Page:United States Statutes at Large Volume 115 Part 2.djvu/1090

 115 STAT. 2074 PUBLIC LAW 107-110-^AN. 8, 2002 grant recipient) prior to the date of enactment of the Native American Education Improvement Act of 2001. "(II) If the Secretary and a grant recipient other than a tribal governing body fail to agree on such an evaluator, the tribal governing body shall choose the evaluator or perform the evaluation. If the Secretary and a grant recipient that is a tribal governing body fail to agree on such an evaluator, subclause (I) shall not apply. "(Ill) A positive assessment by an impartial evaluator under this clause shall not affect the revocation of a determination of eligibility by the Secretary where such revocation is based on circumstances that were within the control of the school board. "(2) NOTICE REQUIREMENTS FOR REVOCATION. —The Secretary shall not revoke a determination that a school is eligible for assistance under this part, or reassume control of a school that was a Bureau school prior to approval of an application submitted under section 5206(b)(1)(A) until the Secretary— "(A) provides notice to the tribally controlled school and the tribal governing body (within the meaning of section 1141 of the Education Amendments of 1978) of the tribally controlled school which states— "(i) the specific deficiencies that led to the revocation or resumption determination; and "(ii) the actions that are needed to remedy such deficiencies; and "(B) affords such authority an opportunity to effect the remedial actions. "(3) TECHNICAL ASSISTANCE.— The Secretary shall provide such technical assistance to enable the school and governing body to carry out such remedial actions. "(4) HEARING AND APPEAL. —In addition to notice and technical assistance under this subsection, the Secretary shall provide to the school and governing body— "(A) at the request of the school or governing body, a hearing on the record regarding the revocation or reassumption determination, to be conducted under the rules and regulations described in section 5206(f)(1)(C); and "(B) an opportunity to appeal the decision resulting from the hearing. "(d) APPLICABILITY OF SECTION PURSUANT TO ELECTION UNDER SECTION 5208(b). —With respect to a tribally controlled school that receives assistance under this part pursuant to an election made under section 5208(b)— "(1) subsection (b) of this section shall apply; and "(2) the Secretary may not revoke eligibility for assistance under this part except in conformance with subsection (c) of this section. 25 USC 2506. "SEC. 5207. PAYMENT OF GRANTS; INVESTMENT OF FUNDS. " (a) PAYMENTS. — "(1) IN GENERAL.— Except as otherwise provided in this subsection, the Secretary shall make payments to grantees under this part in two payments, of which— "(A) the first payment shall be made not later than July 1 of each year in an amount equal to 80 percent

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