§ 2412. — Tribal Action Plans.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2412]
TITLE 25--INDIANS
CHAPTER 26--INDIAN ALCOHOL AND SUBSTANCE ABUSE PREVENTION AND TREATMENT
SUBCHAPTER II--COORDINATION OF RESOURCES AND PROGRAMS
Sec. 2412. Tribal Action Plans
(a) In general
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) Cooperation
At the request of any Indian tribe pursuant to a resolution adopted
under subsection (a) of this section, the Bureau of Indian Affairs
agency and education superintendents, where appropriate, 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) of this section.
(c) Provisions
(1) Any Tribal Action Plan entered into under subsection (b) of this
section 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, 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 \1\ of this title, and
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\1\ See References in Text note below.
(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) Grants
(1) The Secretary of the Interior may make grants to Indian tribes
adopting a resolution pursuant to subsection (a) of this section 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 fiscal year 1993 and such sums
as are necessary for each of the fiscal years 1994, 1995, 1996, 1997,
1998, 1999, and 2000.
(e) Federal action
If any Indian tribe does not adopt a resolution as provided in
subsection (a) of this section 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 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) of this section.
(f) Grants for training, education, and prevention programs
(1) The Secretary of the Interior may make grants to Indian tribes
adopting a resolution pursuant to subsection (a) of this section 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 year 1993 and such
sums as are necessary for each of the fiscal years 1994, 1995, 1996,
1997, 1998, 1999, and 2000.
(Pub. L. 99-570, title IV, Sec. 4206, Oct. 27, 1986, 100 Stat. 3207-140;
Pub. L. 100-690, title II, Secs. 2203, 2204, Nov. 18, 1988, 102 Stat.
4217; Pub. L. 102-573, title VII, Sec. 703(1), Oct. 29, 1992, 106 Stat.
4582.)
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, Sec. 702(b)(2), Oct. 29,
1992, 106 Stat. 4582. See section 1665d of this title.
Amendments
1992--Subsec. (c). Pub. L. 102-573, Sec. 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, Sec. 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, Sec. 703(1)(C), added subsec. (f).
1988--Subsec. (c)(2)(E). Pub. L. 100-690, Sec. 2203, added subpar.
(E).
Subsec. (d)(2). Pub. L. 100-690, Sec. 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.''
Section Referred to in Other Sections
This section is referred to in sections 1665f, 2411, 2413, 2431,
2433 of this title.
