Page:United States Statutes at Large Volume 102 Part 1.djvu/425

 PUBLIC LAW 100-297—APR. 28, 1988

102 STAT. 387

(3) Funds provided under any grant made under this part may not be expended for administrative costs (as defined under section 1128A(e)(l) of the Education Amendments of 1978) in excess of the amount generated for such costs under section 1128AofsuchAct. (c) LIMITATION ON TRANSFER OF FUNDS AMONG SCHOOLSITES.—

(1) In the case of a grantee which operates schools at more than one schoolsite, the grantee may expend no more than the lesser of— (A) 10 percent of the funds allocated for a schoolsite under section 1128 of the Education Amendments of 1978, or (B) $400,000 of such funds, at any other schoolsite. (2) For purposes of this subsection, the term "schoolsite" means the physical location and the facilities of an elementary or secondary educational or residential program operated by, or under contract with, the Bureau for which a discreet student count is identified under the funding formula established under section 1128 of the Education Amendments of 1978. (d) No REQUIREMENT TO ACCEPT GRANTS.—Nothing in this part may be construed— (1) to require a tribe or tribal organization to apply for or accept, or (2) to allow any person to coerce any tribe or tribal organization into applying for, or accepting, a grant under this part to plan, conduct, and administer all of, or any portion of, any Bureau program. Such applications, and the timing of such applications, shall be strictly voluntary. Nothing in this part may be construed as allowing or requiring any grant with any entity other than the entity to which the grant is provided. (e) No

EFFECT ON FEDERAL RESPONSIBILITY.—Grants provided

under this part shall not terminate, modify, suspend, or reduce the responsibility of the Federal Government to provide a program. (f) RETROCESSION.—Whenever an Indian tribe requests retrocession of any program for which assistance is provided under this part, such retrocession shall become effective upon a date specified by the Secretary not more than 120 days after the date on which the tribe requests the retrocession, or such later date as may be mutually agreed upon by the Secretary and the tribe. If such a program is retroceded, the Secretary shall provide to any Indian tribe served by such program at least the same quantity and quality of services that would have been provided under such program at the level of funding provided under this part prior to the retrocession. (g) No TERMINATION FOR ADMINISTRATIVE CONVENIENCE.—Grants

provided under this Act may not be terminated, modified, suspended, or reduced only for the convenience of the administering agency. SEC. 5205. COMPOSITION OF GRANTS.

(a) IN GENERAL.—The grant provided under this part to an Indian tribe or tribal organization for any fiscal year shall consist of— (1) the total amount of funds allocated for such fiscal year under sections 1128 and 1128 A of the Education Amendments of 1978 with respect to the tribally controlled schools eligible for assistance under this part that are operated by such Indian tribe or tribal organization, including, but not limited to, funds

25 USC 2504.

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