Page:United States Statutes at Large Volume 115 Part 2.djvu/1047

 PUBLIC LAW 107-110-^AN. 8, 2002 115 STAT. 2031 "(iii) RECOMMENDATION.—The training described in this subparagraph shall not be required, but is recommended, for a tribal governing body that serves in the capacity of a school board. "(d) RESERVATION OF AMOUNT FOR EMERGENCIES. — "(1) IN GENERAL.—The Secretary shall reserve from the funds available for distribution for each fiscal year under this section an amount that, in the aggregate, equals 1 percent of the funds available for such purpose for that fiscal year, to be used, at the discretion of the Director of the Office of Indian Education Programs, to meet emergencies and unforeseen contingencies affecting the education programs funded under this section. "(2) USE OF FUNDS.— Funds reserved under this subsection may be expended only for education services or programs, including emergency repairs of educational facilities, at a schoolsite (as defined by section 5204(c)(2) of the Tribally Controlled Schools Act of 1988). "(3) AVAILABILITY OF FUNDS. — Funds reserved under this subsection shall remain available without fiscal year limitation until expended. However, the aggregate amount available from all fiscal years may not exceed 1 percent of the current year funds. "(4) REPORT. —When the Secretary makes funds available under this subsection, the Secretary shall report such action to the appropriate committees of Congress within the annual budget submission. "(e) SUPPLEMENTAL APPROPRIATIONS.—Supplemental appropriations enacted to meet increased pay costs attributable to school level personnel shall be distributed under this section. "(f) ELIGIBLE INDIAN STUDENT DEFINED. — In this section, the term 'eligible Indian student' means a student who— "(1) is a member of, or is at least one-fourth degree Indian blood descendant of a member of, a tribe that is eligible for the special programs and services provided by the United States through the Bureau to Indians because of their status as Indians; "(2) resides on or near a reservation or meets the criteria for attendance at a Bureau off-reservation home-living school; and "(3) is enrolled in a Bureau-funded school. "(g) TUITION. — "(1) IN GENERAL. —No eligible Indian student or a student attending a Bureau school under paragraph (2)(C) may be charged tuition for attendance at a Bureau school or contract or grant school. "(2) ATTENDANCE OF NON-iNDD^sr STUDENTS AT BUREAU SCHOOLS.—The Secretary may permit the attendance at a Bureau school of a student who is not an eligible Indian student if— "(A) the Secretary determines that the student's attendance will not adversely affect the school's program for eligible Indian students because of cost, overcrowding, or violation of standards or accreditation; "(B) the school board consents;

�