U.S. Code » Title 25 » Chapter CHAPTER 33— NATIONAL INDIAN FOREST RESOURCES MANAGEMENT

25 U.S.C. § 3116

Obligated service; breach of contract

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(a) Obligated service

Where an individual enters into an agreement for obligated service in return for financial assistance under any provision of this chapter, the Secretary shall adopt such regulations as are necessary to provide for the offer of employment to the recipient of such assistance as required by such provision. Where an offer of employment is not reasonably made, the regulations shall provide that such service shall no longer be required.

(b) Breach of contract; repayment

Where an individual fails to accept a reasonable 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 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 Treasurer of the United States.

(Pub. L. 101–630, title III, § 317, Nov. 28, 1990, 104 Stat. 4544.)
Notes of Decisions
Cited in 5 cases (5 in the last 5 years), 2021–2022 · leading case: Jermaine Jevon Howard v. Lucy Pearl (C.D. Cal. 2021).
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Jermaine Jevon Howard v. Lucy Pearl (C.D. Cal. 2021). · cites it 2× “Before that, though, Plaintiff must demonstrate that: (a) he is eligible for IFP status as previously requested; and (b) he is entitled to pursue his cause of action for an alleged violation of 25 U.S.C. § 3116 . IFP Application 3. The declaration supporting Plaintiff's IFP…”
Jermaine Jevon Howard v. Lucy Pearl (C.D. Cal. 2021). · cites it 2× “Before that, though, Plaintiff must demonstrate that: (a) he is eligible for IFP status as previously requested; and (b) he is entitled to pursue his cause of action for an alleged violation of 25 U.S.C. § 3116 . IFP Application 3. The declaration supporting Plaintiff's IFP…”
Williams v. Santander Consum. USA Holding Inc (N.D. Tex. 2022). · cites it 2× “B Defendants’ motion to dismiss under Rule 12(b)(1) challenges the court’s subject matter jurisdiction over Williams’ FDCPA claims, and also appears to contest Williams’ claim under 25 U.S.C. § 3116 (b). They contend that the court lacks subject matter jurisdiction over…”
Williams v. Santander Consum. USA Holding Inc (N.D. Tex. 2022). “)2 The pro se purchaser plaintiff filed this action under the Fair Debt Collection Practices Act (FDCPA), 25 U.S.C. § 3116 (b), 15 U.S.C. § 689n, and 15 U.”
Williams v. Santander Consum. USA Holding Inc (N.D. Tex. 2022). “)2 On February 24, 2022, the pro se purchaser plaintiff’s claims under the Fair Debt Collection Practices Act (FDCPA), 25 U.S.C. § 3116 (b), 15 U.S.C. § 689n, and 15 U.”
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