[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2401]
TITLE 25--INDIANS
CHAPTER 26--INDIAN ALCOHOL AND SUBSTANCE ABUSE PREVENTION AND TREATMENT
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 2401. Congressional findings
The Congress finds and declares that--
(1) the Federal Government has a historical relationship and
unique legal and moral responsibility to Indian tribes and their
members,
(2) included in this responsibility is the treaty, statutory,
and historical obligation to assist the Indian tribes in meeting the
health and social needs of their members,
(3) alcoholism and alcohol and substance abuse is the most
severe health and social problem facing Indian tribes and people
today and nothing is more costly to Indian people than the
consequences of alcohol and substance abuse measured in physical,
mental, social, and economic terms,
(4) alcohol and substance abuse is the leading generic risk
factor among Indians, and Indians die from alcoholism at over 4
times the age-adjusted rates for the United States population and
alcohol and substance misuse results in a rate of years of potential
life lost nearly 5 times that of the United States,
(5) 4 of the top 10 causes of death among Indians are alcohol
and drug related injuries (18 percent of all deaths), chronic liver
disease and cirrhosis (5 percent), suicide (3 percent), and homicide
(3 percent),
(6) primarily because deaths from unintentional injuries and
violence occur disproportionately among young people, the age-
specific death rate for Indians is approximately double the United
States rate for the 15 to 45 age group,
(7) Indians between the ages of 15 and 24 years of age are more
than 2 times as likely to commit suicide as the general population
and approximately 80 percent of those suicides are alcohol-related,
(8) Indians between the ages of 15 and 24 years of age are twice
as likely as the general population to die in automobile accidents,
75 percent of which are alcohol-related,
(9) the Indian Health Service, which is charged with treatment
and rehabilitation efforts, has directed only 1 percent of its
budget for alcohol and substance abuse problems,
(10) the Bureau of Indian Affairs, which has responsibility for
programs in education, social services, law enforcement, and other
areas, has assumed little responsibility for coordinating its
various efforts to focus on the epidemic of alcohol and substance
abuse among Indian people,
(11) this lack of emphasis and priority continues despite the
fact that Bureau of Indian Affairs and Indian Health Service
officials publicly acknowledge that alcohol and substance abuse
among Indians is the most serious health and social problem facing
the Indian people, and
(12) the Indian tribes have the primary responsibility for
protecting and ensuring the well-being of their members and the
resources made available under this chapter will assist Indian
tribes in meeting that responsibility.
(Pub. L. 99-570, title IV, Sec. 4202, Oct. 27, 1986, 100 Stat. 3207-
137.)
References in Text
This chapter, referred to in par. (12), was in the original ``this
subtitle'', meaning subtitle C of title IV of Pub. L. 99-570, Oct. 27,
1986, 100 Stat. 3207-137, known as the Indian Alcohol and Substance
Abuse Prevention 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.
Short Title
Section 4201 of Pub. L. 99-570 provided that: ``This subtitle
[subtitle C (Secs. 4201-4230) of title IV of Pub. L. 99-570, enacting
this chapter, amending section 1302 of this title, and enacting
provisions set out as a note under section 1302 of this title] may be
cited as the `Indian Alcohol and Substance Abuse Prevention and
Treatment Act of 1986'.''
Rule of Construction for Pub. L. 100-690
Pub. L. 100-690, title II, Sec. 2219, Nov. 18, 1988, 102 Stat. 4222,
provided that: ``Except as otherwise provided in this Act or the
amendments made by this Act [see Tables for classification], nothing in
this Act or the amendments made by this Act shall be construed to affect
the obligation of the United States to any Indian or Indian tribe
arising out of any treaty, statute, Executive 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 elsewhere in this
Act: Provided, That no individ
