Page:United States Statutes at Large Volume 108 Part 5.djvu/271

 PUBLIC LAW 103-382—OCT. 20, 1994 108 STAT. 3761 "(7) CONSOLIDATION.—In all actions under this subsection, the Secretary shall have discretion to consolidate complaints involving the same tribe or local educational agency. "(8) WITHHOLDING.— If the local educational agency rejects the determination of the Secretary, or if the remedy required is not undertaken within the time established and the Secretary determines that an extension of the time established will not effectively encourage the remedy required, the Secretary shall withhold payment of all moneys to which such local agency is eligible under section 8003 until such time as the remedy required is undertaken, except where the complaining tribe or its designee formally requests that such funds be released to the local educational agency, except that the Secretary may not withhold such moneys during the course of the school year if the Secretary determines that such withholding would substantially disrupt the educational programs of the local educational agency. "(9) REJECTION OF DETERMINATION. — If the local educational agency rejects the determination of the Secretary and a tribe exercises the option under section 1101(d) of the Education Amendments of 1978, to have education services provided either directly by the Bureau of Indian Affairs or by contract with the Bureau of Indian Affairs, any Indian students affiliated with that tribe who wish to remain in attendance at the local educational agency against whom the complaint which led to the tribal action under such subsection (d) was lodged may be counted with respect to that local educational agency for the purpose of receiving funds under section 8003. In such event, funds under such section shall not be withheld pursuant to paragraph (8) and no further complaints with respect to such students may be filed under paragraph (1). "(f) CONSTRUCTION. — This section is based upon the special relationship between the Indian nations and the United States and nothing in this section shall be construed to relieve any State of any duty with respect to any citizens of that State. "SEC. 8005. APPLICATION FOR PAYMENTS UNDER SECTIONS 8002 AND 20 USC 7705. 8003. "(a) IN GENERAL.— ^A local educational agency desiring to receive a payment under section 8002 or 8003 shall— "(1) submit an application for such payment to the Secretary; and "(2) provide a copy of such application to the State educational agency. "(b) CONTENTS. — Each such application shall be submitted in such form and manner, and shall contain such information, as the Secretary may require, including— "(1) information to determine the eligibility of the local educational agency for a payment and the amount of such pa3mtient; and "(2) where applicable, an assurance that such agency is in compliance with section 8004 (relating to children residing on Indian lands). "(c) DEADLINE FOR SUBMISSION. —The Secretary shall establish deadlines for the submission of applications under this section. " (d) APPROVAL.—

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