§ 2412. Tribal Action Plans

Footnotes

1. 1 So in original.
2. 2 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 § 4206 · 100 Stat. 3207

   Enacted · 25 U.S.C. § 2412

   Pub. L. 99–570, title IV, § 4206, Oct. 27, 1986, 100 Stat. 3207–140

   Source evidence

   Code source credit
   Pub. L. 99–570, title IV, § 4206, Oct. 27, 1986, 100 Stat. 3207–140

   Enacted provision · exact public law section
   SEC. 4206. 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 subtitle, in an effort to combat alcohol and substance abuse among its members. Such resolution shall be the basis for the implementation of this subtitle and of the Memorandum of Agreement under section 4205. (b) Cooperation.— 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, 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 4205, shall enter into an agreement with the tribe for the implementation of the Tribal Action Plan under subsection (a). (c) Provisions.— (1) Any Tribal Action Plan entered into under subsection (b) 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 4228, and (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 4205(a)(5), 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, (2) the identification and coordination of available resources and programs relevant to a program of alcohol and substance abuse prevention and treatment, (3) the establishment and prioritization of goals and the efforts needed to meet those goals, and (4) the identification of the community and family roles in any of the efforts undertaken as part of the Tribal Action Plan. (d) Grants.— (1) The Secretary of the Interior may make grants to Indian tribes adopting a resolution pursuant to subsection (a) to provide technical assistance in the development of a Tribal Action Plan. The Secretary shall allocate funds based on need. (2) 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. (e) Federal Action.— 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 4205, 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 subtitle for such tribe. After such an agreement has been entered into for a tribe such tribe may adopt a resolution under subsection (a).

2. 1988

   Anti-Drug Abuse Act of 1988

   Pub. L. 100–690 § 2203 · 102 Stat. 4181

   Added · 25 U.S.C. § 2412(c)(2)(E)

   Pub. L. 100–690, § 2203, added subpar. (E)

   Source evidence

   Code amendment note
   Subsec. (c)(2)(E). Pub. L. 100–690, § 2203, added subpar. (E).

   Enacted provision · exact public law section
   SEC. 2203. AMENDMENT AND REVISION OF TRIBAL DEVELOPMENT PLAN. Paragraph (2) of section 4206(c) (25 U.S.C. 2412(c)) is amended— (1) by striking out “and” at the end of subparagraph (C); (2) by striking out the period at the end of subparagraph (D) and inserting in lieu thereof “, and”; and (3) by adding at the end thereof the following new subparagraph (E): “(E) the establishment of procedures for amendment and revision of the plan as may be determined necessary by the Tribal Coordinating Committee.”.

3. 1988

   Anti-Drug Abuse Act of 1988

   Pub. L. 100–690 § 2204 · 102 Stat. 4181

   Amended · 25 U.S.C. § 2412(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   SEC. 2204. AUTHORIZATION OF APPROPRIATIONS FOR GRANTS. Paragraph (2) of section 4206(d) (25 U.S.C. 2412(d)(2)) is amended to read as follows: “(2) 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.”.

4. 1992

   Indian Health Amendments of 1992

   Pub. L. 102–573 § 703(1)(A) · 106 Stat. 4526

   1. Redesignated · 25 U.S.C. § 2412(c)

      Pub. L. 102–573, § 703(1)(A), in par. (2), redesignated subpars. (2) to (4) as subpars. (B) to (D), respectively

   2. Added · 25 U.S.C. § 2412(c)

      Pub. L. 102–573, § 703(1)(A), in par. (2), added subpar. (F)

   3. Added · 25 U.S.C. § 2412(c)

      Pub. L. 102–573, § 703(1)(A), in par. (2), added par. (3)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (A) in subsection (c)— (i) in paragraph (2)— (I) by striking “(2) the” and inserting “(B) the”; (II) by striking “(3) the” and inserting “(C) the”; (III) by striking “(4) the” and inserting “(D) the”; (IV) in subparagraph (D) (as redesignated by subclause (III)), by striking “and” at the end; (v) in subparagraph (E), by striking the period at the end and inserting “, and”; and (VI) by adding at the end the following new subparagraph: “(F) an evaluation component to measure the success of efforts made.”; and (ii) by adding at the end the following new paragraph: “(3) All Tribal Action Plans shall be updated every 2 years.”; and

5. 1992

   Indian Health Amendments of 1992

   Pub. L. 102–573 § 703(1)(B) · 106 Stat. 4526

   Amended · 25 U.S.C. § 2412(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (B) in subsection (d), by amending paragraph (2) to read as follows: “(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.”; and

6. 1992

   Indian Health Amendments of 1992

   Pub. L. 102–573 § 703(1)(C) · 106 Stat. 4526

   Added · 25 U.S.C. § 2412(f)

   Pub. L. 102–573, § 703(1)(C), added subsec. (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 102–573, § 703(1)(C), added subsec. (f).

   Enacted provision · exact public law section
   (C) by adding at the end the following new subsection: “(f) (1) The Secretary of the Interior may make grants to Indian tribes adopting a resolution pursuant to subsection (a) 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.”;

7. 2010

   Tribal Law and Order Act of 2010

   Pub. L. 111–211 § 241(a)(2)(A) · 124 Stat. 2258

   Inserted · 25 U.S.C. § 2412(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (A) in subsection (b), in the first sentence, by inserting “, the Office of Justice Programs, the Substance Abuse and Mental Health Services Administration,” before “and the Indian Health Service service unit”;

8. 2010

   Tribal Law and Order Act of 2010

   Pub. L. 111–211 § 241(a)(2)(B) · 124 Stat. 2258

   Inserted · 25 U.S.C. § 2412(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (B) in subsection (c)(1)(A)(i), by inserting “, the Office of Justice Programs, the Substance Abuse and Mental Health Services Administration,” before “and the Indian Health Service service unit”;

9. 2010

   Tribal Law and Order Act of 2010

   Pub. L. 111–211 § 241(a)(2)(C) · 124 Stat. 2258

   Substituted · 25 U.S.C. § 2412(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (C) in subsection (d)(2), by striking “fiscal year 1993 and such sums as are necessary for each of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000” and inserting “the period of fiscal years 2011 through 2015”;

10. 2010

    Tribal Law and Order Act of 2010

    Pub. L. 111–211 § 241(a)(2)(D) · 124 Stat. 2258

    Inserted · 25 U.S.C. § 2412(e)

    Pub. L. 111–211, § 241(a)(2)(D), inserted “, the Attorney General,” after “the Secretary of the Interior”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 111–211, § 241(a)(2)(D), inserted “, the Attorney General,” after “the Secretary of the Interior”.

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

11. 2010

    Tribal Law and Order Act of 2010

    Pub. L. 111–211 § 241(a)(2)(E) · 124 Stat. 2258

    Substituted · 25 U.S.C. § 2412(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (E) in subsection (f)(3), by striking “fiscal year 1993 and such sums as are necessary for each of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000” and inserting “fiscal years 2011 through 2015”.

13 of 13 references resolved to an enrolled provision