Title 25IndiansRelease 119-73

§2411 Inter-departmental Memorandum of Agreement

Title 25 › Chapter CHAPTER 26— - INDIAN ALCOHOL AND SUBSTANCE ABUSE PREVENTION AND TREATMENT › Subchapter SUBCHAPTER II— - COORDINATION OF RESOURCES AND PROGRAMS › § 2411

Last updated Apr 6, 2026|Official source

Summary

Within one year after July 29, 2010, the Secretary of the Interior, the Attorney General, and the Secretary of Health and Human Services must make and sign a written agreement. The agreement must describe how big the alcohol and drug problem is for Indian tribes and members, including effects on youth and costs. It must list federal, tribal, state, local, and private programs and resources (including BIA, OJP, SAMHSA, and IHS). The agencies must set minimum standards for their work, using existing federal or state rules when they exist or making new rules with tribal input. The agreement must connect programs that existed on October 27, 1986, assign clear duties at central, area, agency, and service unit levels, require certain BIA and IHS leaders to cooperate with tribal requests under section 2412 when appropriate, and be reviewed every year by the three officials. New activities under this chapter must add to, not replace, programs active on October 27, 1986, and must avoid disrupting tribal or local control while following the Indian Self-Determination and Education Assistance Act and section 2010. While making the agreement, the three officials must talk with and get comments from interested tribes, Indian people, Indian organizations, and treatment professionals. The agreement must be sent to Congress and put in the Federal Register no later than 130 days after July 29, 2010, and the Secretary of the Interior must give every Indian tribe a copy of this chapter and the agreement at the same time.

Full Legal Text

Title 25, §2411

Indians — Source: USLM XML via OLRC

(a)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 Indian tribes and their members and its financial and human costs, and specifically identify such problems affecting Indian youth,
(2)identify—
(A)the resources and programs of the Bureau of Indian Affairs, Office of Justice Programs, Substance Abuse and Mental Health Services Administration, and Indian Health Service, and
(B)other Federal, tribal, State and local, and private resources and programs,
(3)develop and establish appropriate minimum standards for each agency’s program responsibilities 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 established 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 Bureau of Indian Affairs, Department of Justice, Substance Abuse and Mental Health Services Administration, and the Indian Health Service to coordinate alcohol and substance abuse-related services at the central, area, agency, and service unit levels,
(6)direct Bureau of Indian Affairs agency and education superintendents, where appropriate, 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)To the extent that there are new activities undertaken pursuant to this chapter, those activities shall supplement, not supplant, activities, programs, and local actions that are ongoing on October 27, 1986. Such activities shall be undertaken in the manner least disruptive to tribal control, in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.),11 See References in Text note below. and local control, in accordance with section 2010 1 of this title.
(c)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)The Memorandum of Agreement under subsection (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 Secretary of the Interior shall provide a copy of this chapter and the Memorandum of Agreement under subsection (a) to each Indian tribe.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Indian Self-Determination and Education Assistance 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 reclassification as chapter 46 (§ 5301 et seq.) 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. 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 amendment 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. Provisions 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 Programs, Substance Abuse and Mental Health Services Administration,” after “Bureau of Indian Affairs,”, was executed by making the insertion after “Bureau of Indian 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), inserted “, the Attorney General,” after “Secretary of the Interior”. Subsec. (c). Pub. L. 111–211, § 241(a)(1)(B), inserted “, the Attorney General,” after “Secretary of the Interior” in introductory provisions. Subsec. (d). Pub. L. 111–211, § 241(a)(1)(C), substituted “
July 29, 2010” for “
October 27, 1986”.

Reference

Citations & Metadata

Citation

25 U.S.C. § 2411

Title 25Indians

Last Updated

Apr 6, 2026

Release point: 119-73