Page:United States Statutes at Large Volume 115 Part 2.djvu/1087

 PUBLIC LAW 107-110-^AN. 8, 2002 115 STAT. 2071 "(II) adequacy and comparability of programs already available; "(III) consistency of available programs with tribal education codes or tribal legislation on education; and "(IV) the history and success of these services for the proposed population to be served, as determined from all factors including, if relevant, standardized examination performance. "(C) GEOGRAPHIC PROXIMITY. —The Secretary may not make a determination under this paragraph that is primarily based upon the geographic proximity of comparable public education. "(D) OTHER INFORMATION. —Applications submitted under paragraph (1)(A) shall include information on the factors described in subparagraph (B)(i), but the applicant may also provide the Secretary such information relative to the factors described in subparagraph (B)(ii) as the applicant considers appropriate. "(E) DEADLINE.—I f the Secretary fails to make a determination under subparagraph (A) with respect to an application within 180 days after the date on which the Secretary received the application, the Secretary shall be treated as having made a determination that the tribally controlled school is eligible for assistance under the title and the grant shall become effective 18 months after the date on which the Secretary received the application, or on an earlier date, at the Secretary's discretion. "(d) FILING OF APPLICATIONS AND REPORTS. — "(1) IN GENERAL.—All applications and reports submitted to the Secretary under this part, and any amendments to such applications or reports, shall be filed with the education line officer designated by the Director of the Office of Indian Education Programs of the Bureau of Indian Affairs. The date on which such filing occurs shall, for purposes of this part, be treated as the date on which the application or amendment was submitted to the Secretary. "(2) SUPPORTING DOCUMENTATION. —Any application that is submitted under this chapter shall be accompanied by a document indicating the action taken by the tribal governing body in authorizing such application. "(e) EFFECTIVE DATE FOR APPROVED APPLICATIONS.— Except as provided by subsection (c)(2)(E), a grant provided under this part, and any transfer of the operation of a Bureau school made under subsection (b), shall become effective beginning the academic year succeeding the fiscal year in which the application for the grant or transfer is made, or at an earlier date determined by the Secretary. " (f) DENIAL OF APPLICATIONS.— "(1) IN GENERAL.—Whenever the Secretary refuses to approve a grant under this chapter, to transfer operation of a Bureau school under subsection (b), or determines that a school is not eligible for assistance under this part, the Secretary shall— "(A) state the objections in writing to the tribe or tribal organization within the allotted time;

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