Page:United States Statutes at Large Volume 108 Part 5.djvu/504

 108 STAT. 3994 PUBLIC LAW 103-382—OCT. 20, 1994 "(d)(1)(A) Funds received by a tribe or contract or grant school as grants under this section for tribal elementary or secondary educational programs may be combined by the tribe or contract or grant school into a single administrative cost account without the necessity of maintaining separate funding source accounting. "(B) Indirect cost funds for programs at the school which share common administrative services with tribal elementary or secondary educational programs may be included in the administrative cost account described in subparagraph (A). "(2) Funds received as grants under this section with respect to tribal elementary or secondary education programs shall remain available to the contract or grant school without fiscal year limitation and without diminishing the amount of any grants otherwise payable to the school under this section for any fiscal year beginning after the fiscal year for which the grant is provided. "(3) Funds received as grants under this section for Bureau funded programs operated by a tribe or tribal organization under a contract or agreement shall not be taken into consideration for purposes of indirect cost underrecovery and overrecovery determinations by any Federal agency for any other funds, from whatever source derived. "(4) In applying this section and section 105 of the Indian Self-Determination and Education Assistance Act with respect to an Indian tribe or tribal organization that— "(A) receives funds under this section for administrative costs incurred in operating a contract or grant school or a school operated under the Tribally Controlled Schools Act of 1988, and "(B) operates 1 or more other programs under a contract or grant provided under the Indian Self-Determination and Education Assistance Act, the Secretary shall ensure that the Indian tribe or tribal organization is provided with the full amount of the administrative costs, and of the indirect costs, that are associated with operating the contract or grant school, a school operated under the Tribally Controlled Schools Act of 1988, and all of such other programs, except that funds appropriated for implementation of this section shall be used only to supply the amount of the grant required to be provided by this section. "(e) For purposes of this section: "(1)(A) The term 'administrative cost' means the costs of necessary administrative functions which— "(i) the tribe or tribal organization incurs as a result of operating a tribal elementary or secondary educational program, "(ii) are not customarily paid by comparable Bureau operated programs out of direct program funds, and "(iii) are either— "(I) normally provided for comparable Bureau programs by Federal officials using resources other than ureau direct program funds, or "(II) are otherwise required of tribal self-determination program operators by law or prudent management practice. "(B) The term 'administrative cost' may include— "(i) contract or grant (or other agreement) administration;

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