§ 3731. — Indian and Alaska Native agriculture management education assistance programs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC3731]
TITLE 25--INDIANS
CHAPTER 39--AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT
SUBCHAPTER II--EDUCATION IN AGRICULTURE MANAGEMENT
Sec. 3731. Indian and Alaska Native agriculture management
education assistance programs
(a) Agricultural resources intern program
(1) Notwithstanding the provisions of title 5 governing appointments
in the competitive service, the Secretary shall establish and maintain
in the Bureau or other appropriate office or bureau within the
Department of the Interior at least 20 agricultural resources intern
positions for Indian and Alaska Native students enrolled in an
agriculture study program. Such positions shall be in addition to the
forester intern positions authorized in section 3113(a) of this title.
(2) For purposes of this subsection--
(A) the term ``agricultural resources intern'' means an Indian
who--
(i) is attending an approved postsecondary school in a full-
time agriculture or related field, and
(ii) is appointed to one of the agricultural resources
intern positions established under paragraph (1);
(B) the term ``agricultural resources intern positions'' means
positions established pursuant to paragraph (1) for agricultural
resources interns; and
(C) the term ``agriculture study program'' includes (but is not
limited to) agricultural engineering, agricultural economics, animal
husbandry, animal science, biological sciences, geographic
information systems, horticulture, range management, soil science,
and veterinary science.
(3) The Secretary shall pay, by reimbursement or otherwise, all
costs for tuition, books, fees, and living expenses incurred by an
agricultural resources intern while attending an approved postsecondary
or graduate school in a full-time agricultural study program.
(4) An agricultural resources intern shall be required to enter into
an obligated service agreement with the Secretary to serve as an
employee in a professional agriculture or natural resources position
with the Department of the Interior or other Federal agency or an Indian
tribe for one year for each year of education for which the Secretary
pays the intern's educational costs under paragraph (3).
(5) An agricultural resources intern shall be required to report for
service with the Bureau of Indian Affairs or other bureau or agency
sponsoring his internship, or to a designated work site, during any
break in attendance at school of more than 3 weeks duration. Time spent
in such service shall be counted toward satisfaction of the intern's
obligated service agreement under paragraph (4).
(b) Cooperative education program
(1) The Secretary shall maintain, through the Bureau, a cooperative
education program for the purpose, among other things, of recruiting
Indian and Alaska Native students who are enrolled in secondary schools,
tribally controlled community colleges, and other postsecondary or
graduate schools, for employment in professional agricultural or related
positions with the Bureau or other Federal agency providing Indian
agricultural or related services.
(2) The cooperative educational program under paragraph (1) shall be
modeled after, and shall have essentially the same features as, the
program in effect on December 3, 1993, pursuant to chapter 308 of the
Federal Personnel Manual of the Office of Personnel Management.
(3) The cooperative educational program shall include, among others,
the following:
(A) The Secretary shall continue the established specific
programs in agriculture and natural resources education at
Southwestern Indian Polytechnic Institute (SIPI) and at Haskell
Indian Junior College.
(B) The Secretary shall develop and maintain a cooperative
program with the tribally controlled community colleges to
coordinate course requirements, texts, and provide direct technical
assistance so that a significant portion of the college credits in
both the Haskell and Southwestern Indian Polytechnic Institute
programs can be met through local program work at participating
tribally controlled community colleges.
(C) Working through tribally controlled community colleges and
in cooperation with land grant institutions, the Secretary shall
implement an informational and educational program to provide
practical training and assistance in creating or maintaining a
successful agricultural enterprise, assessing sources of commercial
credit, developing markets, and other subjects of importance in
agricultural pursuits.
(D) Working through tribally controlled community colleges and
in cooperation with land grant institutions, the Secretary shall
implement research activities to improve the basis for determining
appropriate management measures to apply to Indian agricultural
management.
(4) Under the cooperative agreement program under paragraph (1), the
Secretary shall pay, by reimbursement or otherwise, all costs for
tuition, books, and fees of an Indian student who--
(A) is enrolled in a course of study at an education institution
with which the Secretary has entered into a cooperative agreement;
and
(B) is interested in a career with the Bureau, an Indian tribe
or a tribal enterprise in the management of Indian rangelands,
farmlands, or other natural resource assets.
(5) A recipient of assistance under the cooperative education
program under this subsection shall be required to enter into an
obligated service agreement with the Secretary to serve as a
professional in an agricultural resource related activity with the
Bureau, or other Federal agency providing agricultural or related
services to Indians or Indian tribes, or an Indian tribe for one year
for each year for which the Secretary pays the recipients educational
costs pursuant to paragraph (3).
(c) Scholarship program
(1) The Secretary may grant scholarships to Indians enrolled in
accredited agriculture related programs for postsecondary and graduate
programs of study as full-time students.
(2) A recipient of a scholarship under paragraph (1) shall be
required to enter into an obligated service agreement with the Secretary
in which the recipient agrees to accept employment for one year for each
year the recipient received a scholarship, following completion of the
recipients course of study, with--
(A) the Bureau or other agency of the Federal Government
providing agriculture or natural resource related services to
Indians or Indian tribes;
(B) an agriculture or related program conducted under a
contract, grant, or cooperative agreement entered into under the
Indian Self-Determination and Education Assistance Act [25 U.S.C.
450 et seq.]; or
(C) a tribal agriculture or related program.
(3) The Secretary shall not deny scholarship assistance under this
subsection solely on the basis of an applicant's scholastic achievement
if the applicant has been admitted to and remains in good standing in an
accredited post secondary \1\ or graduate institution.
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\1\ So in original. Probably should be ``postsecondary''.
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(d) Educational outreach
The Secretary shall conduct, through the Bureau, and in consultation
with other appropriate local, State and Federal agencies, and in
consultation and coordination with Indian tribes, an agricultural
resource education outreach program for Indian youth to explain and
stimulate interest in all aspects of management and careers in Indian
agriculture and natural resources.
(e) Adequacy of programs
The Secretary shall administer the programs described in this
section until a sufficient number of Indians are trained to ensure that
there is an adequate number of qualified, professional Indian
agricultural resource managers to manage the Bureau agricultural
resource programs and programs maintained by or for Indian tribes.
(Pub. L. 103-177, title II, Sec. 201, Dec. 3, 1993, 107 Stat. 2018.)
References in Text
The provisions of title 5 governing appointments in the competitive
service, referred to in subsec. (a)(1), are classified generally to
section 3301 et seq. of Title 5, Government Organization and Employees.
The Indian Self-Determination and Education Assistance Act, referred
to in subsec. (c)(2)(B), is Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203,
as amended, which is classified principally to subchapter II (Sec. 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.
Haskell Indian Nations University and Southwestern Indian Polytechnic
Institute Administrative Systems
Pub. L. 105-337, Oct. 31, 1998, 112 Stat. 3171, provided that:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Haskell Indian Nations University
and Southwestern Indian Polytechnic Institute Administrative Systems Act
of 1998'.
``SEC. 2. FINDINGS.
``The Congress finds that--
``(1) the provision of culturally sensitive curricula for higher
education programs at Haskell Indian Nations University and the
Southwestern Indian Polytechnic Institute is consistent with the
commitment of the Federal Government to the fulfillment of treaty
obligations to Indian tribes through the principle of self-
determination and the use of Federal resources; and
``(2) giving a greater degree of autonomy to those institutions,
while maintaining them as an integral part of the Bureau of Indian
Affairs, will facilitate--
``(A) the transition of Haskell Indian Nations University to
a 4-year university; and
``(B) the administration and improvement of the academic
program of the Southwestern Indian Polytechnic Institute.
``SEC. 3. DEFINITIONS; APPLICABILITY.
``(a) Definitions.--For purposes of this Act:
``(1) Secretary.--The term `Secretary' means the Secretary of
the Interior.
``(2) Employee.--The term `employee', with respect to an
institution named in subsection (b), means an individual employed in
or under such institution.
``(3) Eligible.--The term `eligible' means an individual who has
qualified for appointment in the institution involved and whose name
has been entered on the appropriate register or list of eligibles.
``(4) Demonstration project.--The term `demonstration project'
means a project conducted by or under the supervision of an
institution named in subsection (b) to determine whether specified
changes in personnel management policies or procedures would result
in improved personnel management.
``(b) Applicability.--This Act applies to--
``(1) Haskell Indian Nations University, located in Lawrence,
Kansas; and
``(2) Southwestern Indian Polytechnic Institute, located in
Albuquerque, New Mexico.
``SEC. 4. AUTHORITY.
``(a) In General.--Each institution named in section 3(b) may
conduct a demonstration project in accordance with the provisions of
this Act. The conducting of any such demonstration project shall not be
limited by any lack of specific authority under title 5, United States
Code, to take the action contemplated, or by any provision of such title
or any rule or regulation prescribed under such title which is
inconsistent with the action, including any provision of law, rule, or
regulation relating to--
``(1) the methods of establishing qualification requirements
for, recruitment for, and appointment to positions;
``(2) the methods of classifying positions and compensating
employees;
``(3) the methods of assigning, reassigning, or promoting
employees;
``(4) the methods of disciplining employees;
``(5) the methods of providing incentives to employees,
including the provision of group or individual incentive bonuses or
pay;
``(6) the hours of work per day or per week;
``(7) the methods of involving employees, labor organizations,
and employee organizations in personnel decisions; and
``(8) the methods of reducing overall staff and grade levels.
``(b) Consultation and Other Requirements.--Before commencing a
demonstration project under this Act, the president of the institution
involved shall--
``(1) in consultation with the board of regents of the
institution and such other persons or representative bodies as the
president considers appropriate, develop a plan for such project
which identifies--
``(A) the purposes of the project;
``(B) the types of employees or eligibles to be included
(categorized by occupational series, grade, or organizational
unit);
``(C) the number of employees or eligibles to be included
(in the aggregate and by category);
``(D) the methodology;
``(E) the duration;
``(F) the training to be provided;
``(G) the anticipated costs;
``(H) the methodology and criteria for evaluation,
consistent with subsection (f );
``(I) a specific description of any aspect of the project
for which there is a lack of specific authority; and
``(J) a specific citation to any provision of law, rule, or
regulation which, if not waived, would prohibit the conducting
of the project, or any part of the project as proposed;
``(2) publish the plan in the Federal Register;
``(3) submit the plan so published to public hearing;
``(4) at least 180 days before the date on which the proposed
project is to commence, provide notification of such project to--
``(A) employees likely to be affected by the project; and
``(B) each House of Congress;
``(5) at least 90 days before the date on which the proposed
project is to commence, provide each House of Congress with a report
setting forth the final version of the plan; and
``(6) at least 60 days before the date on which the proposed
project is to commence, inform all employees as to the final version
of the plan, including all information relevant to the making of an
election under subsection (h)(2)(A).
``(c) Limitations.--No demonstration project under this Act may--
``(1) provide for a waiver of--
``(A) any provision of law, rule, or regulation providing
for--
``(i) equal employment opportunity;
``(ii) Indian preference; or
``(iii) veterans' preference;
``(B) any provision of chapter 23 of title 5, United States
Code, or any other provision of such title relating to merit
system principles or prohibited personnel practices, or any rule
or regulation prescribed under authority of any such provision;
or
``(C) any provision of subchapter II or III of chapter 73 of
title 5, United States Code, or any rule or regulation
prescribed under authority of any such provision;
``(2) impose any duty to engage in collective bargaining with
respect to--
``(A) classification of positions; or
``(B) pay, benefits, or any other form of compensation; or
``(3) provide that any employee be required to pay dues or fees
of any kind to a labor organization as a condition of employment.
``(d) Commencement and Termination Dates.--Each demonstration
project under this Act--
``(1) shall commence within 2 years after the date of enactment
of this Act [Oct. 31, 1998]; and
``(2) shall terminate by the end of the 5-year period beginning
on the date on which such project commences, except that the project
may continue beyond the end of such 5-year period--
``(A) to the extent necessary to validate the results of the
project; and
``(B) to the extent provided for under subsection (h)(2)(B).
``(e) Discretionary Authority To Terminate.--A demonstration project
under this Act may be terminated by the Secretary or the president of
the institution involved if either determines that the project creates a
substantial hardship on, or is not in the best interests of, the
institution and its educational goals.
``(f) Evaluation.--
``(1) In general.--The Secretary shall provide for an evaluation
of the results of each demonstration project under this Act and its
impact on improving public management.
``(2) Information.--Upon request of the Secretary, an
institution named in section 3(b) shall cooperate with and assist
the Secretary, to the extent practicable, in any evaluation
undertaken under this subsection and provide the Secretary with
requested information and reports relating to the conducting of its
demonstration project.
``(g) Role of the Office of Personnel Management.--Upon request of
the Secretary or the president of an institution named in section 3(b),
the Office of Personnel Management shall furnish information or
technical advice on the design, operation, or evaluation, or any other
aspect of a demonstration project under this Act.
``(h) Applicability.--
``(1) In general.--Except as otherwise provided in this
subsection, all applicants for employment with, all eligibles and
employees of, and all positions in or under an institution named in
section 3(b) shall be subject to inclusion in a demonstration
project under this Act.
``(2) Provisions relating to certain benefits.--
``(A) Option for certain individuals to remain under current
law governing certain benefits.--
``(i) Eligible individuals.--This subparagraph applies
in the case of any individual who, as of the day before the
date on which a demonstration project under this Act is to
commence at an institution--
``(I) is an employee of such institution; and
``(II) if benefits under subchapter III of chapter 83 or
chapter 84 of title 5, United States Code, are to be
affected, has completed at least 1 year of Government
service (whether with such institution or otherwise),
but taking into account only civilian service creditable
under subchapter III of chapter 83 or chapter 84 of such
title.
``(ii) Option.--If a demonstration project is to include
changes to any benefits under subpart G of part III of title
5, United States Code, an employee described in clause (i)
shall be afforded an election not to become subject to such
demonstration project, to the extent those benefits are
involved (and to instead remain subject to the provisions of
such subpart G as if this Act had not been enacted).
``(B) Continuation of certain alternative benefit systems
after demonstration project terminates for persons becoming
subject thereto under the project.--Notwithstanding any other
provision of this Act, the termination of a demonstration
project shall not, in the case of any employee who becomes
subject to a system of alternative benefits under this Act (in
lieu of benefits that would otherwise be determined under
subpart G of part III of title 5, United States Code), have the
effect of terminating--
``(i) any rights accrued by that individual under the
system of alternative benefits involved; or
``(ii) the system under which those alternative benefits
are afforded, to the extent continuation of such system
beyond the termination date is provided for under the terms
of the demonstration project (as in effect on the
termination date).
``(3) Transition provisions.--
``(A) Retention of annual and sick leave accrued before
becoming subject to demonstration project.--Any individual
becoming subject to a demonstration project under this Act
shall, in a manner consistent with the requirements of section
6308 of title 5, United States Code, be credited with any annual
leave and any sick leave standing to such individual's credit
immediately before becoming subject to the project.
``(B) Provisions relating to credit for leave upon
separating while the demonstration project is still ongoing.--
Any demonstration project under this Act shall include
provisions consistent with the following:
``(i) Lump-sum credit for annual leave.--In the case of
any individual who, at the time of becoming subject to the
demonstration project, has any leave for which a lump-sum
payment might be paid under subchapter VI of chapter 55 of
title 5, United States Code, such individual shall, if such
individual separates from service (in the circumstances
described in section 5551 or 5552 of such title 5, as
applicable) while the demonstration project is still
ongoing, be entitled to a lump-sum payment under such
section 5551 or 5552 (as applicable) based on the amount of
leave standing to such individual's credit at the time such
individual became subject to the demonstration project or
the amount of leave standing to such individual's credit at
the time of separation, whichever is less.
``(ii) Retirement credit for sick leave.--In the case of
any individual who, at the time of becoming subject to the
demonstration project, has any sick leave which would be
creditable under section 8339(m) of title 5, United States
Code (had such individual then separated from service), any
sick leave standing to such individual's credit at the time
of separation shall, if separation occurs while the
demonstration project is still ongoing, be so creditable,
but only to the extent that it does not exceed the amount of
creditable sick leave that stood to such individual's credit
at the time such individual became subject to the
demonstration project.
``(C) Transfer of leave remaining upon transfer to another
agency.--In the case of any employee who becomes subject to the
demonstration project and is subsequently transferred or
otherwise appointed (without a break in service of 3 days or
longer) to another position in the Federal Government or the
government of the District of Columbia under a different leave
system (whether while the project is still ongoing or
otherwise), any leave remaining to the credit of that individual
which was earned or credited under the demonstration project
shall be transferred to such individual's credit in the new
employing agency on an adjusted basis under regulations
prescribed under section 6308 of title 5, United States Code.
Any such regulations shall be prescribed taking into account the
provisions of subparagraph (B).
``(D) Collective-bargaining agreements.--Any collective-
bargaining agreement in effect on the day before a demonstration
project under this Act commences shall continue to be recognized
by the institution involved until the earlier of--
``(i) the date occurring 3 years after the commencement
date of the project;
``(ii) the date as of which the agreement is scheduled
to expire (disregarding any option to renew); or
``(iii) such date as may be determined by mutual
agreement of the parties.
``SEC. 5. DELEGATION OF PROCUREMENT AUTHORITY.
``The Secretary shall, to the maximum extent consistent with
applicable law and subject to the availability of appropriations
therefor, delegate to the presidents of the respective institutions
named in section 3(b) procurement and contracting authority with respect
to the conduct of the administrative functions of such institution.
``SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated, for fiscal year 1999, and
each fiscal year thereafter, to each of the respective institutions
named in section 3(b)--
``(1) the amount of funds made available by appropriations as
operations funding for the administration of such institution for
fiscal year 1998; and
``(2) such additional sums as may be necessary for the operation
of such institution pursuant to this Act.
``SEC. 7. REGULATIONS.
``The president of each institution named in section 3(b) may, in
consultation with the appropriate entities (referred to in section
4(b)(1)), prescribe any regulations necessary to carry out this Act.
``SEC. 8. LEGISLATION TO MAKE CHANGES PERMANENT.
``Not later than 6 months before the date on which a demonstration
project under this Act is scheduled to expire, the institution
conducting such demonstration project shall submit to each House of
Congress--
``(1) recommendations as to whether or not the changes under
such project should be continued or made permanent; and
``(2) proposed legislation for any changes in law necessary to
carry out any such recommendations.''
