§ 3325 TITLE 25—INDIANS Page 672

or local agency or instrumentality or by a

nonprofit or for-profit private institution or

organization; and

(3) may obtain the benefits of a waiver or

suspension in accordance with the requirements of subsection (c) of this section.

(c) Waiver and suspension of service agreement

(1) Waiver

An Indian tribe or tribal organization may,

by formal action, waive the service agreement

of an Indian student for just cause, as determined in accordance with regulations prescribed by the Secretary. The tribe or organization shall notify the Secretary in writing of

any waiver granted under this subsection.

(2) Suspension

The obligation of a student to perform services under a critical area service agreement—

(A) shall be suspended for not more than 18

months if, at the request of the student, the

tribe or organization determines that there

are no employment opportunities available

in any critical service area; and

(B) shall be suspended if the student ceases

to attend an institution of higher education

as a consequence of an institutional determination of unsatisfactory performance.

If, at the end of a period of suspension under

subparagraph (A), there are still no employment opportunities available in any critical

service area, the student’s obligations under

the agreement shall terminate. A suspension

under subparagraph (B) shall be reviewed by

the tribe or organization annually, but may be

continued indefinitely.

(d) Pro rata reduction for partial services

The Secretary shall, by regulation, provide for

the pro rata reduction of repayment obligations

under subsection (a)(2) of this section in the case

of any student who partially completes the service obligation of that student under subsection

(a)(2)(A) of this section.

(e) Certification of service

An Indian tribe or tribal organization receiving services under a critical area service agreement—

(1) shall establish procedures for monitoring

and evaluating the provisions of this subchapter, and provide a copy of such procedures

to the Secretary and to each individual providing services under a critical area service

agreement;

(2) shall annually certify to the Secretary

the identities of the individuals performing

service under such agreements; and

(3) shall annually certify to the Secretary

the amount of service performed, and the

amount remaining to be performed, by each

such individual under such agreements.

(Pub. L. 102–325, title XIII, §1324, July 23, 1992,

106 Stat. 803.)

REFERENCES IN TEXT

Section 3323(b) of this title, referred to in subsec.

(a)(2)(A), was in the original a reference to ‘‘section

1322(b)’’, meaning section 1322(b) of Pub. L. 102–325,

which has been translated as reading section 1323(b) of

Pub. L. 102–325 to reflect the probable intent of Congress because section 1322 does not have a subsec. (b)

and section 1323(b) relates to designation of critical

areas by tribes.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3323 of this title.

§ 3325. General provisions

(a) Application of existing procedures

Except as provided in subsection (b) of this

section, the requirements relating to student

eligibility, needs analysis, and determination of

eligibility for the program to be attended regularly incorporated by reference into contracts

under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 450 et seq.] for

tribal operation of higher education grant programs prior to January 1, 1991, shall apply.

(b) Additional, excess, and incremental costs

The tribe or tribal organization may establish

in writing, subject to the review of the Secretary, procedures for determining additional,

excess, or inducement costs to be associated

with grants for critical area service agreements.

(Pub. L. 102–325, title XIII, §1325, July 23, 1992,

106 Stat. 805.)

REFERENCES IN TEXT

The Indian Self-Determination and Education Assistance Act, referred to in subsec. (a), 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.

SUBCHAPTER III—TRIBAL DEVELOPMENT

STUDENT ASSISTANCE REVOLVING LOAN

PROGRAM

§ 3331. Short title

This subchapter may be cited as the ‘‘Tribal

Development Student Assistance Act’’.

(Pub. L. 102–325, title XIII, §1341, July 23, 1992,

106 Stat. 809.)

§ 3332. Findings; purposes

(a) Findings

The Congress finds that—

(1) a substantial number of Indian students

have partially completed their degrees in postsecondary education, but have been unable, for

a number of reasons, to complete the degrees;

(2) in at least some measure these students

have been supported by tribal funds or grants

of Federal monies administered by the Bureau

of Indian Affairs or tribes;

(3) the inability of the students to complete

these degrees has led to a hardship for the students and a loss of a potential pool of talent to

the tribes or tribal organizations which originally financed, at least in part, these efforts;

(4) this loss has crippled tribal efforts in the

areas of economic and social development;

(5) this failure to complete the postsecondary schooling has led to economic loss to the

tribes and the Federal Government which

could be remedied by completion of the

courses of study; and