[Federal Register Volume 76, Number 151 (Friday, August 5, 2011)]
[Notices]
[Pages 47597-47604]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19816]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Substance Abuse and Mental Health Services Administration


Indian Alcohol and Substance Abuse Memorandum of Agreement 
Between U.S. Department of Health and Human Services (DHHS), U.S. 
Department of the Interior (DOI), and U.S. Department of Justice (DOJ)

AGENCY: Substance Abuse and Mental Health Services Administration 
(SAMHSA), HHS.

ACTION: Memorandum of Agreement (MOA).

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SUMMARY: This serves as notice that the Department of Health and Human 
Services (DHHS), the Department of the Interior (DOI), and the 
Department of Justice (DOJ), have entered into a Memorandum of 
Agreement (MOA), pursuant to the Indian Alcohol and Substance Abuse 
Treatment Act of 1986 (the Act), as amended by the Tribal Law and Order 
Act of 2010 (TLOA).

DATES: This is effective on July 29, 2011.

FOR FURTHER INFORMATION CONTACT: Dennis O. Romero, MA, Director 
(Acting), Office of Indian Alcohol and Substance Abuse, Center for 
Substance Abuse Prevention, Substance Abuse and Mental Health Services 
Administration (SAMHSA), U.S. Department of Health and Human Services 
(DHHS), 1 Choke Cherry Road, Room 7-1111, Rockville, MD 20857, Phone: 
240-276-2495, Fax: 240-276-1120, E-mail: dennis.romero@samhsa.hhs.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    DHHS, DOI, and DOJ have entered into a MOA pursuant to the Act, 
Title IV, Subtitle C of Public Law 99-570 (25 U.S.C. 2401 et seq.), as 
amended by TLOA, Title II of Public Law 111-211. The MOA is being 
published in the Federal Register in accordance with specific 
provisions of the Act, codified at 25 U.S.C. 2411.
    The Secretaries of DOI and DHHS executed the original MOA 
(published at 52 FR 9709 (Mar. 26, 1987)) pursuant to the 1986-enacted 
version of the Act. Subsequent updates to that original MOA were 
executed as between DOI's Bureau of Indian Affairs (BIA) and DHHS' 
Indian Health Service (IHS). Section 241 of TLOA amended the Act by, 
among other things, incorporating a coordinating role for DHHS' 
Substance Abuse and Mental Health Services Administration (SAMHSA), and 
also by adding DOJ to the pre-existing Federal partnership (between DOI 
and DHHS) on Indian alcohol and substance abuse issues.
    The present MOA--developed in accordance with the TLOA amendments 
to the Act--commits the Departments to, among other things, align and 
coordinate Federal efforts and resources to determine the scope of the 
alcohol and substance abuse problems faced by American Indians and 
Alaska Natives, identify the resources and programs of each Federal 
department that would be relevant to a coordinated effort to combat 
alcohol and substance abuse among American Indians and Alaska Natives, 
and coordinate existing Federal department programs with those 
established under the Act.
    Upon publication of the MOA in the Federal Register, the Office of 
Indian Alcohol and Substance Abuse within the DHHS' Center for 
Substance Abuse Prevention, working in conjunction with the DOI's BIA, 
shall provide a copy of the MOA to each federally recognized Indian 
tribe.
    Development of the MOA. As required by the Act codified at 25 
U.S.C. 2411(c), DHHS, DOI, and DOJ (collectively, the ``MOA partners'') 
were to ``consult with and solicit the comments of'' American Indian 
and Alaska Native individuals, organizations, tribes, and villages, as 
well as alcohol and substance abuse treatment professionals in 
developing an MOA. The MOA partners gathered and reviewed consultation 
feedback from TLOA consultations, beginning with a consultation 
sponsored by DOI in October, 2010. The partners also sought additional 
input--including through the dissemination of an MOA draft--during a 
period lasting from the fall of 2010 through the spring and early 
summer of 2011.
    A draft of the MOA was distributed to tribes for discussion and 
comment during the TLOA consultation at the Interdepartmental Tribal 
Justice, Safety and Wellness Session 12 in Palm Springs, California. On 
December 8, 2010, the draft MOA was published via multiple Web sites 
for a comment period lasting through January 14, 2011. These Web sites 
included the Web sites of the National Indian Health Board, the 
National Congress of American Indians, the National Council of Urban 
Indian Health, and the Native American Center of Excellence. During the 
same week of December 2010, SAMHSA distributed the draft MOA to all 
federally-recognized tribes to solicit comments. An MOA Workgroup 
composed of Federal MOA partner representatives was organized and, 
charged with the development and drafting of the MOA, solicited 
comments from Federal subject matter experts from across the Federal 
Government during March and April of 2011. Comments were received from 
a number of interested parties: Indian tribes, individuals, and 
organizations, United States Attorneys serving multiple jurisdictions, 
and Federal subject matter experts working in areas involving substance 
abuse and mental health, health care, juvenile justice, crime victim 
assistance, and social services and other supports for children and 
families. These comments were carefully reviewed, analyzed, and 
considered in the development of the MOA.
    Some commenters expressed support for the MOA concept, but had 
general comments regarding the process for its development, or its 
content. More than one commenter expressed general satisfaction with 
the content of the MOA draft circulated, but also offered comments on 
other aspects of Federal/tribal coordination on Indian alcohol and 
substance abuse initiatives and other programs focused on children and 
families. Other commenters made specific suggestions for content and 
structure of the MOA. A general discussion of comments received and how 
issues raised are addressed, including through changes made to the MOA, 
follows below.
    Tribal Action Plans. Commenters focused with some frequency on the 
Tribal Action Plan (TAP) and TAP-related provisions in the MOA. 
Multiple comments in this regard focused on the MOA language derived 
from 25 U.S.C. 2412(e) of the Act, which states, in relevant part, 
that, for ``any Indian tribe'' that has not elected to adopt a tribal 
resolution to establish a TAP ``within 90 days after [the MOA's 
publication] in the Federal Register'' the Federal Government must 
initiate action to assist such tribe by ``identify[ing] and 
coordinat[ing] available programs and resources in support of tribal 
alcohol and substance abuse programs and initiatives. Comments from 
tribes expressed concerns that Federal versus tribal accountabilities 
regarding the TAPs were unclear and that there needed to be more 
information about plans for implementation--and associated Federal 
resources--in this area. Related to this issue of what the Federal role 
and accountability would be in the

[[Page 47598]]

event that a tribe had not elected to adopt a resolution within the 90-
day window were questions about the impact of this provision on tribal 
sovereignty. With respect to the tribal resolution requirement, one 
tribe recommended that other formal means of tribal action, in lieu of 
tribal resolutions, should also be accepted, given variations in tribal 
governance structures. Other comments expressed concern about whether 
and how TAPs would be used, noting that the TAP concept was not new to 
the TLOA-amended version of the Act.
    It is important to note here that a separate Federal workgroup (a 
TAP Workgroup) has been engaged for the better part of the year 
following TLOA's enactment (on July 29, 2010) in developing and 
updating guidelines designed to provide technical assistance to tribes 
in the process of TAP development and implementation. The TAP 
Workgroup, part of a larger Interdepartmental Coordinating Committee 
described in the MOA and the Attachment to the MOA below, will publish 
these informational guidelines to assist tribes following shortly upon 
the publication of this MOA. Input received relative to TAPs during the 
MOA development process will also be informative for this process as it 
unfolds. It is expected that a final TAP guidelines document will be 
released and available for use by tribes by the end of calendar year 
2011. Further information and details regarding Federal department 
activities relating to TAPs may be obtained by contacting Dr. Rose 
Weahkee, Director, Behavioral Health Division, IHS, at 
Rose.Weahkee@ihs.gov, or by calling (301) 443-2038.
    Generally speaking, with regard to questions relating to the 
allocation of responsibilities and accountabilities as between tribes 
and the Federal Government, and to tribal sovereignty, the Act makes 
clear that ``primary responsibility for protecting and ensuring the 
well-being of [tribal] members'' rests with the tribes and that 
``resources made available under [the Act are to] assist Indian tribes 
in meeting that responsibility.'' 25 U.S.C. 2401(12). The MOA partners, 
as among themselves, ``bear equal responsibility for the implementation 
of [the Act] in cooperation with Indian tribes.'' 25 U.S.C. 2413(a). In 
keeping with these principles, the TAP provisions of the Act are 
written so as to suggest that the choice of whether or not a tribe will 
implement a TAP to aid the tribe in addressing alcohol and substance 
abuse concerns impacting its members rests solely with the tribe in its 
discretion whether to adopt a resolution to establish a TAP. See 25 
U.S.C. 2412(a). The Act, however, requires the Federal Government to 
work collaboratively to provide its support and cooperation in the TAP 
process by assisting in the coordination of available programs and 
resources that may serve to advance tribes' alcohol and substance abuse 
programming efforts--even in the absence of a formal resolution to 
establish a TAP--and by participating on Tribal Coordinating Committees 
established by a tribe as part of any tribally-established TAP. 25 
U.S.C. 2412.
    Comments on MOA Structure and Development. Multiple comments from 
tribes and tribal organizations focused on the need for transparency 
and a greater tribal leadership role with respect to the development of 
Federal program initiatives impacting tribes, such as through 
strengthened partnerships with tribes and participation of tribes in 
the development of the MOA. One tribe's comments contained a specific 
recommendation for a ``Tribal Advisory Group'' to be established to 
coordinate with the Federal Government in developing and implementing 
specific functions outlined in the MOA, including through involvement 
with Interdepartmental Coordinating Committee (i.e., Workgroup) 
activities.
    As discussed above, the MOA was developed with significant input 
from tribes, tribal organizations, and other interested parties. Though 
the MOA is being executed among the Federal departments specified in 
the Act in order to provide for better coordination of Federal efforts 
across the departments, the MOA specifies multiple areas of planned 
coordination and consultation with tribes that would precede 
implementation of new programs or adjustments to existing programs, 
wherever appropriate, and consistent with applicable law. The MOA 
provides for consistent information sharing between MOA partners and 
tribes, such as through the newsletter described at 25 U.S.C. 2416 and 
other appropriate public information venues. Consistent with E.O. 13175 
and associated Federal guidance, the MOA partners, under MOA Section 
XI, ``Tribal Consultation,'' have agreed to coordinate consultation 
activities to help ensure regular and meaningful consultation and 
collaboration with tribes. Moreover, under the provisions of the Act at 
25 U.S.C. 2413, SAMHSA's Office of Indian Alcohol and Substance Abuse 
is established, among other responsibilities, to serve as a point of 
contact for tribes implementing TAPs and Tribal Coordinating Committees 
and other programs and activities described in the Act. The MOA 
includes a provision for annual review; these various consultation, 
feedback, and input points will provide multiple opportunities for 
tribes and Federal departments to engage and collaborate in program 
development and improvement.
    Also, some tribal commenters recommended that the Federal 
Government take a greater role, including by outlining such a role in 
the MOA, in supporting tribes in their efforts to encourage State and 
local governments to engage in more frequent and more effective 
partnering activities with tribes, especially on law enforcement and 
criminal justice and social welfare initiatives with cross-
jurisdictional implications. The MOA addresses this concern in multiple 
sections--specifically, with regard to activities relating to the 
identification of the scope of the problem, the identification of 
programs and existing standards, and the assessment of available 
program resources, as examples--and calls for coordination with non-
Federal partners, including State and local partners, to support the 
achievement of the goals of the Act as implemented under the MOA.
    Additional Comments on MOA Content. Multiple tribal commenters (and 
some Federal subject matter experts) mentioned the need to emphasize 
the scope of the harmful impact of alcohol and substance abuse on 
American Indian and Alaska Native individuals and families and the need 
for holistic approaches to address these issues. In response to these 
comments, the MOA draft was restructured and revised--as reflected in 
the final MOA shown below--to lead with a more comprehensive 
description and discussion of these concerns and their great 
significance to the development and implementation of tribal programs 
and activities.
    Other comments, received from United States Attorneys, raised a 
number of additional issues of vital interest with regard to Indian 
alcohol and substance abuse-related concerns. One commenter, 
referencing the juvenile detention centers MOA provision tied to 25 
U.S.C. 2453, strongly recommended that the long-term plan for detention 
and alternatives to detention for juveniles should include some 
treatment of the absence of ``half-way house'' type facilities in 
Indian country that support juveniles recovering from alcohol and 
substance abuse in detention or treatment facilities

[[Page 47599]]

who are transitioning back to their home communities, tribes, and 
villages. The MOA Workgroup provided this comment to a separate multi-
Federal department working group, involving DOI, DOJ, DHHS, and other 
Federal departments (including the Department of Education and the 
Department of Housing and Urban Development), so that it could be given 
full consideration in the development of the final long-term plan, 
which is being developed pursuant to 25 U.S.C. 2453.
    Finally, another United States Attorney urged that careful 
consideration in the development and implementation of the MOA should 
be given to the impact of certain provisions on States with concurrent 
jurisdiction (such as Public Law 280 States) over certain crimes and 
offenses in Indian country. Among the concerns expressed were that the 
law enforcement and judicial training provisions tied to 25 U.S.C. 2451 
could be misinterpreted as requiring that ``all Tribal police officers 
[be trained by BIA]'' thus imposing additional administrative and cost 
burdens on these officers to obtain additional certification (in 
addition to State-based certification)--which could result in 
additional time spent away from tribal policing activities. Though the 
commenter's apprehension with regard to the potential negative 
implications in the event that the underlying statutory provision is 
misread may be understandable, no changes were made to the MOA in 
response to this particular comment. This statutory provision makes 
clear that what is required is that the Secretary of the Interior 
``shall ensure * * * that all [BIA] and tribal law enforcement and 
judicial personnel have access to [specified types] of training[,]'' 
and not that tribal law enforcement are required to obtain such 
training only from and through DOI. 25 U.S.C. 2451(a)(1). (emphasis 
added). In addition, the same commenter expressed concern that the 
child abuse and neglect data provision in the MOA, tied to 25 U.S.C. 
2434, did not appear to provide a mechanism for a State to report its 
tribal cases, which may lead to underreporting of the prevalence of 
such events. The commenter also expressed general concern that States 
should be included in discussions and coordination on these issues to 
help ensure an adequate reflection of States' involvement in these 
matters. As efforts to collect and update these data consistent with 
the Act and as described in the MOA get underway, such concerns will be 
given careful and deliberate consideration in the planning and 
implementation of these efforts. In addition, this commenter addressed 
the model juvenile code provision--tied to 25 U.S.C. 2454--in the MOA 
by cautioning that any model juvenile code, prior to its codification, 
must be carefully crafted so as not to create unanticipated problems in 
the administration of State laws in those States that handle tribal 
juveniles in State juvenile systems. As with the previous comment on 
child abuse and neglect data, no change was made to the MOA itself in 
light of this comment; however, input such as this will be of great 
value as Federal efforts to develop and update any model juvenile code 
move forward.

Janine Denis Cook,
Chemist, Division of Workplace Programs.

II. Memorandum of Agreement

INDIAN ALCOHOL AND SUBSTANCE ABUSE MEMORANDUM OF AGREEMENT BETWEEN U. 
S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF THE 
INTERIOR, AND U. S. DEPARTMENT OF JUSTICE

I. Purpose and Parties
    Alcoholism, addiction, and alcohol and substance abuse are among 
the most severe public health and safety problems facing American 
Indian and Alaska Native individuals, families, and communities, 
resulting in devastating social, economic, physical, mental and 
spiritual consequences. American Indians and Alaska Natives suffer 
disproportionately from substance abuse disorder compared with other 
racial groups in the United States. In a 2010 report from the National 
Survey on Drug Use and Health (NSDUH), the rates of past month binge 
alcohol use and illicit drug use were higher among American Indian or 
Alaska Native adults compared to national averages (30.6 vs. 24.5 
percent and 11.2 vs. 7.9 percent, respectively) and the percentage of 
American Indian or Alaska Native adults who needed treatment for an 
alcohol or illicit drug use problem in the past year was higher than 
the national average for adults (18.0 vs. 9.6 percent).\1\
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    \1\ Substance Abuse and Mental Health Services Administration, 
Office of Applied Studies (June 24, 2010). The NSDUH Report: 
Substance Use among American Indian or Alaska Native Adults, 
Rockville, MD.
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    The Department of Health and Human Services (DHHS), Department of 
the Interior (DOI), and the Department of Justice (DOJ) have multiple 
programs, including prevention and treatment programs, that respond to 
the consequences of alcoholism, addiction, and alcohol and substance 
abuse, and its impact on public health and safety (e.g., education, 
social services, justice services, law enforcement, mental health, 
acute and chronic medical care services). However, there is a need to 
align, leverage and coordinate federal efforts and resources at 
multiple levels within each department to effectuate comprehensive 
alcohol and substance abuse services and programs for American Indian 
and Alaska Native individuals, families, and communities.
    Pursuant to the Indian Alcohol and Substance Abuse Prevention and 
Treatment Act of 1986 (Title IV, Subtitle C of Public Law 99-570) (the 
Act), DHHS and DOI entered into a Memorandum of Agreement (MOA) to 
develop and implement a coordinated program for the prevention and 
treatment of alcohol and substance abuse at the local level. Through 
the Tribal Law and Order Act of 2010 (Title II of Public Law 111-211) 
(TLOA) amendments to the Act, Congress sought to engage new federal 
partners to build upon those efforts. Pursuant to the TLOA amendments 
to the Act, the Secretary of Health and Human Services, the Secretary 
of the Interior, and the Attorney General, are to develop and enter 
into a MOA to, among other things:

    1. Determine the scope of the alcohol and substance abuse problems 
faced by Indian tribes, as defined at 25 U.S.C. Sec.  2403(3);
    2. Identify the resources and programs of each department that 
would be relevant to a coordinated effort to combat alcohol and 
substance abuse among American Indians and Alaska Natives; and
    3. Coordinate certain existing department programs with those 
established under the Act.
    The purpose of this MOA is to establish a framework for 
collaboration in the implementation of the Act, that results in the 
coordination of resources and programs of DHHS' Substance Abuse and 
Mental Health Services Administration (SAMHSA) and the Indian Health 
Service (IHS), DOI's Bureau of Indian Affairs (BIA) and Bureau of 
Indian Education (BIE), and DOJ, to assist American Indian and Alaska 
Native communities in achieving their goals in the prevention, 
intervention, and treatment of alcohol and substance abuse. A wide 
variety of federal programs and activities exist that can support and 
supplement the efforts of these communities to address alcohol and 
substance abuse issues affecting their peoples; relevant programs and 
activities are currently underway across

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the various components of the MOA partner departments--and elsewhere in 
the federal government, such as in the Department of Education and the 
Department of Housing and Urban Development. As a core effort of this 
collaboration, the federal partners will develop and maintain a 
sustainable partnership infrastructure that enables these various 
resources to be more fully engaged and coordinated to offer a truly 
holistic approach in support of tribal alcohol and substance abuse 
efforts to address alcohol and substance abuse by American Indians and 
Alaska Natives.
II. Authorities
    Authorities for this MOA include, the Snyder Act (25 U.S.C. Sec.  
13), the Indian Self-Determination and Education Assistance Act (25 
U.S.C. Sec.  450, et seq.), and the Act, as amended by TLOA (25 U.S.C. 
Sec.  2401, et seq.).
III. Policy
    As required by the Act, it is the policy of DHHS, DOI, and DOJ that 
all activities undertaken pursuant to the Act will be done in a manner 
that is least disruptive to tribal control, in accordance with the 
Indian Self-Determination and Education Assistance Act. DHHS, DOI, and 
DOJ, through each department's respective components, shall coordinate 
existing alcohol and substance abuse programs and resources. All new 
activities undertaken pursuant to the Act, as amended by TLOA, shall 
supplement, not supplant, ongoing activities and programs. The 
Secretary of Health and Human Services, the Secretary of the Interior, 
and the Attorney General, acting through these respective department's 
components, as appropriate, shall bear equal responsibility for the 
implementation of the Act in cooperation with Indian tribes, who have 
the primary responsibility for protecting and ensuring the wellbeing of 
their members and for the coordination of resources made available 
under this MOA through implementation of Tribal Action Plans (TAPs).
IV. Organization Responsibilities
    DHHS, DOI, and DOJ, through these department's respective 
components, are responsible for ensuring compliance, monitoring of 
performance, subsequent evaluation and follow-up activities for this 
MOA. Each department will determine which officials and offices within 
that department will be responsible for implementing the provisions of 
this MOA, including which officials and offices will be charged with 
coordinating resources and programs and providing technical assistance 
at the regional and local levels, as appropriate.
    The Office of Indian Alcohol and Substance Abuse (OIASA), 
established within SAMHSA pursuant to the Act, is charged with, among 
other things, improving coordination among the federal agencies and 
departments in carrying out the responsibilities delineated in the Act. 
(25 U.S.C. Sec.  2413(b)). SAMHSA, acting through its OIASA, will 
initiate the development, in coordination and consultation with tribal 
governments, of a framework for inter-agency and tribal coordination, 
in accordance with 25 U.S.C. Sec.  2413. This framework, which will be 
developed by July 29, 2011, will be designed to provide for ongoing 
process and performance review and improvement of the coordination 
among federal partners, and between federal partners and tribes, with 
regard to Indian alcohol and substance abuse programming. In addition, 
the framework will provide--among other beneficial tools--resource and 
information-sharing guidelines, technical assistance to facilitate 
federal partner communication and coordination of program initiatives, 
and assessments of the feasibility and cost-effectiveness of department 
collaborative efforts.
    OIASA will use its expertise in the prevention and treatment of 
alcohol and substance abuse to inform MOA partner departments, Indian 
tribes, and other interested parties and stakeholders about 
coordination of activities undertaken pursuant to 25 U.S.C. Sec.  2413. 
OIASA will coordinate with the MOA partner departments to provide the 
most effective, accessible, culturally-adaptive, medically-sound, and 
evidence-based services to address the causes, correlates, and effects 
of alcohol and substance abuse affecting American Indian and Alaska 
Native communities.
    OIASA will coordinate with the departments participating under this 
MOA to monitor the performance and compliance of the relevant federal 
programs in achieving the goals and purposes of the Act, and this MOA, 
and will serve as a point of contact for Indian tribes and Tribal 
Coordinating Committees as described at 25 U.S.C. Sec.  2413.
    With regard to Area-/Regional-level coordination and 
implementation, a joint Area/Regional-level work plan will be developed 
and updated, as appropriate, by IHS/BIA and appropriate components, to 
identify specific organizational challenges, resources, and programs 
within that jurisdiction.
    If any Indian tribe does not adopt a resolution for the 
establishment of a TAP as provided in 25 U.S.C. Sec.  2412(a) within 90 
days after the publication of this MOA in the Federal Register, 
appropriate officials from BIA, where appropriate, and IHS who serve 
such tribe, shall enter into an agreement to identify and coordinate 
available alcohol and substance abuse prevention and treatment programs 
and resources for such tribe.
Responsibilities include:
    1. Scope of problem: DHHS, DOI, and DOJ, as facilitated by the 
Interdepartmental Coordinating Committee (see Section VII below), will 
coordinate with tribes and other non-federal partners to determine the 
scope of the ongoing problem of alcohol and substance abuse for Indian 
tribes, their members, and those eligible for the programs and services 
of IHS who are directly or indirectly affected by alcohol and substance 
abuse.
    2. Identification of programs: SAMHSA, through OIASA, will take the 
lead role, in collaboration with IHS, BIA, and DOJ, in compiling a 
listing of national, state, tribal, and local alcohol and substance 
abuse programs and resources.
    3. Minimum program standards: DHHS, DOI, and DOJ, in consultation 
with Indian tribes, will develop and establish minimum program 
standards, as appropriate, for alcohol and substance abuse prevention, 
intervention, and treatment. These standards may be based upon existing 
federal, state, or tribal standards currently in effect. OIASA will, 
where appropriate, facilitate the provision of any necessary technical 
assistance to develop such standards. The Interdepartmental 
Coordinating Committee will provide a forum for the overall 
coordination of efforts to assist each MOA partner in the 
identification of common standards for similar programs and activities 
to facilitate incorporation of those standards into departmental 
programs.
    4. Assessment of resources: DHHS, DOI, and DOJ, via the 
Interdepartmental Coordinating Committee, will coordinate with tribes 
and other non-federal partners to develop a methodology to estimate the 
funding necessary for prevention, intervention, treatment, and recovery 
of Indians affected by alcohol and substance abuse.
    5. TAP development: BIA Agency Superintendents, BIE Education Line 
Officers, IHS Chief Executive Officers (CEOs), and Office of Justice 
Programs (OJP) and SAMHSA agency representatives are directed to 
cooperate

[[Page 47601]]

fully with tribal requests pursuant to 25 U.S.C. Sec.  2412 to assist 
in the development of a TAP. Once that plan has been developed, the BIA 
Agency Superintendents, BIE Education Line Officers, and IHS CEOs shall 
proceed to enter into an agreement with the tribe for the 
implementation of that TAP within funding constraints and program 
regulations.
    6. Newsletter: DOI will continue to publish the newsletter, as 
described in 25 U.S.C. Sec.  2416. The newsletter shall be published 
quarterly and include reviews of exemplary alcohol and substance abuse 
programs. All federal MOA partners agree to provide relevant content 
for distribution.
    7. Law enforcement and judicial training: BIA, in coordination with 
DOJ, will take the lead role in development and implementation of the 
law enforcement and judicial personnel training, as described in 25 
U.S.C. Sec.  2451.
    8. Emergency medical assessment: IHS and BIA will jointly, in 
collaboration with tribal communities, develop, implement, and maintain 
procedures, policies and protocols for emergency medical assessments 
for Indian youth arrested or detained for an offense relating to, or 
involving, alcohol or substance abuse, as provided in 25 U.S.C. Sec.  
2452. To the extent that other DHHS, DOI, and DOJ partners may have 
resources for use related to these assessments, those resources will be 
coordinated.
    9. Emergency shelters: As described in 25 U.S.C. Sec.  2433(d) and 
subject to the availability of appropriations, BIA will update, 
maintain, and, where necessary, promulgate standards for the 
establishment and operation of emergency shelters or halfway houses 
under programs pursuant to 25 U.S.C. Sec.  2433(a). Under 25 U.S.C. 
Sec.  2433(a), IHS, BIA, and tribes are authorized to use available 
resources to establish and operate emergency shelters or halfway houses 
for Indian youth with alcohol or substance abuse problems.
    10. Child abuse and neglect data: As provided in 25 U.S.C. Sec.  
2434, and in accordance with applicable confidentiality laws, BIA, in 
cooperation with DOJ, will compile data relating to the number and 
types of child abuse and neglect cases and the type of assistance 
provided, reflecting those cases that involve, or appear to involve, 
alcohol and substance abuse, those cases which are recurring and those 
cases that involve other minor siblings. To the extent that the sharing 
of such data is not prohibited by law, BIA will provide child abuse and 
neglect data compiled by BIA and DOJ to the affected Indian tribe and 
Tribal Coordinating Committee, as described in 25 U.S.C. Sec.  2412, to 
assist them in developing or modifying a TAP. In the compilation and 
reporting of the data, all necessary measures will be taken and 
safeguards put in place to preserve the confidentiality of families and 
individuals and to protect personally-identifiable information from 
unauthorized or inappropriate use and disclosure.
    11. Juvenile detention centers: DHHS, DOI, and DOJ, in consultation 
with tribal leaders and tribal justice officials, will coordinate in 
developing a long-term plan for the construction, renovation, and 
operation of Indian juvenile detention and treatment centers and 
alternatives to detention for juvenile offenders, as described in 25 
U.S.C. Sec.  2453.
    12. Model juvenile code: DOI and DOJ, in cooperation with Indian 
organizations having law enforcement and judicial procedure expertise 
and in consultation with Indian tribes, will coordinate in the 
development of a model juvenile code, as described in 25 U.S.C. Sec.  
2454.
V. Period of Agreement
    This MOA shall be effective from the last date of all signatures 
below in this MOA (date of effectuation of this MOA) and shall remain 
in effect until terminated or amended by DHHS, DOI, and DOJ acting 
jointly, or until there is a change in law authorizing and requiring 
this MOA.
VI. Modification/Provisions for Amendment
    This MOA, or any of its specific provisions, may be modified with 
the written approval of each signatory to the MOA. Such approval must 
be provided in writing and must be signed by an authorized 
representative of the signatory. OIASA will then publish a copy of the 
amended MOA in the Federal Register and DOI will disseminate it to each 
federally recognized Indian tribe.
VII. Interdepartmental Coordinating Committee
    The mechanism by which this federal collaboration will occur is 
through an Interdepartmental Coordinating Committee (the Committee) 
including DHHS, DOI, and DOJ representatives, as well as 
representatives from other agencies or departments, such as the 
Department of Education. The MOA formally establishes this Committee. 
(The attached Exhibit A titled, ``Tribal Law and Order Act Indian 
Alcohol and Substance Abuse (IASA) Interdepartmental Coordinating 
Committee,'' describes the initial composition and functions of the 
Committee.)
    In order to assure that these cooperative efforts are pursued in a 
continuing and timely fashion, DHHS, DOI, and DOJ representatives and 
Committee representatives from other federal collaborative partners 
will meet on a regular basis, not less than quarterly, to review the 
activities supported by this MOA and will share information, report on 
progress, and explore new areas for cooperation. In addition, other 
meetings may be arranged to discuss specific projects.
    As needed, in order to accomplish the purposes of this MOA, the 
federal collaborative partners may realign or otherwise restructure any 
workgroups working under the auspices of the Committee. Individual 
participating federal partners reserve the right to change department 
or agency representatives at will.
    An annual progress report and a summary of meetings and activities 
conducted under this MOA will be prepared and submitted by the 
Committee to designated DHHS, DOI, and DOJ officials at the completion 
of each fiscal year, beginning with fiscal year 2012.
    OIASA, in coordination with the MOA partners, will share 
information regarding activities under this MOA with American Indians 
and Alaska Natives, such as through periodic news features and updates 
in the newsletter (described at 25 U.S.C. Sec.  2416), or other 
appropriate public information venues.
VIII. Public Information Coordination
    The Freedom of Information Act as amended (5 U.S.C. Sec.  552), the 
Privacy Act of 1974 as amended (5 U.S.C. Sec.  552a), and any 
additional applicable federal department implementing regulations 
govern any disclosure of information under this MOA. The departments 
will provide notice to the other partners, through the Committee, prior 
to the disclosure of requested information.
    This MOA does not contemplate the use or disclosure of alcohol or 
drug abuse patient records, except as expressly provided under 
applicable statutes and regulations.
IX. Discontinuance of Participation
    A participating department may, subject to applicable federal law, 
by written notice (with at least 60 calendar days notification to each 
of the other participating departments), end its participation in this 
MOA, in whole or in part, when that department

[[Page 47602]]

determines that it is unable to continue participation in the 
activities of this MOA.
X. Review of the MOA
    DHHS, DOI, and DOJ, via the Committee, will review this MOA 
annually within a month of the anniversary of the signing of this MOA.
XI. Tribal Consultation
    Consistent with Executive Order 13175 of November 6, 2000, and the 
Presidential Memorandum on Tribal Consultation of November 5, 2009, and 
applicable federal law, the federal parties to this MOA will establish 
a framework for the coordination of consultation activities, as 
necessary, relating to the federal efforts to be developed and 
implemented in accordance with this MOA. Participating departments, 
consistent with each of the departments' individual consultation 
policies, as required, will engage in such coordination of consultation 
activities in order to help ensure that regular and meaningful 
consultation and collaboration with tribal officials, as appropriate, 
occurs during the course of the development and implementation of 
multi-department activities under this MOA.
XII. Limitations
    Nothing in this MOA constitutes an obligation of funds by any of 
the parties or an authorization to engage in activities that are 
inconsistent with applicable law or policy.
    Similarly, nothing in this MOA restricts or otherwise limits 
departments from engaging in activities that are otherwise consistent 
with applicable law or policy.
    In addition, nothing in this MOA creates or conveys any rights or 
potential causes of action to any person, federally recognized Indian 
tribe, or other entity that may be affected by this MOA.
    All activities and projects initiated or implemented as a result of 
this MOA are subject to the availability of appropriated funds.
    Nothing in this MOA precludes the signatories from entering into 
inter-departmental agreements for services to be provided in 
furtherance of the Act.
XIII. Full-Time Equivalency (FTE) Responsibility
    Under this MOA, no transfer of FTEs is required between federal 
partner departments.
XIV. Approval by Signatories
/Kathleen Sebelius/
Secretary of Health and Human Services

/Ken Salazar/
Secretary of the Interior

/Eric H. Holder, Jr./
Attorney General


EXHIBIT A: See the document titled, ``Tribal Law and Order Act Indian 
Alcohol and Substance Abuse (IASA) Interdepartmental Coordinating 
Committee'' on the pages that follow.

TRIBAL LAW AND ORDER ACT IASA INTERDEPARTMENTAL COORDINATING COMMITTEE

1. Tribal Coordinating Committee:

    The Tribal Coordinating Committee--under the chairmanship of a 
tribal representative--has primary responsibility for the 
implementation of a tribe's TAP. With respect to federal involvement in 
support of tribal TAP implementation, the Executive Steering Committee 
of the IASA Interdepartmental Coordinating Committee will serve in the 
federal roles in support of Tribal Coordinating Committees, providing 
final guidance, direction, and coordination of the appropriate federal 
efforts in assisting tribes to implement TAPs as they relate to alcohol 
and substance abuse prevention and treatment.

2. MOA:

    An interdepartmental workgroup convened as a precursor to the MOA 
Workgroup oversaw the development of and the policy and legal review of 
the MOA; established and managed the overall coordination of comments 
from the various federal departments and other entities; shepherded the 
MOA through MOA partner department clearance processes; secured final 
signatures; and coordinated the submission of the MOA to Congress, its 
dissemination to Indian tribes, and its publication in the Federal 
Register, as required by law. The MOA Workgroup will provide leadership 
in the annual review of the MOA, as required by the MOA.

     25 U.S.C. Sec.  2411: The Secretary of the Interior, the 
Attorney General, and the Secretary of Health and Human Services shall 
develop and enter into an MOA by no later than July 29, 2011, 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 BIA, OJP, SAMHSA, and IHS resources and programs, and 
other federal, tribal, state and local, and private resources and 
programs that would be relevant to a coordinated effort to combat 
alcohol and substance abuse among Indian people;
    3. Develop and establish appropriate minimum standards for each 
agency's program responsibilities under the MOA;
    4. Coordinate certain existing BIA, DOJ, SAMHSA, and IHS alcohol 
and substance abuse programs with current and newly established efforts 
under the Act;
    5. Delineate BIA, DOJ, SAMHSA, and IHS responsibilities to 
coordinate alcohol and substance abuse-related services at the central, 
area, agency, and service unit levels;
    6. Direct BIA agency superintendents and education line officers, 
where appropriate, and the IHS CEOs to cooperate fully with tribal 
requests for TAP assistance; and
    7. Provide for annual review of TAP implementation agreements by 
the DOI Secretary, the AG, and the HHS Secretary.

3. Tribal Action Plan:

    The TAP Workgroup will establish the operating framework of the 
TAP, develop an inventory of current proven strategies to recommend to 
tribes utilizing practice based evidence models, manage the overall 
coordination of tribal requests for assistance in the development of a 
TAP, coordinate assistance and support to tribes as deemed feasible, 
and collaborate with the Inventory Workgroup in developing an 
appropriate response back to tribal entities seeking assistance.

     25 U.S.C. Sec.  2412(e): If the governing body of any 
Indian tribe does not adopt a resolution, as provided in the Act, 
within 90 days after the publication of this MOA in the Federal 
Register, appropriate officials from BIA, where appropriate, and IHS 
who serve such tribe, shall enter into an agreement to identify and 
coordinate available alcohol and substance abuse prevention and 
treatment programs and resources for such tribe. After such an 
agreement has been entered into for a tribe for the identification and 
coordination of these resources, such tribe may adopt a resolution for 
the establishment of the tribe's TAP.
     25 U.S.C. Sec.  2412(c)(3): TAPs are to be updated every 2 
years.
     25 U.S.C. Sec.  2412(c)(1)(A): TAPs will establish a 
Tribal Coordinating Committee which shall--

    1. Consist, at minimum, of a tribal

[[Page 47603]]

representative who shall serve as Chairman and the BIA agency 
superintendents and education line officers, where appropriate, OJP, 
SAMHSA, and the IHS CEO, or their representatives;
    2. Have primary responsibility for TAP implementation;
    3. Provide for ongoing review and evaluation of the TAP;
    4. Make recommendations to the tribe relating to the TAP; and
    5. Schedule federal, tribal or other personnel for training in the 
prevention and treatment of alcohol and substance abuse among American 
Indians and Alaska Natives, as appropriate.

4. Program Review:

    The Inventory/Resource Workgroup will establish an operating model, 
by which it gathers, maintains and updates the current federal effort/
capacity, not limited to technical assistance contracts and services, 
grants, contracts, and cooperative agreements; manage the overall 
coordination of these efforts; and collaborate with the TAP Workgroup 
in developing an appropriate response back to tribal entities seeking 
assistance.
     25 U.S.C. Sec.  2414a(a): In the development of the MOA, 
the Secretary of the Interior, the Attorney General, and the Secretary 
of Health and Human Services shall review and consider:

    1. The various programs established by federal law providing health 
services and benefits to Indian tribes, including those relating to 
mental health and alcohol and substance abuse prevention and treatment;
    2. Tribal, state and local, and private health resources and 
programs;
    3. Where facilities to provide such treatment are or should be 
located; and
    4. The effectiveness of certain existing public and private alcohol 
and substance abuse treatment programs.

     25 U.S.C. Sec.  2414a(b): The results of these program 
reviews shall be provided to every Indian tribe as soon as possible for 
their consideration and use in the development or modification of a 
TAP.

5. Newsletter:

    The Newsletter Workgroup will establish the operating protocol and 
procedures in order to publish a newsletter to report on Indian alcohol 
and substance abuse projects and programs.
     25 U.S.C. Sec.  2416: The newsletter will--

    1. Be published once in each calendar quarter;
    2. Include reviews of exemplary alcohol and substance abuse 
programs;
    3. Provide sufficient information to enable interested persons to 
obtain further information about such programs; and
    4. Be circulated without charge to--

     Schools;
     Tribal offices;
     BIA agency and area offices;
     IHS area and service unit offices;
     IHS alcohol programs; and
     Other entities providing alcohol and substance abuse-
related services or resources to American Indians and Alaska Natives.

6. Review of Programs:

    The Educational Services Workgroup will establish an operating 
model, by which it gathers, maintains and updates the current federal 
effort/capacity with respect to federal programs providing education 
services or benefits to American Indian and Alaska Native children.

     25 U.S.C. Sec.  2431(a): In the development of the MOA, 
the Secretary of the Interior, the Attorney General, and the Secretary 
of Health and Human Services, in cooperation with the Secretary of 
Education shall review and consider:

    1. Federal programs providing education services or benefits to 
Indian children;
    2. Tribal, state, local, and private educational resources and 
programs;
    3. Federal programs providing family and social services and 
benefits for Indian families and children;
    4. Federal programs relating to youth employment, recreation, 
cultural, and community activities; and
    5. Tribal, state, local, and private resources for programs similar 
to those cited in paragraphs (3) and (4).
     25 U.S.C. Sec.  2431(b): The results of this review shall 
be provided to each Indian tribe as soon as possible for their 
consideration and use in the development or modification of a TAP.
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[FR Doc. 2011-19816 Filed 8-4-11; 8:45 am]
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