Page 695 TITLE 25—INDIANS § 3746

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 of 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 the purposes of sections 2671 through 2680 of

title 28 and sections 8101 through 8193 of title 5.

(c) Savings clause

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. 103–177, title II, §203, Dec. 3, 1993, 107

Stat. 2021.)

§ 3734. 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 subchapter,

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 that was

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 Secretary of the Treasury.

(Pub. L. 103–177, title II, §204, Dec. 3, 1993, 107

Stat. 2022.)

SUBCHAPTER III—GENERAL PROVISIONS

§ 3741. Regulations

Except as otherwise provided by this chapter,

the Secretary shall promulgate final regulations

for the implementation of this chapter within 24

months after December 3, 1993. All regulations

promulgated pursuant to this chapter shall be

developed by the Secretary with the participation of the affected Indian tribes.

(Pub. L. 103–177, title III, §301, Dec. 3, 1993, 107

Stat. 2022.)

§ 3742. Trust responsibility

Nothing in this chapter shall be construed to

diminish or expand the trust responsibility of

the United States toward Indian trust lands or

natural resources, or any legal obligation or

remedy resulting therefrom.

(Pub. L. 103–177, title III, §302, Dec. 3, 1993, 107

Stat. 2022.)

§ 3743. 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. 103–177, title III, §303, Dec. 3, 1993, 107

Stat. 2022.)

§ 3744. Federal, State and local authority

(a) Disclaimer

Nothing in this chapter shall be construed to

supersede or limit the authority of Federal,

State or local agencies otherwise authorized by

law to provide services to Indians.

(b) Duplication of services

The Secretary shall work with all appropriate

Federal departments and agencies to avoid duplication of programs and services currently

available to Indian tribes and landowners from

other sources.

(Pub. L. 103–177, title III, §304, Dec. 3, 1993, 107

Stat. 2022.)

§ 3745. Authorization of appropriations

(a) General authorization

There are authorized to be appropriated such

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

(b) Funding source

The activities required under subchapter II of

this chapter may only be funded from appropriations made pursuant to this chapter. To the

greatest extent possible, such activities shall be

coordinated with activities funded from other

sources.

(Pub. L. 103–177, title III, §305, Dec. 3, 1993, 107

Stat. 2023.)

§ 3746. Tribal immunity

Nothing in this chapter shall be construed to

affect, modify, diminish, or otherwise impair the

sovereign immunity from suit enjoyed by Indian

tribes.

(Pub. L. 103–177, title III, §306, as added Pub. L.

103–435, §12(b), Nov. 2, 1994, 108 Stat. 4572.)

CHAPTER 40—INDIAN DAMS SAFETY

Sec.

3801. Findings.

3802. Definitions.

3803. Dam Safety Maintenance and Repair Program.

(a) Establishment.

(b) Transfer of existing functions and

personnel.

(c) Rehabilitation.

(d) Maintenance action plan.

(e) Identification of dams.