Page:United States Statutes at Large Volume 108 Part 5.djvu/292

 108 STAT. 3782 PUBLIC LAW 103-382—OCT. 20, 1994 "(B) not use the reduced amount of the agency's expenditures for the preceding year to determine compliance with paragraph (1) for any succeeding fiscal year, but shall use the amount of expenditures that would have been required to comply with paragraph (1), "(3) WAIVER. — (A) The Secretary may waive the requirement of paragraph (1), for not more than one year at a time, if the Secretary determines that the failure to comply with such requirement is due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the agency's financial resources. "(B) The Secretary shall not use the reduced amount of such agency's expenditures for the fiscal year preceding the fiscal year for which a waiver is granted to determine compliance with paragraph (1) for any succeeding fiscal year, but shall use the amount of expenditures that would have been required to comply with paragraph (1) in the absence of the waiver. "(d) REALLOCATIONS. —The Secretary may reallocate, in a manner that the Secretary determines will best carry out the purpose of this subpart, any amounts that— "(1) based on estimates made by local educational agencies or other information, the Secretary determines will not be needed by such agencies to carry out approved programs under this subpart; or "(2) otherwise become available for reallocation under this subpart. 20 USC 7818. "SEC. 9118. STATE EDUCATIONAL AGENCY REVIEW. "(a) APPLICATION.— Each entity desiring assistance under this subpart shall submit an application to the Secretary at such time, in such manner and accompanied by such information as the Secretary may reasonably require except that this subsection shall not apply to Bureau-funded schools. "(b) SPECIAL RuLE.Before submitting an application under subsection (a) to the Secretary, the entity shall submit its application to the State educational agency. The State educational agency may comment on such application, however if such agency comments on such application such agency shall comment on all applications submitted by entities within the State and shall provide such comments to the appropriate local educational agency, which local educational agency shall be given an opportunity to respond to such comments. "Subpart 2—Special Programs and Projects To Improve Educational Opportunities for Indian Children 20 USC 7831. " SEC, 9121. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN. " (a) PURPOSE.— ^(1) IN GENERAL. — It is the purpose of this section to support projects to develop, test, and demonstrate the effectiveness of services and programs to improve educational opportunities and achievement of Indian children.

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