Page:United States Statutes at Large Volume 122.djvu/3487

 12 2 STA T .346 4 PUBLIC LA W 11 0– 31 5— AU G .14 , 200 8tribal l ycon troll edp o s tsecondary career and tec h nical instit u tion selected f or the fiscal year under subsection ( a ) ( 1 )inalu m p sum payment for the fiscal year .‘ ‘(d) DISTR I BU TI ON . — ‘‘(1) I N GE NER AL .— F or fiscal year 20 0 9 and each fiscal year thereafter , of amounts made a v ailable pursuant to section 5 0 4, the S ecretary shall distribute to each tribally controlled postsecondary career and technical institution selected for the fiscal year under subsection (a)(1) an amount e q ual to the g reater of— ‘‘( A ) the total amount appropriated for the tribally controlled postsecondary career and technical institution for fiscal year 200 6; or ‘‘( B ) the total amount appropriated for the tribally controlled postsecondary career and technical institution for fiscal year 200 8 . ‘‘(2) EXC ESS A M OUNTS.—If, for any fiscal year, the amount made available pursuant to section 504 e x ceeds the sum of the amounts required to be distributed under paragraph (1) to the tribally controlled postsecondary career and technical institutions selected for the fiscal year under subsection (a)(1), the Secretary shall distribute to each tribally controlled postsec - ondary career and technical institution selected for that fiscal year a portion of the excess amount, to be determined by— ‘‘(A) dividing the excess amount by the aggregate Indian student count (as defined in section 11 7 (h) of the C arl D. P er k ins Career and T echnical Education Act of 2006 (20 U .S.C. 2 3 27(h)) of such institutions for the prior academic year; and ‘‘(B) multiplying the quotient described in subpara- graph (A) by the Indian student count of each such institu- tion for the prior academic year. ‘ ‘ SEC.503 . AP P LI CA B ILI TYOF OT H E R LA W S. ‘‘(a) IN G ENERAL.—Paragraphs (4) and (8) of subsection (a), and subsection (b), of section 2, sections 105, 108, 111, 112 and 113, and titles II, III, and I V shall not apply to this title. ‘‘(b) IN D IAN SEL F -DETERMINATION AND EDUCATION ASSIST- ANCE.—Funds made available pursuant to this title shall be sub j ect to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.). ‘‘(c) ELECTION TO R ECEI V E.—A tribally controlled postsecondary career and technical institution selected for a fiscal year under section 502(b) may elect to receive funds pursuant to section 502 in accordance w ith an agreement between the tribally controlled postsecondary career and technical institution and the Secretary under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) if the agreement is in existence on the date of enactment of the H igher Education O pportunity Act. ‘‘(d) OT H ER ASSISTANCE.—Eligibility for, or receipt of, assistance under this title shall not preclude the eligibility of a tribally con- trolled postsecondary career and technical institution to receive Federal financial assistance under— ‘‘(1) any program under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.); ‘‘(2) any program under the Carl D. Perkins Career and Technical Education Act of 2006; or 25USC1863.

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