Sec. 4205. INTER-DEPARTMENTAL MEMORANDUM OF AGREEMENT
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## SEC. 4205 INTER-DEPARTMENTAL MEMORANDUM OF AGREEMENT **[**[25 U.S.C. 2411](/us/usc/t25/s2411)**]** ###
(a)In General Not later than 1 year after the date of enactment of the Tribal Law and Order Act of 2010, the Secretary of the Interior, the Attorney General, 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, Office of Justice Programs, Substance Abuse and Mental Health Services Administration,4 and Indian Health Service, and 4The amendment made by section 241(a)(1)(A)(ii) of Public Law 111–211 was executed to reflect the probable intent of Congress. Such section provided for an amendment to insert “, Office of Justice Programs, Substance Abuse and Mental Health Services Administration,” after “Bureau of Indian Affairs,” but the comma following “Bureau of Indian Affairs” does not appear in law. #####
(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, Department of Justice, Substance Abuse and Mental Health Services Administration, 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, Department of Justice, Substance Abuse and Mental Health Services Administration, 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, the Attorney General, 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, the Attorney General, 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. ###
(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 the Tribal Law and Order Act of 2010. 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.
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- Pub. L. 111-211
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Sec. 4205
INTER-DEPARTMENTAL MEMORANDUM OF AGREEMENT
Pub. L.Pub. L. 111-211
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