Page:United States Statutes at Large Volume 115 Part 2.djvu/1033

 PUBLIC LAW 107-110—JAN. 8, 2002 115 STAT. 2017 "(i) the application has been approved by the tribal governing body of the students served by (or to be served by) the school or program that is the subject of the application; and "(ii) written evidence of such approval is submitted with the application. "(B) INCLUDED INFORMATION.—Each application described in paragraph (1)(A) shall include information concerning each of the factors described in paragraph (1)(B). "(4) DENIAL OF APPLICATIONS. — If the Secretary denies an application described in paragraph (1)(A), the Secretary shall— "(A) state the objections to the application in writing Deadline, to the applicant not later than 180 days after the date the application is submitted to the Secretary; "(B) provide assistance to the applicant to overcome the stated objections; "(C) provide to the applicant a hearing on the record regarding the denial, under the same rules and regulations as apply under the Indian Self-Determination and Education Assistance Act; and "(D) provide to the applicant a notice of the applicant's appeals rights and an opportunity to appeal the decision resulting from the hearing under subparagraph (D). "(5) EFFECTIVE DATE OF A SUBJECT APPLICATION. — "(A) IN GENERAL. — Except as otherwise provided in this paragraph, an action that is the subject of any application described in paragraph (1)(A) that is approved by the Secretary shall become effective— "(i) at the beginning of the academic year following the fiscal year in which the application is approved; or "(ii) at an earlier date determined by the Secretary. "(B) APPLICATIONS DEEMED APPROVED. — If an application is deemed to have been approved by the Secretary under paragraph (2)(B), the action that is the subject of the application shall become effective— "(i) on the date that is 18 months after the date on which the application is submitted to the Secretary; or "(ii) at an earlier date determined by the Secretary. "(6) STATUTORY CONSTRUCTION.— Nothing in this section or any other provision of law, shall be construed to preclude the expansion of grades and related facilities at a Bureaufunded school, if such expansion is paid for with non-Bureau funds. Subject to the availability of appropriated funds the Secretary is authorized to provide the necessary funds needed to supplement the cost of operations and maintenance of such expansion. "(f) JOINT ADMINISTRATION.— Administrative, transportation, and program cost funds received by Bureau-funded schools, and any program from the Department of Education or any other Federal agency for the purpose of providing education or related services, and other funds received for such education and related services from nonfederally funded programs, shall be apportioned and the funds shall be retained at the school.

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