Page:United States Statutes at Large Volume 106 Part 1.djvu/846

 106 STAT. 814 PUBLIC LAW 102-325—JULY 23, 1992 (b) REPAYMENTS. —Each tribal member found by the Secretary of Education to be in noncompliance with the agreement pursuant to subsection (a)(2) shall be required to repay— (1) 100 percent of the total emaount of scholarships awarded under this p£urt if such tribal member does not work pursuant to such agreement; or (2) a pro rata portion of the total amount of scholarships awarded under this part, as determined by the Secretary of Education, if such tribal member worked pursuant to such agreement but less than the time period required thereunder. (c) WAIVER AND SUSPENSION OF SERVICE AGREEMENT. — (1) WAIVER. —^A federally recognized Indian tribe may, by formal action, waive the service agreement of a tribal member for just cause, as determined in accordance with regulations prescribed by the Secretary. The tribe shall notify the Secretary in writing of any waiver granted under this subsection. (2) SUSPENSION. —The obligation of a tribal member to perform services under this part— (A) shall be suspended for not more than 18 months if, at the request of the tribal member, the tribe determines that there are no employment opportunities available in any applicable area; and (B) shall be suspended if the tribal member 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 Ailfili the requirements of this part, the tribal member's obligations under the agreement shall terminate. A suspension under subparagraph (B) shall be reviewed by the tribe annually, but may be continued indefinitely. (d) DISCLAIMER. —No scholarship awarded pursuant to this part shall be considered in determining eligibility for student assistance under title IV of the Higher Education Act of 1965. (e) LIMITATION.— Any tribal member selected by an Indian tribe to receive a scholarship \mder this part shall be eligible to receive a $10,000 scholarship for each academic year of postsecondary education, except that no such member shall receive scholarship assistance under this part for more than 4 years of postsecondary education (including postbaccalaureate). (f) COST OF ATTENDANCE.— Calculation of the cost of attendance for the tribal member shall include all costs as determined by the tribe for the purposes of fulfilling the poUcy of this part. (g) ADDITIONAL REQUIREMENTS.— Any tribal member seeking a loan under this part shall apply for and accept the maximum financial aid available from other sources. However, for purposes of determining eligibility, loans provided under this program may not be considered in needs analysis under any other Federal law, and may not penalize tribal members in determining eligibility for other funds. (h) APPLICATIONS FOR ASSISTANCE.— Any federally recognized Indian tribe desiring a grant under this part shad submit an application to the Secretary of Education at such time, in such manner, and containing such information as the Secretary may reasonably require. Each such application shall—

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