Page:United States Statutes at Large Volume 115 Part 2.djvu/1040

 115 STAT. 2024 PUBLIC LAW 107-110-JAN. 8, 2002 Federal Register, "(E) cause the final list to be published in the Federal publication. Register. "(3) EFFECT ON OTHER LIST. — Nothing in this section shall interfere with or change in any way the construction priority list as it existed on the day before the date of enactment of the Native American Education Improvement Act of 2001. " (e) HAZARDOUS CONDITION AT BUREAU-FUNDED SCHOOL.— "(1) CLOSURE, CONSOLIDATION, OR CURTAILMENT.— "(A) IN GENERAL.—^A Bureau-funded school may be closed or consolidated, or the programs of a Bureau-funded school may be substantially curtailed, by reason of facility conditions that constitute an immediate hazard to health and safety only if a health and safety officer of the Bureau and an individual designated at the beginning of the school year by the tribe involved under subparagraph (B) determine that such conditions exist at a facility of the Bureaufunded school. "(B) DESIGNATION OF INDIVIDUAL BY TRIBE.— To be designated by a tribe for purposes of subparagraph (A), an individual shall— "(i) be a licensed or certified facilities safety inspector; "(ii) have demonstrated experience in the inspection of facilities for health and safety purposes with respect to occupancy; or "(iii) have a significant educational background in the health and safety of facilities with respect to occupancy. "(C) INSPECTION. —After making a determination described in subparagraph (A), the Bureau health and safety officer and the individual designated by the tribe shall conduct an inspection of the conditions of such facility in order to determine whether conditions at such facility Deadline. constitute an immediate hazard to health and safety. Such inspection shall be completed as expeditiously as practicable, but not later than 20 days after the date on which the action described in subparagraph (A) is taken. "(D) FAILURE TO CONCUR. —I f the Bureau health and safety officer, and the individual designated by the tribe, conducting the inspection of a facility required under subparagraph (C) do not concur that conditions at the facility constitute an immediate hazard to health and safety, such of^cer and individual shall immediately notify the tribal governing body and provide written information related to their determinations. " (E) CONSIDERATION BY TRIBAL GOVERNING BODY. —Not later than 10 days after a tribal governing body receives notice under subparagraph (D), the tribal governing body shall consider all information relating to the determinations of the Bureau health and safety officer and the individual designated by the tribe and make a determination regarding the closure, consolidation, or curtailment involved. " (F) AGREEMENT TO CLOSE, CONSOLIDATE, OR CUR- TAIL.—

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