25 U.S.C. § 3734 — Obligated service; breach of contract

Page 612 TITLE 25—INDIANS § 3733 (b) Postgraduate intergovernmental internships For the purposes of training, skill develop- ment and orientation of Indian and Federal agri- cultural management personnel, and the en- hancement of tribal and Bureau agricultural re- source programs, the Secretary shall establish and actively conduct a program for the coopera- tive internship of Federal and Indian agricul- tural resource personnel. Such program shall— (1) for agencies within the Department of the Interior— (A) provide for the internship of Bureau and Indian agricultural resource employees in the agricultural resource related pro- grams of other agencies of the Department of the Interior, and (B) provide for the internship of agricul- tural resource personnel from the other De- partment of the Interior agencies within the Bureau, and, with the consent of the tribe, within tribal agricultural resource pro- grams; (2) for agencies not within the Department of the Interior, provide, pursuant to an inter- agency agreement, internships within the Bu- reau and, with the consent of the tribe, within a tribal agricultural resource program of other agricultural resource personnel of such agen- cies 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 par- ticipating Indian agricultural resource em- ployees by the host agency; and (5) provide for a bonus pay incentive at the conclusion of the internship for any partici- pant. (c) Continuing education and training The Secretary shall maintain a program with- in the Trust Services Division of the Bureau for Indian agricultural resource personnel which shall provide for— (1) orientation training for Bureau agricul- tural resource personnel in tribal-Federal rela- tions and responsibilities; (2) continuing technical agricultural re- source education for Bureau and Indian agri- cultural resource personnel; and (3) development training of Indian agricul- tural resource personnel in agricultural re- source based enterprises and marketing. (Pub. L. 103–177, title II, § 202, Dec. 3, 1993, 107 Stat. 2020.) § 3733. Cooperative agreement between Depart- ment of the Interior and Indian tribes (a) Cooperative agreements (1)(A) To facilitate the administration of the programs and activities of the Department of the Interior, the Secretary may negotiate and enter into cooperative agreements with Indian tribes to— (i) engage in cooperative manpower and job training, (ii) develop and publish cooperative agricul- tural education and resource planning mate- rials, and (iii) perform land and facility improvements and other activities related to land and nat- ural resource management and development. (B) The Secretary may enter into these agree- ments when the Secretary determines the inter- est of Indians and Indian tribes will be bene- fited. (2) In cooperative agreements entered into under paragraph (1), the Secretary may advance or reimburse funds to contractors from any ap- propriated funds available for similar kinds of work or by furnishing or sharing materials, sup- plies, 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 author- ized 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 as- sistance under any provision of this subchapter, the Secretary shall adopt such regulations as are necessary to provide for the offer of employ- ment to the recipient of such assistance as re- quired by such provision. Where an offer of em- ployment is not reasonably made, the regula- tions shall provide that such service shall no longer be required. (b) Breach of contract; repayment Where an individual fails to accept a reason- able 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