Page:United States Statutes at Large Volume 115 Part 2.djvu/1048

 115 STAT. 2032 PUBLIC LAW 107-110—JAN. 8, 2002 "(C) the student is a dependent of a Bureau, Indian Health Service, or tribal government employee who lives on or near the school site; or "(D) tuition is paid for the student that is not more than the tuition charged by the nearest public school district for out-of-district students and shall be in addition to the school's allocation under this section. " (3) ATTENDANCE OF NON-INDIAN STUDENTS AT CONTRACT AND GRANT SCHOOLS.— The school board of a contract or grant school may permit students who are not eligible Indian students under this subsection to attend its contract school or grant school. Any tuition collected for those students shall be in addition to funding received under this section. "(h) FUNDS AVAILABLE WITHOUT FISCAL YEAR LIMITATION. — Notwithstanding any other provision of law, at the election of the school board of a Bureau school made at any time during the fiscal year, a portion equal to not more than 15 percent of the funds allocated with respect to a school under this section for any fiscal year shall remain available to the school for expenditure without fiscal year limitation. The Assistant Secretary shall take such steps as are necessary to implement this subsection. " (i) STUDENTS AT RICHFIELD DORMITORY, RICHFIELD, UTAH.— "(1) IN GENERAL.— Tuition for the instruction of each outof-State Indian student in a home-living situation at the Richfield dormitory in Richfield, Utah, who attends Sevier County high schools in Richfield, Utah, for an academic year, shall be paid from Indian school equalization program funds authorized in this section and section 1129, at a rate not to exceed the weighted amount provided for under subsection (b) for a student for that year. "(2) No ADMINISTRATIVE COST FUNDS.— No additional administrative cost funds shall be provided under this part to pay for administrative costs relating to the instruction of the students. 25 USC 2008. "SEC. 1128. ADMINISTRATIVE COST GRANTS. "(a) DEFINITIONS. —In this section: " (1) ADMINISTRATIVE COST.— "(A) IN GENERAL.—The term 'administrative cost' means the cost 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 Bureau direct program funds; or "(II) are otherwise required of tribal self-determination program operators by law or prudent management practice. "(B) INCLUSIONS. —The term 'administrative cost' may include—

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