Page:United States Statutes at Large Volume 115 Part 2.djvu/1095

 PUBLIC LAW 107-110-^AN. 8, 2002 115 STAT. 2079 under this Act, the recognized governing body of the Indian tribe involved. "(8) TRIBAL ORGANIZATION.— "(A) IN GENERAL.—The term 'tribal organization' means— "(i) the recognized governing body of any Indian tribe; or "(ii) any legally established organization of Indians that— "(I) is controlled, sanctioned, or chartered by such governing body or is democratically elected by the adult members of the Indian community to be served by such organization; and "(II) includes the maximum participation of Indians in all phases of the organization's activities. "(B) AUTHORIZATION. —In any case in which a grant is provided under this part to an organization to provide services through a tribally controlled school benefiting more than one Indian tribe, the approval of the governing bodies of Indian tribes representing 80 percent of the students attending the tribally controlled school shall be considered a sufficient tribal authorization for such grant. "(9) TRIBALLY CONTROLLED SCHOOL.— The term 'tribally controlled school' means a school that— "(A) is operated by an Indian tribe or a tribal organization, enrolling students in kindergarten through grade 12, including a preschool; "(B) is not a local educational agency; and "(C) is not directly administered by the Bureau of Indian Affairs.". SEC. 1044. LEASE PAYMENTS BY THE OJIBWA INDIAN SCHOOL. (a) IN GENERAL. —Notwithstanding the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), or the regulations promulgated under such Act, the Ojibwa Indian School located in Belcourt, North Dakota, may use amounts received under such Act to enter into, and make payments under, a lease described in subsection (b). (b) LEASE. —^A lease described in this subsection is a lease that— (1) is entered into by the Ojibwa Indian School for the use of facilities owned by St. Ann's Catholic Church located in Belcourt, North Dakota; (2) is entered into in the 2001-2002 school year, or any other school year in which the Ojibwa Indian School will use such facilities for school purposes; (3) requires lease payments in an amount determined appropriate by an independent lease appraiser that is selected by the parties to the lease, except that such amount may not exceed the maximum amount per square foot that is being paid by the Bureau of Indian Affairs for other similarly situated Indian schools under the Indian Self-Determination and Education Assistance Act (Public Law 93-638); and (4) contains a waiver of the right of St. Ann's Catholic Church to bring an action against the Ojibwa Indian School,

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