Page:United States Statutes at Large Volume 102 Part 1.djvu/427

 PUBLIC LAW 100-297—APR. 28, 1988

102 STAT. 389

(C) is a school for which the Bureau has not provided funds, but which has met the requirements of subsection (c), or (D) is a school with respect to which an election has been made under paragraph (2) and which has met the requirements of subsection (b). (2) Any application which has been submitted under the Indian Self-Determination and Education Assistance Act by an Indian tribe for a school which is not in operation on the date of enactment of this Act shall be reviewed under the guidelines and regulations for applications submitted under the Indian Self-Determination and Education Assistance Act that were in effect at the time the application was submitted, unless the Indian tribe or tribal organization elects to have the application reviewed under the provisions of subsection (b). (b) ADDITIONAL REQUIREMENTS FOR BUREAU SCHOOLS AND CERTAIN ELECTING SCHOOLS.—

(1) Any school that was operated as a Bureau school on the date of enactment of this Act, and any school with respect to ^ which an election is made under subsection (a)(2), meets the requirements of this subsection if— (A) the Indian tribe or tribal organization that operates, or desires to operate, the school submits to the Secretary an application requesting that the Secretary— (i) transfer operation of the school to the Indian tribe or tribal organization, if the Indian tribe or tribal organization is not already operating the school, and (ii) make a determination of whether the school is eligible for assistance under this part, and (B) the Secretary makes a determination that the school is eligible for assistance under this part. (2)(A) By no later than the date that is 120 days after the date on which an application is submitted to the Secretary under paragraph (1)(A), the Secretary shall determine— (i) if the school is not being operated by the Indian tribe or tribal organization, whether to transfer operation of the school to the Indian tribe or tribal organization, and (ii) whether the school is eligible for assistance under this part. (B) In considering applications submitted under paragraph (1)(A), the Secretary— (i) shall transfer operation of the school to the Indian tribe or tribal organization, if the Indian tribe or tribal organization is not already operating the school, and (ii) shall determine that the school is eligible for assistance under this part, unless the Secretary finds by clear and convincing evidence that the services to be provided by the Indian tribe or tribal organization will be deleterious to the welfare of the Indians served by the school. (C) In considering applications submitted under paragraph (1)(A), the Secretary shall consider whether the Indian tribe or tribal organization would be deficient in operating the school with respect to— (i) equipment, (ii) bookkeeping and accounting procedures, (iii) substantive knowledge of operating the school.

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