§ 3114 TITLE 25—INDIANS Page 658

1So in original. Probably should be capitalized.

(c) Scholarship program

(1) The Secretary is authorized to grant forestry scholarships to Indians and Alaska Natives

enrolled in accredited programs for post-secondary and graduate forestry and forestry-related

programs of study as full-time students.

(2) A recipient of a scholarship under paragraph (1) shall be required to enter into an obligated service agreement with the Secretary in

which the recipient agrees to accept employment for one year for each year the recipient received a scholarship, following completion of

the recipient’s forestry or forestry-related

course of study, with

(A) the Bureau of Indian Affairs;

(B) a forestry program conducted under a

contract, grant, or cooperative agreement entered into under the Indian Self-Determination Act [25 U.S.C. 450f et seq.];

(C) an Indian enterprise engaged in a forestry or forestry-related business; or

(D) an Indian tribe’s forestry-related program.

(3) The Secretary shall not deny scholarship

assistance under this subsection solely on the

basis of an applicant’s scholastic achievement if

the applicant has been admitted to and remains

in good standing in an accredited postsecondary

or graduate institution.

(d) Forestry education outreach

The Secretary shall conduct, through the Bureau of Indian Affairs, and in consultation with

other appropriate local, State and Federal agencies, and in consultation and coordination with

Indian tribes, a forestry education outreach program for Indian and Alaska Native youth to explain and stimulate interest in all aspects of Indian forest land management and careers in forestry.

(e) Adequacy of programs

The Secretary shall administer the programs

described in this section until a sufficient number of Indians and Alaska Natives are trained to

ensure that there is an adequate number of

qualified, professional Indian foresters to manage the Bureau of Indian Affairs forestry programs and forestry programs maintained by or

for Indian tribes.

(Pub. L. 101–630, title III, §314, Nov. 28, 1990, 104

Stat. 4540.)

REFERENCES IN TEXT

The provisions of title 5 governing appointments in

the competitive service, referred to in subsec. (a), are

classified generally to section 3301 et seq. of Title 5,

Government Organization and Employees.

The Indian Self-Determination Act, referred to in

subsec. (c)(2)(B), is title I of Pub. L. 93–638, Jan. 4, 1975,

88 Stat. 2206, as amended, which is classified principally

to part A (§450f et seq.) of subchapter II of chapter 14

of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 450

of this title and Tables.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3731 of this title.

§ 3114. Postgraduation recruitment, education

and training programs

(a) Postgraduation recruitment

The Secretary shall establish and maintain a

program to attract Indian and Alaska Native

professional foresters and forester technicians

who have already graduated from their course of

postsecondary or graduate education for employment in either the Bureau of Indian Affairs

forestry programs or, subject to the approval of

the tribe, in tribal forestry programs. According

to such regulations as the Secretary may prescribe, such program shall provide for the employment of Indian and Alaska Native professional foresters or forestry technicians in exchange for the Secretary’s assumption of the

employee’s outstanding student loans. The period of employment shall be determined by the

amount of the loan that is assumed.

(b) Postgraduate intergovernmental internships

For the purposes of training, skill development and orientation of Indian, Alaska native,1

and Federal forestry personnel, and the enhancement of tribal and Bureau of Indian Affairs forestry programs, the Secretary shall establish and actively conduct a program for the

cooperative internship of Federal, Indian, and

Alaska Native forestry personnel. Such program

shall—

(1) for agencies within the Department of

the Interior—

(A) provide for the internship of Bureau of

Indian Affairs, Alaska Native, and Indian

forestry employees in the forestry-related

programs of other agencies of the Department of the Interior, and

(B) provide for the internship of forestry

personnel from other Department of the Interior agencies within the Bureau of Indian

Affairs and, with the consent of the tribe,

within tribal forestry programs;

(2) for agencies not within the Department

of the Interior, provide, pursuant to an interagency agreement, internships within the Bureau of Indian Affairs and, with the consent of

the tribe, within a tribal forestry program of

other forestry personnel of such agencies who

are above their sixth year of Federal service;

(3) provide for the continuation of salary and

benefits for participating Federal employees

by their originating agency;

(4) provide for salaries and benefits of participating Indian and Alaska Native forestry

employees by the host agency; and

(5) provide for a bonus pay incentive at the

conclusion of the internship for any participant.

(c) Continuing education and training

The Secretary shall maintain a program within the Division of Forestry of the Bureau of Indian Affairs for the ongoing education and training of Bureau of Indian Affairs, Alaska Native,

and Indian forestry personnel. Such program

shall provide for—

(1) orientation training for Bureau of Indian

Affairs forestry personnel in tribal-Federal relations and responsibilities;

(2) continuing technical forestry education

for Bureau of Indian Affairs, Alaska Native,

and tribal forestry personnel; and

(3) developmental training of Indian and

Alaska Native personnel in forest land based

enterprises and marketing.
Page 659 TITLE 25—INDIANS § 3120

1So in original. Probably should be ‘‘sections’’. 1So in original. Probably should be ‘‘this’’.

(Pub. L. 101–630, title III, §315, Nov. 28, 1990, 104

Stat. 4542.)

§ 3115. Cooperative agreement between Department of the Interior and Indian tribes

(a) Cooperative agreements

(1) To facilitate the administration of the programs and activities of the Department of the

Interior, the Secretary is authorized to negotiate and enter into cooperative agreements

with Indian tribes to—

(A) engage in cooperative manpower and job

training and development programs,

(B) to develop and publish cooperative environmental education and natural resource

planning materials, and

(C) to perform land and facility improvements, including forestry and other natural

resources protection, fire protection, reforestation, timber stand improvement, debris removal, and other activities related to land and

natural resource management.

The Secretary may enter into such agreements

when the Secretary determines the public interest will be benefited.

(2) In such cooperative agreements, the Secretary is authorized to advance or reimburse

funds to contractors from any appropriated

funds available for similar kinds of work or by

furnishing or sharing materials, supplies, facilities or equipment without regard to the provisions of section 3324, title 31, relating to the advance of public moneys.

(b) Supervision

In any agreement authorized by this section,

Indian tribes and their employees may perform

cooperative work under the supervision of the

Department of the Interior in emergencies or

otherwise as mutually agreed to, but shall not

be deemed to be Federal employees other than

for purposes of section1 2671 through 2680 of title

28 and section1 8101 through 8193 of title 5.

(c) Savings provision

Nothing in this chapter shall be construed to

limit the authority of the Secretary to enter

into cooperative agreements otherwise authorized by law.

(Pub. L. 101–630, title III, §316, Nov. 28, 1990, 104

Stat. 4543.)

§ 3116. Obligated service; breach of contract

(a) Obligated service

Where an individual enters into an agreement

for obligated service in return for financial assistance under any provision of this chapter, the

Secretary shall adopt such regulations as are

necessary to provide for the offer of employment

to the recipient of such assistance as required

by such provision. Where an offer of employment is not reasonably made, the regulations

shall provide that such service shall no longer

be required.

(b) Breach of contract; repayment

Where an individual fails to accept a reasonable offer of employment in fulfillment of such

obligated service or unreasonably terminates or

fails to perform the duties of such employment,

the Secretary shall require a repayment of the

financial assistance provided, prorated for the

amount of time of obligated service performed,

together with interest on such amount which

would be payable if at the time the amounts

were paid they were loans bearing interest at

the maximum legal prevailing rate, as determined by the Treasurer of the United States.

(Pub. L. 101–630, title III, §317, Nov. 28, 1990, 104

Stat. 4544.)

§ 3117. Authorization of appropriations

There are authorized to be appropriated such

sums as may be necessary to carry out the purposes of this chapter.

(Pub. L. 101–630, title III, §318, Nov. 28, 1990, 104

Stat. 4544.)

§ 3118. Regulations

Except as otherwise provided by this chapter,

the Secretary is directed to promulgate final

regulations for the implementation of the 1

chapter within eighteen months from November

28, 1990. All regulations promulgated pursuant to

this chapter shall be developed by the Secretary

with the participation of the affected Indian

tribes.

(Pub. L. 101–630, title III, §319, Nov. 28, 1990, 104

Stat. 4544.)

§ 3119. Severability

If any provision of this chapter, or the application of any provision of this chapter to any person or circumstance, is held invalid, the application of such provision or circumstance and the

remainder of this chapter shall not be affected

thereby.

(Pub. L. 101–630, title III, §320, Nov. 28, 1990, 104

Stat. 4544.)

§ 3120. Trust responsibility

Nothing in this chapter shall be construed to

diminish or expand the trust responsibility of

the United States toward Indian forest lands, or

any legal obligation or remedy resulting therefrom.

(Pub. L. 101–630, title III, §321, Nov. 28, 1990, 104

Stat. 4544.)

CHAPTER 34—INDIAN CHILD PROTECTION

AND FAMILY VIOLENCE PREVENTION

Sec.

3201. Findings and purpose.

(a) Findings.

(b) Purpose.

3202. Definitions.

3203. Reporting procedures.

(a) Omitted.

(b) Notification of child abuse reports.

(c) Written report of child abuse.

(d) Confidentiality of informant.

3204. Central registry.

(a) Preparation of study.

(b) Content of study.