Page:United States Statutes at Large Volume 102 Part 1.djvu/409

 PUBLIC LAW 100-297—APR. 28, 1988

102 STAT. 371

available to the contract school without fiscal year limitation and without diminishing the amount of any grants otherwise payable to the school under this section for any fiscal year beginning after the fiscal year for which the grant is provided. "(3) Funds received as grants under this section for Bureau funded programs operated by a tribe or tribal organization under a contract or agreement shall not be taken into consideration for purposes of indirect cost underrecovery and overrecovery determinations by any Federal agency for any other funds, from whatever source derived. "(e) For purposes of this section— "(1)(A) The term 'administrative cost' means the costs of necessary administrative functions which— "(i) the tribe or tribal organization incurs as a result of operating a tribal elementary or secondary educational program, "(ii) are not customarily paid by comparable Bureau operated programs out of direct program funds, and "(iii) are either— "(I) normally provided for comparable Bureau programs by Federal officials using resources other than Bureau direct program funds, or "(II) are otherwise required of tribal self-determination program operators by law or prudent management practice. "(B) The term 'administrative cost' may include, but is not necessarily limited to— "(i) contract (or other agreement) administration; "(ii) executive, policy, and corporate leadership and decisionmaking; "(iii) program planning, development, and management; "(iv) fiscal, personnel, property, and procurement management; "(v) related office services and record keeping; and "(vi) costs of necessary insurance, auditing, legal, safety and security services. "(2) The term 'Bureau elementary and secondary functions' means— "(A) all functions funded at Bureau schools by the Office of Indian Education Programs of the Bureau; "(B) all programs— "(i) funds for which are appropriated to other agencies of the Federal Government, and "(ii) which are administered for the benefit of Indians through Bureau schools; and "(C) all operation, maintenance, and repair funds for facilities and government quarters used in the operation or support of elementary and secondary education functions for the benefit of Indians, from whatever source derived. "(3) The term 'tribal elementary or secondary educational programs' means all Bureau elementary and secondary functions, together with any other Bureau programs or portions of programs (excluding funds for social services that are appropriated to agencies other than the Bureau and are expended through the Bureau, funds for major subcontracts, construction, and other major capital expenditures, and unexpended funds carried over from prior years) which share common administra-

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