25 U.S.C. § 2403 — Definitions

Page 471 TITLE 25—INDIANS § 2403 1 So in original. and Treatment Act of 1986, which is classified generally to this chapter. For complete classification of subtitle C to the Code, see Short Title note below and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 99–570, title IV, § 4201, Oct. 27, 1986, 100 Stat. 3207–137, provided that: ‘‘This subtitle [subtitle C (§§ 4201–4230) of title IV of Pub. L. 99–570, enacting this chapter, amending section 1302 of this title, and enact- ing provisions set out as a note under section 1302 of this title] may be cited as the ‘Indian Alcohol and Sub- stance Abuse Prevention and Treatment Act of 1986’.’’ RULE OF CONSTRUCTION FOR PUB. L. 100–690 Pub. L. 100–690, title II, § 2219, Nov. 18, 1988, 102 Stat. 4222, provided that: ‘‘Except as otherwise provided in this Act or the amendments made by this Act [see Ta- bles for classification], nothing in this Act or the amendments made by this Act shall be construed to af- fect the obligation of the United States to any Indian or Indian tribe arising out of any treaty, statute, Exec- utive order, or the trust responsibility of the United States owing to such Indian or Indian tribe. Nothing in this section shall exempt any individual Indian from the sanctions of ‘user accountability’ provided for else- where in this Act: Provided, That no individual Indian shall be denied any benefit under Federal Indian pro- grams comparable to those ‘means tested’ safety net programs otherwise excluded under this Act.’’ § 2402. Purpose It is the purpose of this chapter to— (1) authorize and develop a comprehensive, coordinated attack upon the illegal narcotics traffic in Indian country and the deleterious impact of alcohol and substance abuse upon Indian tribes and their members, (2) provide needed direction and guidance to those Federal agencies responsible for Indian programs to identify and focus existing pro- grams and resources, including those made available by this chapter, upon this problem, (3) provide authority and opportunities for Indian tribes to develop and implement a co- ordinated program for the prevention and treatment of alcohol and substance abuse at the local level, and (4) to 1 modify or supplement existing pro- grams and authorities in the areas of edu- cation, family and social services, law enforce- ment and judicial services, and health services to further the purposes of this chapter. (Pub. L. 99–570, title IV, § 4203, Oct. 27, 1986, 100 Stat. 3207–138.) § 2403. Definitions For purposes of this chapter— (1) The term ‘‘agency’’ means the local ad- ministrative entity of the Bureau of Indian Af- fairs serving one or more Indian tribes within a defined geographic area. (2) The term ‘‘youth’’ shall have the mean- ing given it in any particular Tribal Action Plan adopted pursuant to section 2411 of this title, except that, for purposes of statistical reporting under this chapter, it shall mean a person who is 19 years or younger or who is in attendance at a secondary school. (3) The term ‘‘Indian tribe’’ means any In- dian tribe, band, nation, or other organized group or community of Indians (including any Alaska Native village or regional or village corporation as defined in, or established pur- suant to, the Alaska Native Claims Settle- ment Act (43 U.S.C. 1601 et seq.)) which is rec- ognized as eligible for special programs and services provided by the United States to Indi- ans because of their status as Indians. (4) The term ‘‘prevention and treatment’’ in- cludes, as appropriate— (A) efforts to identify, and the identifica- tion of, Indians who are at risk with respect to, or who are abusers of, alcohol or con- trolled substances, (B) intervention into cases of on-going al- cohol and substance abuse to halt a further progression of such abuse, (C) prevention through education and the provision of alternative activities, (D) treatment for alcohol and substance abusers to help abstain from, and alleviate the effects of, abuse, (E) rehabilitation to provide on-going as- sistance, either on an inpatient or out- patient basis, to help Indians reform or ab- stain from alcohol or substance abuse, (F) follow-up or after-care to provide the appropriate counseling and assistance on an outpatient basis, and (G) referral to other sources of assistance or resources. (5) The term ‘‘service unit’’ means an admin- istrative entity within the Indian Health Serv- ice or a tribe or tribal organization operating health care programs or facilities with funds from the Indian Health Service under the In- dian Self-Determination Act [25 U.S.C. 5321 et seq.] through which the services are provided, directly or by contract, to the eligible Indian population within a defined geographic area. (6) The terms ‘‘Urban Indian’’, ‘‘Urban Cen- ter’’, and ‘‘Urban Indian Organization’’ shall have the same meaning as provided in section 1603 of this title. (Pub. L. 99–570, title IV, § 4204, Oct. 27, 1986, 100 Stat. 3207–138; Pub. L. 100–690, title II, § 2202, Nov. 18, 1988, 102 Stat. 4217.) Editorial Notes REFERENCES IN TEXT The Alaska Native Claims Settlement Act, referred to in par. (3), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. The Indian Self-Determination Act, referred to in par. (5), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. AMENDMENTS 1988—Par. (6). Pub. L. 100–690 added par. (6). Page 472 TITLE 25—INDIANS § 2411 1 See References in Text note below. SUBCHAPTER II—COORDINATION OF RESOURCES AND PROGRAMS § 2411. Inter-departmental Memorandum of Agreement (a) In general Not later than 1 year after July 29, 2010, the Secretary of the Interior, the Attorney General, and the Secretary of Health and Human Services shall develop and enter into a Memorandum of Agreement which shall, among other things— (1) determine and define the scope of the problem of alcohol and substance abuse for In- dian tribes and their members and its finan- cial and human costs, and specifically identify such problems affecting Indian youth, (2) identify— (A) the resources and programs of the Bu- reau of Indian Affairs, Office of Justice Pro- grams, Substance Abuse and Mental Health Services Administration, and Indian Health Service, and (B) other Federal, tribal, State and local, and private resources and programs, which would be relevant to a coordinated ef- fort to combat alcohol and substance abuse among Indian people, including those pro- grams and resources made available by this chapter, (3) develop and establish appropriate min- imum standards for each agency’s program re- sponsibilities under the Memorandum of Agreement which may be— (A) the existing Federal or State standards in effect, or (B) in the absence of such standards, new standards which will be developed and estab- lished in consultation with Indian tribes, (4) coordinate the Bureau of Indian Affairs, Department of Justice, Substance Abuse and Mental Health Services Administration, and Indian Health Service alcohol and substance abuse programs existing on October 27, 1986, with programs or efforts established by this chapter, (5) delineate the responsibilities of the Bu- reau of Indian Affairs, Department of Justice, Substance Abuse and Mental Health Services Administration, and the Indian Health Service to coordinate alcohol and substance abuse-re- lated services at the central, area, agency, and service unit levels, (6) direct Bureau of Indian Affairs agency and education superintendents, where appro- priate, and the Indian Health Service service unit directors to cooperate fully with tribal requests made pursuant to section 2412 of this title, and (7) provide for an annual review of such agreements by the Secretary of the Interior, the Attorney General, and the Secretary of Health and Human Services. (b) Character of activities To the extent that there are new activities un- dertaken pursuant to this chapter, those activi- ties shall supplement, not supplant, activities, programs, and local actions that are ongoing on October 27, 1986. Such activities shall be under- taken in the manner least disruptive to tribal control, in accordance with the Indian Self-De- termination and Education Assistance Act (25 U.S.C. 450 et seq.),1 and local control, in accord- ance with section 2010 1 of this title. (c) Consultation The Secretary of the Interior, the Attorney General, and the Secretary of Health and Human Services shall, in developing the Memorandum of Agreement under subsection (a), consult with and solicit the comments of— (1) interested Indian tribes, (2) Indian individuals, (3) Indian organizations, and (4) professionals in the treatment of alcohol and substance abuse. (d) Publication The Memorandum of Agreement under sub- section (a) shall be submitted to Congress and published in the Federal Register not later than 130 days after July 29, 2010. At the same time as publication in the Federal Register, the Sec- retary of the Interior shall provide a copy of this chapter and the Memorandum of Agreement under subsection (a) to each Indian tribe. (Pub. L. 99–570, title IV, § 4205, Oct. 27, 1986, 100 Stat. 3207–139; Pub. L. 111–211, title II, § 241(a)(1), July 29, 2010, 124 Stat. 2287.) Editorial Notes REFERENCES IN TEXT The Indian Self-Determination and Education Assist- ance Act (25 U.S.C. 450 et seq.), referred to in subsec. (b), 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. Section 2010 of this title, referred to in subsec. (b), was in the original a reference to section 1130 of the Education Amendments of 1978, Pub. L. 95–561. Section 1130 of Pub. L. 95–561 was omitted in the general amend- ment of chapter 22 (§ 2001 et seq.) of this title by Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 3979. Pub. L. 103–382 enacted a new section 1130 of Pub. L. 95–561, relating to uniform direct funding and support, which is classified to section 2010 of this title. Provi- sions relating to Indian control of Indian education are now contained in section 2011 of this title. AMENDMENTS 2010—Subsec. (a). Pub. L. 111–211, § 241(a)(1)(A)(i), in introductory provisions, substituted ‘‘Not later than 1 year after July 29, 2010’’ for ‘‘Not later than 120 days after October 27, 1986’’ and inserted ‘‘, the Attorney General,’’ after ‘‘Secretary of the Interior’’. Subsec. (a)(2)(A). Pub. L. 111–211, § 241(a)(1)(A)(ii), which directed insertion of ‘‘, Office of Justice Pro- grams, Substance Abuse and Mental Health Services Administration,’’ after ‘‘Bureau of Indian Affairs,’’, was executed by making the insertion after ‘‘Bureau of In- dian Affairs’’ to reflect the probable intent of Congress. Subsec. (a)(4), (5). Pub. L. 111–211, § 241(a)(1)(A)(iii), (iv), inserted ‘‘, Department of Justice, Substance Abuse and Mental Health Services Administration,’’ after ‘‘Bureau of Indian Affairs’’. Subsec. (a)(7). Pub. L. 111–211, § 241(a)(1)(A)(v), in- serted ‘‘, the Attorney General,’’ after ‘‘Secretary of the Interior’’.