Page:United States Statutes at Large Volume 115 Part 2.djvu/1052

 115 STAT. 2036 PUBLIC LAW 107-llO^JAN. 8, 2002 the Secretary shall ensure that the Indian tribe or tribal organization is provided with the full amount of the administrative costs that are associated with operating the contract or grant school, and of the indirect costs, that are associated with all of such other programs, except that funds appropriated for implementation of this section shall be used only to supply the amount of the grant required to be provided by this section. " (i) STUDIES FOR DETERMINATION OF FACTORS AFFECTING COSTS; BASE RATES LIMITS; STANDARD DIRECT COST BASE; REPORT TO CONGRESS. — Deadline. "(1) STUDIES. —Not later than 120 days after the date of enactment of the Native American Education Improvement Act of 2001, the Director of the Office of Indian Education Programs shall— "(A) conduct such studies as may be needed to establish an empirical basis for determining relevant factors substantially affecting required administrative costs of tribal elementary and secondary education programs, using the formula set forth in subsection (c); and "(B) conduct a study to determine— "(i) a maximum base rate which ensures that the amount of the grants provided under this section will provide adequate (but not excessive) funding of the administrative costs of the smallest tribal elementary or secondary educational programs; "(ii) a minimum base rate which ensures that the amount of the grants provided under this section will provide adequate (but not excessive) funding of the administrative costs of the largest tribal elementary or secondary educational programs; and "(iii) a standard direct cost base which is the aggregate direct cost funding level for which the percentage determined under subsection (d) will— "(I) be equal to the median between the maximum base rate and the minimum base rate; and "(II) ensure that the amount of the grants provided under this section will provide adequate (but not excessive) funding of the administrative costs of tribal elementary or secondary educational programs closest to the size of the program. "(2) GUIDELINES. —The studies required under paragraph (1) shall— "(A) be conducted in full consultation (in accordance with section 1131) with— "(i) the tribes and tribal organizations that are affected by the application of the formula set forth in subsection (c); and "(ii) all national and regional Indian organizations of which such tribes and tribal organizations are typically members; "(B) be conducted onsite with a representative statistical sample of the tribal elementary or secondary educational programs under a contract entered into with a nationally reputable public accounting and business consulting firm;

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