 2475 2 of this title, and (B) the incorporation of the minimum stand- ards for those programs and services which it encompasses which shall be— (i) the Federal or State standards as pro- vided in section 2411(a)(3) of this title, or (ii) applicable tribal standards, if such standards are no less stringent than the Fed- eral or State standards. (2) Any Tribal Action Plan may, among other things, provide for— (A) an assessment of the scope of the prob- lem of alcohol and substance abuse for the In- dian tribe which adopted the resolution for the Plan, (B) the identification and coordination of available resources and programs relevant to a program of alcohol and substance abuse pre- vention and treatment, (C) the establishment and prioritization of goals and the efforts needed to meet those goals, (D) the identification of the community and family roles in any of the efforts undertaken as part of the Tribal Action Plan, (E) the establishment of procedures for amendment and revision of the plan as may be determined necessary by the Tribal Coordi- nating Committee, and (F) an evaluation component to measure the success of efforts made. (3) All Tribal Action Plans shall be updated every 2 years. (d) Grants (1) The Secretary of the Interior may make grants to Indian tribes adopting a resolution pursuant to subsection (a) to provide technical assistance in the development of a Tribal Action Plan. The Secretary shall allocate funds based on need. (2) There are authorized to be appropriated for grants under this subsection not more than $2,000,000 for the period of fiscal years 2011 through 2015. (e) Federal action If any Indian tribe does not adopt a resolution as provided in subsection (a) within 90 days after the publication of the Memorandum of Agree- ment in the Federal Register as provided in sec- tion 2411 of this title, the Secretary of the Inte- rior, the Attorney General, and the Secretary of Health and Human Services shall require the Bureau of Indian Affairs agency and education superintendents, where appropriate, and the In- dian Health Service service unit director serving such tribe to enter into an agreement to iden- tify and coordinate available programs and re- sources to carry out the purposes of this chapter for such tribe. After such an agreement has been entered into for a tribe such tribe may adopt a resolution under subsection (a). (f) Grants for training, education, and preven- tion programs (1) The Secretary of the Interior may make grants to Indian tribes adopting a resolution pursuant to subsection (a) to implement and de- velop community and in-school training, edu- cation, and prevention programs on alcohol and substance abuse, fetal alcohol syndrome and fetal alcohol effect. (2) Funds provided under this section may be used for, but are not limited to, the development and implementation of tribal programs for— (A) youth employment; 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.