25 U.S.C. § 3731: Indian and Alaska Native agriculture management education assistance programs

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 . is attending an approved postsecondary school in a full-time agriculture or related field, and is appointed to one of the agricultural resources intern positions established under paragraph (1); the term “agricultural resources intern positions” means positions established pursuant to paragraph (1) for agricultural resources interns; and 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. 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. 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). 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). 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. 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. 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. 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. 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. 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. is enrolled in a course of study at an education institution with which the Secretary has entered into a cooperative agreement; and 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. 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). The Secretary may grant scholarships to Indians enrolled in accredited agriculture related programs for postsecondary and graduate programs of study as full-time students. the Bureau or other agency of the Federal Government providing agriculture or natural resource related services to Indians or Indian tribes; 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. 5301 et seq.]; or a tribal agriculture or related program. 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. 1 So in original. Probably should be “postsecondary”. 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. 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. “This Act may be cited as the ‘Haskell Indian Nations University and Southwestern Indian Polytechnic Institute Administrative Systems Act of 1998’. 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 the transition of Haskell Indian Nations University to a 4-year university; and the administration and improvement of the academic program of the Southwestern Indian Polytechnic Institute. The term ‘Secretary’ means the Secretary of the Interior. The term ‘employee’, with respect to an institution named in subsection (b), means an individual employed in or under such institution. 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. 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. Haskell Indian Nations University, located in Lawrence, Kansas; and Southwestern Indian Polytechnic Institute, located in Albuquerque, New Mexico. the methods of establishing qualification requirements for, recruitment for, and appointment to positions; the methods of classifying positions and compensating employees; the methods of assigning, reassigning, or promoting employees; the methods of disciplining employees; the methods of providing incentives to employees, including the provision of group or individual incentive bonuses or pay; the hours of work per day or per week; the methods of involving employees, labor organizations, and employee organizations in personnel decisions; and the methods of reducing overall staff and grade levels. the purposes of the project; the types of employees or eligibles to be included (categorized by occupational series, grade, or organizational unit); the number of employees or eligibles to be included (in the aggregate and by category); the methodology; the duration; the training to be provided; the anticipated costs; the methodology and criteria for evaluation, consistent with subsection (f ); a specific description of any aspect of the project for which there is a lack of specific authority; and 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; publish the plan in the Federal Register; submit the plan so published to public hearing; employees likely to be affected by the project; and each House of Congress; 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 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). equal employment opportunity; Indian preference; or veterans’ preference; 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 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; classification of positions; or pay, benefits, or any other form of compensation; or provide that any employee be required to pay dues or fees of any kind to a labor organization as a condition of employment. shall commence within 2 years after the date of enactment of this Act [ Oct. 31, 1998 ]; and to the extent necessary to validate the results of the project; and to the extent provided for under subsection (h)(2)(B). 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. The Secretary shall provide for an evaluation of the results of each demonstration project under this Act and its impact on improving public management. 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. 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. 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. is an employee of such institution; and 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. 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). any rights accrued by that individual under the system of alternative benefits involved; or 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). 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. 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. 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. 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). the date occurring 3 years after the commencement date of the project; the date as of which the agreement is scheduled to expire (disregarding any option to renew); or such date as may be determined by mutual agreement of the parties. “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. the amount of funds made available by appropriations as operations funding for the administration of such institution for fiscal year 1998; and such additional sums as may be necessary for the operation of such institution pursuant to this Act. “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. recommendations as to whether or not the changes under such project should be continued or made permanent; and proposed legislation for any changes in law necessary to carry out any such recommendations.”