Page:United States Statutes at Large Volume 102 Part 1.djvu/412

 102 STAT. 374

PUBLIC LAW 100-297—APR. 28, 1988

priated to carry out this section for such fiscal year, the Secretary shall reduce the amount of each grant determined under subsection (b) for such fiscal year by an amount that bears the same relationship to such excess as the amount of such grant determined under subsection (b) bears to the total of all grants determined under subsection (b) for all tribes and tribal organizations for such fiscal year. "(h)(1) Notwithstanding any other provision of this section, the amount of the grants provided under this section for fiscal year 1989 shall— "(A) in lieu of being determined under subsection (b), be determined for each tribal elementary or secondary educational program on the same basis that indirect costs were determined for such programs for fiscal year 1988, and "(B) be subject to the provisions of subsection (d). "(2) Notwithstanding any other provision of this section, the amount of the grant provided under this section for fiscal year 1990 with respect to each tribal elementary and secondary educational program that was operated by a tribe or tribal organization in fiscal year 1989 shall be equal to— "(A) if the amount of the grant determined under subsection (b) for fiscal year 1990 with respect to such program exceeds the amount received by the tribe or tribal organization with respect to such program for administrative costs for fiscal year 1988 (or fiscal year 1989 if such program was not operated by the tribe or tribal organization during fiscal year 1988), the sum of— "(i) such amount received, plus "(ii) one-third of the excess of— "(I) such amount determined under subsection (b), over "(II) such amount received, or "(B) if such amount received exceeds such amount determined under subsection (b), the excess of— "(i) such amount received, over "(ii) an amount equal to one-third of the excess of— "(I) such amount received, over "(II) such amount determined under subsection (b). "(3) Notwithstanding any other provision of this section, the amount of the grants provided under this section for fiscal year 1991 with respect to each tribal elementary and secondary educational program that was operated by a tribe or tribal organization in fiscal year 1989 shall be equal to— "(A) if the amount of the grant determined under subsection (b) for fiscal year 1991 with respect to such program exceeds the amount received by the tribe or tribal organization with respect to such program for administrative costs for fiscal year 1990, the sum of— "(i) such amount received, plus "(ii) one-half of the excess of— "(I) such amount determined under subsection (b), over "(II) such amount received, or "(B) if such amount received exceeds such amount determined under subsection (b), the excess of— "(i) such amount received, over "(ii) an amount equal to one-half of the excess of— "(I) such amount received over,

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