25 U.S.C. § 2412
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.
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 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).
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).
1 So in original.
2 See References in Text note below.
25 U.S.C. § 2412
EDITORIAL NOTES
REFERENCES IN TEXTSection 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 (c)(1)(A)(iv), was repealed by Pub.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.
AMENDMENTS2010-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."
- Indian tribe
- The term "Indian tribe" means any Indian 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 pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)) which is recognized as eligible for special programs and services provided by the United States to Indians because of their status as Indians.
- agency
- The term "agency" means the local administrative entity of the Bureau of Indian Affairs serving one or more Indian tribes within a defined geographic area.
- prevention and treatment
- The term "prevention and treatment" includes, as appropriate-(A) efforts to identify, and the identification of, Indians who are at risk with respect to, or who are abusers of, alcohol or controlled substances,(B) intervention into cases of on-going alcohol 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 assistance, either on an inpatient or outpatient basis, to help Indians reform or abstain 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.
- service unit
- The term "service unit" means an administrative entity within the Indian Health Service or a tribe or tribal organization operating health care programs or facilities with funds from the Indian Health Service under the Indian 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.