§2412 — Title 25 Indians | U.S. Code

Summary

Indian tribes can choose to pass a resolution to create a Tribal Action Plan to coordinate programs and resources to fight alcohol and drug abuse among their members. If a tribe asks, the Bureau of Indian Affairs, education superintendents (when needed), the Office of Justice Programs, the Substance Abuse and Mental Health Services Administration, and the Indian Health Service must help the tribe write the plan and then sign an agreement to carry it out under the Memorandum of Agreement in section 2411. The plan must set up a Tribal Coordinating Committee led by a tribal representative as chair and including federal representatives or their designees. That committee must run the plan, review and evaluate it, make recommendations to the tribe, and arrange training for prevention and treatment staff. Plans must follow minimum standards: the federal or state rules in section 2411(a)(3), or tribal rules that are at least as strict. A plan may include an assessment of the problem, a list and coordination of resources and programs, goals and priorities, community and family roles, procedures to change the plan, and a way to measure success. All plans must be updated every 2 years. The Secretary of the Interior may give grants to help tribes develop plans, with funds based on need (up to $2,000,000 authorized for fiscal years 2011–2015). The Secretary may also give grants for community and school training and prevention programs, including fetal alcohol syndrome work; money can be used for youth jobs, recreation, culture, community awareness, and training (up to $5,000,000 authorized for fiscal years 2011–2015). If a tribe does not adopt a resolution within 90 days after the Memorandum of Agreement is published in the Federal Register, the Secretaries and the Attorney General must require BIA and the IHS service unit director serving that tribe to enter an agreement to identify and coordinate programs for that tribe; the tribe may still adopt a resolution later.

Title 25, §2412

Indians — Source: USLM XML via OLRC

(a)The governing body of any Indian tribe may, at its discretion, adopt a resolution for the establishment of a Tribal Action Plan to coordinate available resources and programs, including programs and resources made available by this chapter, in an effort to combat alcohol and substance abuse among its members. Such resolution shall be the basis for the implementation of this chapter and of the Memorandum of Agreement under section 2411 of this title.

(b)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,,11 So in original. the Office of Justice Programs, the Substance Abuse and Mental Health Services Administration, and the Indian Health Service service unit director providing services to such tribe shall cooperate with the tribe in the development of a Tribal Action Plan to coordinate resources and programs relevant to alcohol and substance abuse prevention and treatment. Upon the development 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 Action Plan under subsection (a).

(c)(1)Any Tribal Action Plan entered into under subsection (b) shall provide for—

(A)the establishment of a Tribal Coordinating Committee which shall—

(i)at a minimum, have as members a tribal representative who shall serve as Chairman and 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, or their representatives,

(ii)have primary responsibility for the implementation 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 training in the prevention and treatment of alcohol and substance abuse among Indians as provided under section 2475 22 See References in Text note below. of this title, and

(B)the incorporation of the minimum standards for those programs and services which it encompasses which shall be—

(i)the Federal or State standards as provided in section 2411(a)(3) of this title, or

(ii)applicable tribal standards, if such standards are no less stringent than the Federal or State standards.

(2)Any Tribal Action Plan may, among other things, provide for—

(A)an assessment of the scope of the problem of alcohol and substance abuse for the Indian 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 prevention 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 Coordinating 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)(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)If any Indian tribe does not adopt a resolution as provided in subsection (a) within 90 days after the publication of the Memorandum of Agreement in the Federal Register as provided in section 2411 of this title, the Secretary of the Interior, 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 Indian Health Service service unit director serving such tribe to enter into an agreement to identify and coordinate available programs and resources 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)(1)The Secretary of the Interior may make grants to Indian tribes adopting a resolution pursuant to subsection (a) to implement and develop community and in-school training, education, 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;

(B)youth recreation;

(C)youth cultural activities;

(D)community awareness programs; and

(E)community training and education programs.

(3)There are authorized to be appropriated to carry out the provisions of this subsection $5,000,000 for fiscal years 2011 through 2015.

Notes & Related Subsidiaries

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), inserted “, 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), inserted “, 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), substituted “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), substituted “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”. 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.”

§2412 Tribal Action Plans