--- kind: "section" citation: "25 U.S.C. § 1665b" title: "25" title_heading: "Indians" number: "1665b" heading: "Memoranda of agreement with the Department of the Interior" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/25/1665b" units: - "Chapter 18 — Indian Health Care" - "Subchapter V–A — Behavioral Health Programs" - "Part A — General Programs" --- # §1665b. Memoranda of agreement with the Department of the Interior - (a) **Contents—** Not later than 1 year after March 23, 2010, the [Secretary](/usc/25/1603.md?p=17), acting through the [Service](/usc/25/1603.md?p=18), and the [Secretary](/usc/25/1603.md?p=17) of the Interior shall develop and enter into a memoranda[^1] of agreement, or review and update any existing memoranda of agreement, as required by section 4205 of the [Indian](/usc/25/1603.md?p=13) Alcohol and [Substance Abuse](/usc/25/1603.md?p=21) Prevention and Treatment Act of 1986 ([25 U.S.C. 2411](/usc/25/2411.md)) under which the [Secretaries](/usc/25/1603.md?p=17) address the following: - (1) The scope and nature of mental illness and dysfunctional and self-destructive behavior, including child abuse and family violence, among [Indians](/usc/25/1603.md?p=13). - (2) The existing Federal, tribal, State, local, and private [services](/usc/25/1603.md?p=18), resources, and programs available to provide [behavioral health](/usc/25/1603.md?p=2-A) [services](/usc/25/1603.md?p=18) for [Indians](/usc/25/1603.md?p=13). - (3) The unmet need for additional [services](/usc/25/1603.md?p=18), resources, and programs necessary to meet the needs identified pursuant to [paragraph (1)](#a-1). - (4) - (A) The right of [Indians](/usc/25/1603.md?p=13), as citizens of the United States and of the States in which they reside, to have access to [behavioral health](/usc/25/1603.md?p=2-A) [services](/usc/25/1603.md?p=18) to which all citizens have access. - (B) The right of [Indians](/usc/25/1603.md?p=13) to participate in, and receive the benefit of, such [services](/usc/25/1603.md?p=18). - (C) The actions necessary to protect the exercise of such right. - (5) The responsibilities of the Bureau of [Indian](/usc/25/1603.md?p=13) Affairs and the [Service](/usc/25/1603.md?p=18), including mental illness identification, prevention, education, referral, and treatment [services](/usc/25/1603.md?p=18) (including [services](/usc/25/1603.md?p=18) through multidisciplinary resource teams), at the central, area, and agency and [Service unit](/usc/25/1603.md?p=20), [Service area](/usc/25/1603.md?p=19), and headquarters levels to address the problems identified in [paragraph (1)](#a-1). - (6) A strategy for the comprehensive coordination of the [behavioral health](/usc/25/1603.md?p=2-A) [services](/usc/25/1603.md?p=18) provided by the Bureau of [Indian](/usc/25/1603.md?p=13) Affairs and the [Service](/usc/25/1603.md?p=18) to meet the problems identified pursuant to [paragraph (1)](#a-1), including— - (A) the coordination of alcohol and [substance abuse](/usc/25/1603.md?p=21) programs of the [Service](/usc/25/1603.md?p=18), the Bureau of [Indian](/usc/25/1603.md?p=13) Affairs, and [Indian tribes](/usc/25/1603.md?p=14) and [tribal organizations](/usc/25/1603.md?p=26) (developed under the [Indian](/usc/25/1603.md?p=13) Alcohol and [Substance Abuse](/usc/25/1603.md?p=21) Prevention and Treatment Act of 1986 ([25 U.S.C. 2401](/usc/25/2401.md) et seq.)) with [behavioral health](/usc/25/1603.md?p=2-A) initiatives pursuant to this chapter, particularly with respect to the referral and treatment of dually diagnosed individuals requiring [behavioral health](/usc/25/1603.md?p=2-A) and [substance abuse](/usc/25/1603.md?p=21) treatment; and - (B) ensuring that the Bureau of [Indian](/usc/25/1603.md?p=13) Affairs and [Service](/usc/25/1603.md?p=18) programs and [services](/usc/25/1603.md?p=18) (including multidisciplinary resource teams) addressing child abuse and family violence are coordinated with such non-Federal programs and [services](/usc/25/1603.md?p=18). - (7) Directing appropriate officials of the Bureau of [Indian](/usc/25/1603.md?p=13) Affairs and the [Service](/usc/25/1603.md?p=18), particularly at the agency and [Service unit](/usc/25/1603.md?p=20) levels, to cooperate fully with tribal requests made pursuant to community [behavioral health](/usc/25/1603.md?p=2-A) plans adopted under [section 1665a(c) of this title](/usc/25/1665a.md?p=c) and section 4206 of the [Indian](/usc/25/1603.md?p=13) Alcohol and [Substance Abuse](/usc/25/1603.md?p=21) Prevention and Treatment Act of 1986 ([25 U.S.C. 2412](/usc/25/2412.md)). - (8) Providing for an annual review of such agreement by the [Secretaries](/usc/25/1603.md?p=17) which shall be provided to Congress and [Indian tribes](/usc/25/1603.md?p=14) and [tribal organizations](/usc/25/1603.md?p=26). - (b) **Specific provisions required—** The memoranda of agreement updated or entered into pursuant to [subsection (a)](#a) shall include specific provisions pursuant to which the [Service](/usc/25/1603.md?p=18) shall assume responsibility for— - (1) the determination of the scope of the problem of alcohol and [substance abuse](/usc/25/1603.md?p=21) among [Indians](/usc/25/1603.md?p=13), including the number of [Indians](/usc/25/1603.md?p=13) within the jurisdiction of the [Service](/usc/25/1603.md?p=18) who are directly or indirectly affected by alcohol and [substance abuse](/usc/25/1603.md?p=21) and the financial and human cost; - (2) an [assessment](/usc/25/1665.md?p=2) of the existing and needed resources necessary for the prevention of alcohol and [substance abuse](/usc/25/1603.md?p=21) and the treatment of [Indians](/usc/25/1603.md?p=13) affected by alcohol and [substance abuse](/usc/25/1603.md?p=21); and - (3) an estimate of the funding necessary to adequately support a program of prevention of alcohol and [substance abuse](/usc/25/1603.md?p=21) and treatment of [Indians](/usc/25/1603.md?p=13) affected by alcohol and [substance abuse](/usc/25/1603.md?p=21). - (c) **Publication—** Each memorandum of agreement entered into or renewed (and amendments or modifications thereto) under [subsection (a)](#a) shall be published in the Federal Register. At the same time as publication in the Federal Register, the [Secretary](/usc/25/1603.md?p=17) shall provide a copy of such memoranda, amendment, or modification to each [Indian tribe](/usc/25/1603.md?p=14), [tribal organization](/usc/25/1603.md?p=26), and [urban Indian organization](/usc/25/1603.md?p=29). ## Footnotes [^1]: So in original. Probably should be “memorandum”. ## Source credit (Pub. L. 94–437, title VII, § 703, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.) ## Notes ### Editorial Notes ### References in Text The Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986, referred to in subsec. (a)(6)(A), is subtitle C of title IV of Pub. L. 99–570, Oct. 27, 1986, 100 Stat. 3207–137, which is classified generally to chapter 26 (§ 2401 et seq.) of this title. For complete classification of subtitle C to the Code, see Short Title note set out under section 2401 of this title and Tables. This chapter, referred to in subsec. (a)(6)(A), was in the original “this Act”, meaning Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Improvement Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables. ### Codification Section 703 of Pub. L. 94–437 is based on section 181 of title I of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148. ### Prior Provisions A prior section 1665b, Pub. L. 94–437, title VII, § 703, as added Pub. L. 102–573, title VII, § 702(a), Oct. 29, 1992, 106 Stat. 4573, related to Indian women treatment programs, prior to the general amendment of this subchapter by Pub. L. 111–148. See section 1665f of this title.