Page 671 TITLE 25—INDIANS § 3324

1See References in Text note below.

dian Self Determination and Education Assistance Act [25 U.S.C. 450b(d), (e)].

(Pub. L. 102–325, title XIII, §1317, July 23, 1992,

106 Stat. 802.)

REFERENCES IN TEXT

The Indian Self-Determination Act, referred to in

subsec. (e), 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.

SUBCHAPTER II—CRITICAL NEEDS FOR

TRIBAL DEVELOPMENT

§ 3321. Short title

This subchapter may be cited as the ‘‘Critical

Needs for Tribal Development Act’’.

(Pub. L. 102–325, title XIII, §1321, July 23, 1992,

106 Stat. 803.)

§ 3322. Definitions

As used in this subchapter:

(1) The term ‘‘federally funded higher education assistance’’ means any grant assistance

provided to an Indian student from funds made

available for such purpose by contract or

grant to an Indian tribe from amounts appropriated under the authority of section 13 of

this title.

(2) The term ‘‘eligible Indian tribe or tribal

organization’’ means any Indian tribe or tribal

organization that qualifies to administer federally funded higher education assistance

under a contract pursuant to the Indian SelfDetermination and Education Assistance Act

[25 U.S.C. 450 et seq.] or under a grant pursuant to subchapter I of this chapter.

(3) The term ‘‘Indian’’ has the meaning given

such term in section 4(d) of the Indian Self Determination and Education Assistance Act [25

U.S.C. 450b(d)].

(Pub. L. 102–325, title XIII, §1322, July 23, 1992,

106 Stat. 803.)

REFERENCES IN TEXT

The Indian Self-Determination and Education Assistance Act, referred to in par. (2), is Pub. L. 93–638, Jan.

4, 1975, 88 Stat. 2203, as amended, which is classified

principally to subchapter II (§450 et seq.) 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.

§ 3323. Service conditions permitted

(a) In general

An eligible Indian tribe or tribal organization

may, in accordance with the requirements of

this subchapter, require any applicant for federally funded higher education assistance, as a

condition of receipt of such assistance, to enter

into a critical area service agreement in accordance with section 3324 of this title.

(b) Critical area designation

Any eligible Indian tribe or tribal organization that intends to require critical area service

agreements shall, by a formal action of the tribal council or its delegate, designate particular

occupational areas as critical areas for the economic or human development needs of the tribe

or its members. The tribe or organization shall

notify the Secretary of the Interior in writing of

such designated critical areas. Such designations shall be applicable to federally funded

higher education assistance for any fiscal year

following the fiscal year in which the designation is made until such designation is withdrawn

by the tribe or organization by formal action.

The tribe or organization shall notify the Secretary of the Interior in writing of any designations that are withdrawn.

(Pub. L. 102–325, title XIII, §1323, July 23, 1992,

106 Stat. 803.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3324 of this title.

§ 3324. Critical area service agreements

(a) Terms of agreements

A critical area service agreement shall be an

agreement between an Indian student who receives or who shall receive federally funded

higher education assistance and an Indian tribe

or tribal organization providing such assistance

in which the student agrees—

(1) to undertake a course of study at an eligible institution (as that term is defined in

section 1085(a) of title 20) in an area of critical

need, as determined under section 3323 of this

title, and to pursue that course of study to its

completion; and

(2)(A) to perform, for each academic year for

which the student receives federally funded

higher education assistance under a critical

area service agreement, one calendar year of

service to the tribe or organization in an occupation that is in a critical area designated by

the tribe pursuant to section 3323(b) 1 of this

title, commencing not later than 6 months

after the student ceases to carry at an institution of higher education at least one-half the

normal full-time academic workload as determined by the institution; or

(B) to repay such assistance to the Secretary, together with interest thereon at a

rate prescribed by the Secretary by regulation, in monthly or quarterly installments

over not more than 5 years.

(b) Service limitations and conditions

The tribe or tribal organization shall agree

that a student performing services under a critical area service agreement—

(1) shall be provided compensation, benefits,

and working conditions at the same level and

to the same extent as any other employee

working a similar length of time and doing the

same type of work;

(2) may be treated as providing services to

the tribe or organization if the student provides services for members of the tribe or organization that are approved by the tribe or

organization and agreed to by the student

even though such services are performed while

the student is employed by a Federal, State,