§ 3336 TITLE 25—INDIANS Page 674

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3334 of this title.

§ 3336. Service fulfillment and conditions; repayments; waivers

(a) Service agreement required

(1) In general

Prior to receipt of a loan under this subchapter, the tribe or tribal organization and

the eligible recipient shall enter into a written

agreement, subject to the conditions of this

section, which commits the recipient—

(A) to perform, for each academic year for

which the student receives assistance under

this subchapter one calendar year of service

to the tribe or organization in an occupation

related to the course of study pursued and

an economic or social development plan developed by the tribe or tribal organization,

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 to the tribe or tribal organization the full amount of the loan, in monthly

or quarterly installments over not more

than 5 years.

(2) Report requirement

Funds recovered pursuant to paragraph

(1)(B) shall be reported annually to the Secretary and invested in the account established

under section 3333 of this title.

(b) Service limitations and conditions

The tribe or tribal organization shall agree

that a student performing services under this

subchapter—

(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,

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 this subchapter—

(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 applicable 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 which fulfill the

requirements of this subchapter, 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)(B) 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 this subchapter—

(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, §1346, July 23, 1992,

106 Stat. 811.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3333, 3335, 3337

of this title.

§ 3337. Administration

(a) Regulations

The Secretary shall establish, by regulation,

an application process containing such requirements as the Secretary deems necessary for purposes of making grants to eligible entities under

this subchapter, providing that the Secretary

shall take into account in reviewing applications under this subchapter the number of students with partial completion identified by the

applicant, relative to the total number of the

members of tribe which would be benefited by

provision of services under section 3336 of this

title, and shall attempt to achieve geographic

and demographic diversity in grants made under

this subchapter.

(b) Grant procedures

(1) In general

Subject to the availability of funds and acceptable applications, the Secretary shall