MEMORANDUM OF UNDERSTANDING by pC7J9D

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                                MEMORANDUM OF AGREEMENT

                                              BETWEEN

                                U.S DEPARTMENT OF EDUCATION

                   U. S. DEPARTMENT OF HEALTH AND HUMAN SERVICES

                                 U.S. DEPARTMENT OF INTERIOR

                                                  AND

                                  U. S. DEPARTMENT OF JUSTICE


I.   PURPOSE

     This Memorandum of Agreement (MOA) is put forth to establish and secure a collaborative
     arrangement among the following federal departments and their respective component(s) with
     responsibilities to address alcohol, substance abuse, prevention and treatment and co-occurring
     issues for American Indian/Alaskan Natives, including the impacts on tribal justice and
     community safety:
          Office of Indian Alcohol and Substance Abuse within the Substance Abuse and Mental
             Health Services Administration (SAMHSA) within the United States Department of
             Health and Human Services;
          Division of Behavioral Health within the Indian Health Services (IHS) within the United
             States Department of Health and Human Services;
          Bureau of Indian Affairs within the United States Department of Interior;
          Bureau of Indian Education within the United States of Department of Interior
          Office of Justice Programs, within the United States Department of Justice
          Office of The Attorney General within the United States Department of Justice
          United States Department of Education

     The Tribal Law and Order Act of 2010 (TLOA), enacted on July 29, 2010, amended the Indian
     Alcohol and Substance Prevention and Treatment Act of 1986, 25 U.S.C. 2401-2416. In
     enacting the TLOA, Congress identified, among other things, that “alcoholism and alcohol and
     substance abuse is the most severe health and social problem facing Indian tribes and people
     today and nothing is more costly to Indian people than the consequences of alcohol and
     substance abuse measured in physical, mental, social, and economic terms.” 25 U.S.C. 2401.
     One of the stated purposes of the TLOA is to “provide authority and opportunities for Indian
     tribes to develop and implement a coordinated program for the prevention and treatment of
     alcohol and substance abuse at the local level.” 25 U.S.C. 2402.

     The Attorney General, along with the Secretaries of Health and Human Services, Department of
     Education, and Department of Interior are to develop and enter into a Memorandum of
     Agreement, in consultation with tribes, to:


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          1.   Determine the scope of the alcohol and substance abuse problems faced by tribes.
          2.   Identify and delineate the resources each entity can bring to bear on the problem.
          3.   Set minimum standards for applying those resources to the problems.
          4.   Coordinate existing agency programs with those established under the TLOA.

      The MOA must be the subject of consultation with Indian Tribes in accordance with the statute.


II.   AUTHORITY

      This MOA is authorized in accordance with the general cooperative authority provided under the
      following Federal provisions: Section 241 of the Tribal Law Order Act of 2010.

      Each Agency that is a party to this MOA participates in accordance with the legal and
      programmatic statutory authority as indicated below:

          A. Substance Abuse and Mental Health Services Administration (SAMHSA):
             The Public Health Service Act, Section 501, d, 18;
          B. Indian Health Service (IHS); (add the appropriate authority)
          C. Bureau of Indian Affairs (BIA); (add the appropriate authority)
          D. Bureau of Indian Education ( BIE); (add the appropriate authority)
          E. White House Initiative on Tribal Colleges and Universities (WHITCU);
             (add the appropriate authority)
          F. Office of Justice Programs (OJP); (add the appropriate authority)
          G. Office of Juvenile Justice and Delinquency Prevention (OJJDP);
             (add the appropriate authority)
          H. Office of Tribal Justice (OTJ); (add the appropriate authority)
          I. Bureau of Justice Services (BJS); (add the appropriate authority)
          J. Bureau of Justice Assistance (BJA); (add the appropriate authority)

      Each Agency that is a party to this MOA participates in accordance with the legal and
      programmatic responsibility and authority as indicated in the Tribal Law Order of 2010 as
      described below:

          1. Memorandum of Agreement (25 U.S.C. 2411)
             The Secretary of the Interior, the Attorney General, and the Secretary of Health and
             Human Services must develop and enter into a Memorandum of Agreement that seeks to:
                 Address the scope of the problem of alcohol and substance abuse for Indian tribes
                   and its financial and human costs;
                 Identify Federal, tribal, State, local and private resources and programs; establish
                   appropriate minimum standards for each agency’s program responsibilities; and
                 Coordinate existing agency programs with those programs and activities
                   established under the Act.




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           2. Tribal Action Plan (25 U.S.C. 2412)
              SAMHSA, BIA and OJP shall cooperate with Indian tribes that request assistance in the
              development of a Tribal Action Plan to coordinate resources and programs relevant to
              alcohol and substance abuse prevention and treatment.

           3. Tribal Coordinating Committee (25 U.S.C. 2412)
              The partners shall participate as members of the Tribal Coordinating Committee which
              has primary responsibility of implementation of the Tribal Action Plan.

           4. Program Review (25 U.S.C. 2414a)
              The Secretary of the Interior, the Attorney General, and the Secretary of Health and
              Human Services must review 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 and tribal, State, local, and private
              health resources and programs. The results of the review are to be disseminated to the
              tribes for their consideration and use in the development or modification of a Tribal
              Action Plan.

           5. Newsletter (25 U.S.C. 2416)
              The Secretary of the Interior shall publish an alcohol and substance abuse newsletter in
              cooperation with the Secretary of Health and Human Services and the Secretary of
              Education to report on Indian alcohol and substance abuse projects and programs.

III.   BACKGROUND AND OBJECTIVES

       The Tribal Law and Order Act of 2010 (TLOA) was signed into law by President Obama on July
       29, 2010. Sen. Byron Dorgan, D-N.D., Indian Affairs Committee Chairman sponsored the bill in
       response to what he said is a crisis situation on Indian Reservations, where violent crime
       continues to devastate communities at rates much higher than the national average.

       In a number of ways, the purpose of the TLOA is to institutionalize reforms within the federal
       government so that justice, safety, education, youth, and alcohol and substance abuse prevention
       and treatment issues, remain the subject of consistent focus not only in the current
       Administration, but also in future Administrations. The Act requires a significant amount of
       interagency coordination and collaboration to address the requirements of the law.

       Pertinent TLOA provisions include amending 25 USC section 2411-2416 of the Indian Alcohol
       and Substance Abuse Prevention and Treatment Act of 1986 to:
           1. Extend the effective date of the Memorandum of Agreement between the Secretaries of
              the Interior and Health and Human Services on the scope of the problem of alcohol and
              substance abuse in Indian tribes;
           2. Include the Attorney General as a participant in such Memorandum;
           3. Include the Office of Justice Programs and the Substance Abuse and Mental Health
              Services Administration of HHS in cooperative efforts with Indian tribes in a Tribal
              Action Plan for combating alcohol and substance abuse and as participants in alcohol and
              substance abuse prevention and treatment activities;

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    4. Extend through 2015 funding for grants to Indian tribes to provide technical assistance in
       the development of a Tribal Action Plan and for training, education, and prevention
       programs;
    5. Establish within the Substance Abuse and Mental Health Services Administration the
       Office of Indian Alcohol and Substance Abuse;
    6. Require a review of the effectiveness of summer youth programs in tribal schools;
    7. Extend through FY 2015 the authorization of appropriations for emergency shelters for
       Indian youth who are alcohol or substance abusers;
    8. Provide assistance for the investigation and control of illegal narcotics on the Blackfeet
       Indian Reservation and extend the authorization of appropriations for such investigations
       through FY 2015; and
    9. Require the Secretary of the Interior and the Attorney General, in consultation with tribal
       officials, to develop a long-term plan for the construction, renovation, and operation of
       Indian juvenile detention and treatment centers and alternatives to detention for juvenile
       offenders.

A. Inter-Departmental Work Group

The mechanism by which this inter-agency collaborative effort will occur is through a joint
workgroup including Substance Abuse and Mental Health Services Administration (SAMHSA),
Office of Justice Programs (OJP) and Bureau of Indian Affairs (BIA) as well as other critical
partners such as Indian Health Services (IHS), Bureau of Indian Education (BIE), Office of
Indian Education (OIE), White House Initiative on Tribal Colleges and Universities (WHITCU),
the Department of Justice’s Office of Tribal Justice (OTJ), Office of Juvenile Justice and
Delinquency Prevention (OJJDP), Bureau of Justice Services (BJS), Bureau of Justice Assistance
(BJA), and (hereafter referred to as the Work Group). The MOA formalizes this work group and
specifies the scope, purpose and type of activities this inter-agency working collaborative is
authorized to participate in during the existence of this MOA.

The federal agencies involved in this MOA have common goals and objectives pertaining to the
issues of public health and public safety as it pertains to individuals who suffer the consequences
of alcohol and substance abuse. By seeking to work cooperatively to accomplish common
objectives, all agencies will meet the requirements set forth in the TLOA, and improve the
service delivery systems in Indian Country and as a direct result, their constituents will benefit in
the long run.

This MOA builds on a rich foundation of work over the past decades initiated and administered
by each of the federal partners addressing criminal/juvenile justice, education, safety, tribal
justice health and welfare, mental health/co-occurring disorders, alcohol and substance abuse
issues. Collaboration has been a hallmark of all of these efforts.

Each of these initiatives, as well as other such inter-agency partnerships, has utilized the concept
of an informal work group(s) comprised of agency representatives to develop and coordinate
appropriate programming; ensure programmatic integrity; share data, research/evaluation design,
knowledge dissemination, and resource allocation in order to best use and coordinate existing
and new federal resources to address the respective problem areas. Through this MOA, the

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      federal partners commit to formalizing what in many cases have been ‘ad hoc’ processes for the
      coordination of the following programmatic areas/initiatives which represent common efforts
      within each partner agency.

      The federal partners recognize the importance of coordinating areas of common interest that cut
      across all the programmatic areas. The establishment of the Work Group will help to better
      coordinate and leverage programs, initiatives, and ideas into a comprehensive strategic planning
      effort. The coordinated and independent programs administered by each partner will continue to
      be conducted in accordance with the rules and regulations governing each agency. The intent of
      the Work Group is to maximize federal government resources addressing criminal/juvenile/tribal
      justice, safety, education, alcohol and substance abuse and co-occurring issues thereby avoiding
      duplication of efforts by the respective partners.

IV.   ACTIONS

      This MOA, consistent with the Tribal Law Order Act of 2010, is entered into to accomplish the
      goals set forth in TLOA. The partners will:
               Coordinate with other responsible federal agencies to monitor the performance and
                  compliance of relevant Federal programs in achieving the goals of the Act;
               Develop, in collaboration with the federal partners and in coordination and
                  consultation with tribal governments, a framework for interagency and tribal
                  coordination that: (1) establishes the goals of the Act; (2) prioritizes outcomes aligned
                  with the purposes of the affected agencies; (3) provides guidelines for resource and
                  information sharing; (4) provides technical assistance to the affected agencies; and (5)
                  determines whether collaboration is feasible, cost-effective, and within agency
                  capability.
               Formally coordinate, share, plan and review programmatic activities, consistent with
                  each department’s statutory authorities and responsibilities, for the purposes of
                  assessing, providing technical assistance and enhance alcohol and substance abuse
                  prevention/treatment efforts;
               Improve and recommend best possible options in order to respond more effectively
                  and efficiently on issues of alcohol and substance abuse prevention and treatment;
               Avoid duplication of effort in Indian Country;
               Promote Indian substance abuse-related and youth education services; and
               Improve the delivery of alcohol and substance abuse prevention and treatment,
                  intervention and enforcement services for American Indian/Alaskan Natives.

      The Work Group is charged with programmatic coordination of efforts. It is the expectation that
      the Work Group will provide regular feedback and seek input from the respective senior
      management officials and make recommendations on existing and future programmatic issues. It
      will be the role of the Work Group and/or other appropriate policy decision-makers to develop
      policy recommendations related to identified programmatic issues.

      The work group has agreed to undertake the following ongoing work group activities:
             Meet at least quarterly and as often as monthly in the Washington, DC area with
                meetings rotating among the partnering agencies.

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                  The host agency will provide summary/minutes for their respective meeting.
                  Provide annual briefing and summary of activities as needed.
                  Exchange time lines for upcoming FY grant program/project related activities.

     Through this MOA, Tribes have the opportunity to consult with participating agencies and will
     be able to receive guidance and technical assistance in assessing alcohol and substance abuse
     prevention and treatment, intervention, enforcement and related program needs.

     In addition, specific coordination activities, work products, and/or recommendations that the
     Work Group may undertake include but are not limited to:

                  Developing resource inventories of each work group partner, including a catalogue of
                   all (related) current MOAs and Inter- and Intra-Agency Agreements.
                  Creating work groups, as needed, for specialized tasks and sub-tasks relative to the
                   identified programmatic areas/initiative listed in this MOA.
                  Exchanging information, including periodic or regular briefings on relevant partner
                   developments, grant or contract activities, publications, and data sets.
                  Exchanging organizational information including organization charts, staffing
                   responsibilities and lists of relevant grant programs.
                  Mapping relevant grant programs in each partner agency.
                  Undertaking of joint and coordinated technical assistance effort/initiative.
                  Identifying the scope of the problem of alcohol and substance abuse for Indian tribes
                   and its financial and human costs.
                  Identifying Federal, tribal, State, local and private resources and programs relative to
                   alcohol and substance abuse.
                  Establishing appropriate minimum standards for each agency’s program
                   responsibilities.
                  Coordinating existing agency programs with those programs and activities established
                   under the Act.
                  Sharing appropriate grants and contracts timelines and acquisition schedules and
                   plans.
                  Exploring joint performance measures for programs.
                  Conducting joint training workshops on substance abuse-related topics of interest,
                   technical assistance or coordinated grantee meetings.
                  Developing protocols for eliminating duplication of efforts.

     With any of these activities and/or recommendations, the Work Group will determine whether
     policy-related issues exist; if so, the Work Group will refer them to the appropriate senior level
     managers and policy officials for review and before taking any actions.

V.   DURATION OF THIS MOA

     This MOA shall remain in effect as long necessary to carry out the intent of Congress. This
     MOA, or any of its specific provisions, may be revised by written approval of all signatory
     parties or their designees, provided that a copy of the amended MOA shall be distributed to each
     Indian tribe.

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 VI.    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.

VII.    FULL-TIME EQUIVALENCY (FTE) RESPONSIBILITY

        Under this MOA, no transfer of FTEs or staffing obligations beyond identification of points of
        Contact is required or permitted.

VIII.   POINTS OF CONTACT

        As this MOA shall remain in effect as long as necessary to carry out the intent of Congress, the
        list of agency Point of Contact (POC) representatives may change over time. To that end and to
        avoid unnecessary work and delays in enacting this MOA, the list of POCs will be included as a
        separate attachment with the provision that any changes to the list of POC will be provided to all
        parties and that a copy of the amended POC shall be made available to each Indian tribe upon
        request.

 IX.    APPROVAL BY SIGNATORIES

        1. U.S. Department of Health and Human Services



            _______________________________________                 _________________________
            Kathleen Sebelius                                       Date
            Secretary
            U.S. Department of Health and Human Services


        2. U.S. Department of Interior



            _______________________________________                 _________________________
            Kenneth L. Salazar                                      Date
            Secretary
            U.S. Department of the Interior




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3. U.S. Department of Justice



    _______________________________________   _________________________
    Eric H. Holder, Jr.                       Date
    Attorney General
    U.S. Department of Justice


4. U.S Department of Education




  _______________________________________     ________________________
  Arne Duncan                                 Date
  Secretary
  U.S Department of Education




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                                     ATTACHMENT A


The following staff will serve as the points of contact for this MOA:

Lead: SAMHSA/OIASA
Dennis O. Romero, MA
Director (Acting)
Office of Indian Alcohol and Substance Abuse
Office of Policy, Planning and Innovations
Substance Abuse and Mental Health Services Administration
U.S. Department of Health and Human Services
1 Choke Cherry Road
Rockville, Maryland 20857
Telephone: 240-276-2495
E-mail: dennis.romero@samhsa.hhs.gov

Alternate: SAMHSA/OPPI
Sheila K. Cooper
Senior Advisor for Tribal Affairs
Office of Policy, Planning and Innovations
Substance Abuse and Mental Health Services Administration
U.S. Department of Health and Human Services
1 Choke Cherry Road
Rockville, Maryland 20857
Telephone: 240-276-2005
E-mail: sheila.cooper@samhsa.hhs.gov

Lead: (OJP)
Ruby Qazilbash
Senior Policy Advisor for Substance Abuse and Mental Health
Policy Office
Bureau of Justice Assistance
U.S. Department of Justice
810 Seventh St., NW
Washington, D.C. 20531
Telephone:
Email: Ruby.Qazilbash@usdoj.gov

Alternate:
Trish Thackston
Policy Advisor
Policy Office
Bureau of Justice Assistance
U.S. Department of Justice
810 Seventh St., NW

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Washington, D.C. 20531
Telephone:
Email: M.Patrisha.Thackston@usdoj.gov


Lead: (BIA) TBD

Alternate: (BIA) TBD




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