Page:United States Statutes at Large Volume 115 Part 2.djvu/1032

 115 STAT. 2016 PUBLIC LAW 107-110—JAN. 8, 2002 Deadline. "(I) applications from any tribe for the awarding of a contract or grant for a school that is not a Bureau-funded school; and "(II) applications from any tribe or school board of any Bureau-funded school for— "(aa) a school which is not a Bureaufunded school; or "(bb) the expansion of a Bureau-funded school which would increase the amount of funds received by the Indian tribe or school board under section 1127. " (ii) No DENIAL BASED ON GEOGRAPHIC PROX- IMITY.— With respect to applications described in this subparagraph, the Secretary shall give consideration to all factors described in subparagraph (B), but no such application shall be denied based primarily upon the geographic proximity of comparable public education. "(B) FACTORS. —With respect to applications described in subparagraph (A), the Secretary shall consider the following factors relating to the program and services that are the subject of the application: "(i) The adequacy of the facilities or the potential to obtain or provide adequate facilities. "(ii) Geographic and demographic factors in the affected areas. "(iii) The adequacy of the applicant's program plans or, in the case of a Bureau-funded school, of projected needs analysis done either by the tribe or the Bureau. "(iv) Geographic proximity of comparable public education. "(v) The stated needs of all affected parties, including students, families, tribal governments at both the central and local levels, and school organizations. "(vi) Adequacy and comparability of programs already available. "(vii) Consistency of available programs with tribal educational codes or tribal legislation on education. "(viii) The history and success of those services for the proposed population to be served, as determined from all factors, including standardized examination performance. " (2) DETERMINATION ON APPLICATION. — "(A) IN GENERAL.— Not later than 180 days after the date on which an application described in paragraph (1)(A) is submitted to the Secretary, the Secretary shall make a determination of whether to approve the application. "(B) FAILURE TO MAKE DETERMINATION. — If the Secretary fails to make a determination with respect to an application by the date described in subparagraph (A), the application shall be deemed to have been approved by the Secretary. " (3) REQUIREMENTS FOR APPLICATIONS. — " (A) IN GENERAL. — Notwithstanding paragraph (2)(B), an application described in paragraph (1)(A) may be approved by the Secretary only if—

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