§ 2411. — Interdepartmental Memorandum of Agreement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2411]
TITLE 25--INDIANS
CHAPTER 26--INDIAN ALCOHOL AND SUBSTANCE ABUSE PREVENTION AND TREATMENT
SUBCHAPTER II--COORDINATION OF RESOURCES AND PROGRAMS
Sec. 2411. Inter-departmental Memorandum of Agreement
(a) In general
Not later than 120 days after October 27, 1986, the Secretary of the
Interior 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 and Indian Health Service, and
(B) other Federal, tribal, State and local, and private
resources and programs,
which would be relevant to a coordinated effort to combat alcohol
and substance abuse among Indian people, including those programs
and resources made available by this chapter,
(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 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 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 and the Secretary of Health and Human
Services.
(b) Character of activities
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.), and local control, in
accordance with section 2010 \1\ of this title.
---------------------------------------------------------------------------
\1\ See References in Text note below.
---------------------------------------------------------------------------
(c) Consultation
The Secretary of the Interior and the Secretary of Health and Human
Services shall, in developing the Memorandum of Agreement under
subsection (a) of this section, 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 subsection (a) of this section
shall be submitted to Congress and published in the Federal Register not
later than 130 days after October 27, 1986. 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) of this section to each Indian tribe.
(Pub. L. 99-570, title IV, Sec. 4205, Oct. 27, 1986, 100 Stat. 3207-
139.)
References in Text
The Indian Self-Determination and Education Assistance Act, referred
to in subsec. (b), is Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, as
amended, which is classified principally to subchapter II (Sec. 450 et
seq.) of chapter 14 of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 450 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 (Sec. 2001 et seq.) of this title by
Pub. L. 103-382, title III, Sec. 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.
Section Referred to in Other Sections
This section is referred to in sections 1665, 1665a, 2403, 2412,
2413, 2414a, 2431, 2433, 2441, 2452 of this title.
