§ 2411. Inter-departmental Memorandum of Agreement

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1986

   Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986

   Pub. L. 99–570 title IV § 4205 · 100 Stat. 3207

   Enacted · 25 U.S.C. § 2411

   Pub. L. 99–570, title IV, § 4205, Oct. 27, 1986, 100 Stat. 3207–139

   Source evidence

   Code source credit
   Pub. L. 99–570, title IV, § 4205, Oct. 27, 1986, 100 Stat. 3207–139

   Enacted provision · exact public law section
   SEC. 4205. INTER-DEPARTMENTAL MEMORANDUM OF AGREEMENT. (a) In General.— Not later than 120 days after the date of enactment of this subtitle, 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 subtitle. (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 the date of the enactment of this subtitle with programs or efforts established by this subtitle, (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 4206, 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 subtitle, those activities shall supplement, not supplant, activities, programs, and local actions that are ongoing on the date of the enactment of this subtitle. 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 1130 of the Education Amendments of 1978 (25 U.S.C. 2010). (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), 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. Federal Register, publication. (d) Publication.— The Memorandum of Agreement under subsection (a) shall be submitted to Congress and published in the Federal Register not later than 130 days after the date of enactment of this subtitle. At the same time as publication in the Federal Register, the Secretary of the Interior shall provide a copy of this subtitle and the Memorandum of Agreement under subsection (a) to each Indian tribe.

2. 2010

   Tribal Law and Order Act of 2010

   Pub. L. 111–211 § 241(a)(1)(A)(i) · 124 Stat. 2258

   1. Substituted · 25 U.S.C. § 2411(a)

      Pub. L. 111–211, § 241(a)(1)(A)(i), in introductory provisions, substituted “Not later than 1 year after July 29, 2010” for “Not later than 120 days after October 27, 1986”

   2. Inserted · 25 U.S.C. § 2411(a)

      Pub. L. 111–211, § 241(a)(1)(A)(i), in introductory provisions, inserted “, the Attorney General,” after “Secretary of the Interior”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 111–211, § 241(a)(1)(A)(i), in introductory provisions, substituted “Not later than 1 year after July 29, 2010” for “Not later than 120 days after October 27, 1986” and inserted “, the Attorney General,” after “Secretary of the Interior”.

   Enacted provision · exact public law section
   (i) in the matter preceding paragraph (1)— (I) by striking “Not later than 120 days after the date of enactment of this subtitle” and inserting Deadline. “Not later than 1 year after the date of enactment of the Tribal Law and Order Act of 2010”; and (II) by inserting “, the Attorney General,” after “Secretary of the Interior”;

3. 2010

   Tribal Law and Order Act of 2010

   Pub. L. 111–211 § 241(a)(1)(A)(ii) · 124 Stat. 2258

   Changed · 25 U.S.C. § 2411(a)(2)(A)

   Pub. L. 111–211, § 241(a)(1)(A)(ii), which directed insertion of “, Office of Justice Programs, Substance Abuse and Mental Health Services Administration,” after “Bureau of Indian Affairs,”, was executed by making the insertion after “Bureau of Indian Affairs” to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Subsec. (a)(2)(A). Pub. L. 111–211, § 241(a)(1)(A)(ii), which directed insertion of “, Office of Justice Programs, Substance Abuse and Mental Health Services Administration,” after “Bureau of Indian Affairs,”, was executed by making the insertion after “Bureau of Indian Affairs” to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (ii) in paragraph (2)(A), by inserting “, Office of Justice Programs, Substance Abuse and Mental Health Services Administration,” after “Bureau of Indian Affairs,”;

4. 2010

   Tribal Law and Order Act of 2010

   Pub. L. 111–211 § 241(a)(1)(A)(iii) · 124 Stat. 2258

   Inserted · 25 U.S.C. § 2411(a)(4); 25 U.S.C. § 2411(a)(5)

   Pub. L. 111–211, § 241(a)(1)(A)(iii), (iv), inserted “, Department of Justice, Substance Abuse and Mental Health Services Administration,” after “Bureau of Indian Affairs”

   Source evidence

   Code amendment note
   Subsec. (a)(4), (5). Pub. L. 111–211, § 241(a)(1)(A)(iii), (iv), inserted “, Department of Justice, Substance Abuse and Mental Health Services Administration,” after “Bureau of Indian Affairs”.

   Enacted provision · exact public law section
   (iii) in paragraph (4), by inserting “, Department of Justice, Substance Abuse and Mental Health Services Administration,” after “Bureau of Indian Affairs”;

5. 2010

   Tribal Law and Order Act of 2010

   Pub. L. 111–211 § 241(a)(1)(A)(v) · 124 Stat. 2258

   Inserted · 25 U.S.C. § 2411(a)(7)

   Pub. L. 111–211, § 241(a)(1)(A)(v), inserted “, the Attorney General,” after “Secretary of the Interior”

   Source evidence

   Code amendment note
   Subsec. (a)(7). Pub. L. 111–211, § 241(a)(1)(A)(v), inserted “, the Attorney General,” after “Secretary of the Interior”.

   Enacted provision · exact public law section
   (v) in paragraph (7), by inserting “, the Attorney General,” after “Secretary of the Interior”;

6. 2010

   Tribal Law and Order Act of 2010

   Pub. L. 111–211 § 241(a)(1)(B) · 124 Stat. 2258

   Inserted · 25 U.S.C. § 2411(c)

   Pub. L. 111–211, § 241(a)(1)(B), inserted “, the Attorney General,” after “Secretary of the Interior” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 111–211, § 241(a)(1)(B), inserted “, the Attorney General,” after “Secretary of the Interior” in introductory provisions.

   Enacted provision · exact public law section
   (B) in subsection (c), by inserting “, the Attorney General,” after “Secretary of the Interior”; and

7. 2010

   Tribal Law and Order Act of 2010

   Pub. L. 111–211 § 241(a)(1)(C) · 124 Stat. 2258

   Substituted · 25 U.S.C. § 2411(d)

   Pub. L. 111–211, § 241(a)(1)(C), substituted “July 29, 2010” for “October 27, 1986”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 111–211, § 241(a)(1)(C), substituted “July 29, 2010” for “October 27, 1986”.

   Enacted provision · exact public law section
   (C) in subsection (d), by striking “the date of enactment of this subtitle” and inserting “the date of enactment of the Tribal Law and Order Act of 2010”.

8 of 8 references resolved to an enrolled provision