Page:United States Statutes at Large Volume 122.djvu/3987

 12 2 STA T .3964PUBLIC LA W 11 0– 3 5 1 —O CT. 7, 200 8tha tth e t rib e ,o r g a n i z ation, or c on s orti um ma y c l aim as p art o f the non -F e d eral share of administrati v e or training e x penditures attributable to such q uarters for purposes of receiving payments under section 47 4 ( a ) ( 3 ) .T he S ec- retary shall permit a tribe, organization, or consortium to claim in- k ind expenditures from third party sources for such purposes during such quarters sub j ect to the fol- lo w ing

‘(i) NOEF FE CT O NAU T H O RI T Y FOR TRI B E S , OR G ANI Z ATIONS, OR CONSORTIA TO C L AI M E XP EN D ITURES OR INDIRECT COSTS TO THE SAME EXTENT AS STATES. — Nothing in this subparagraph shall be construed as preventing a tribe, organization, or consortium from claiming any expenditures or indirect costs for pur- poses of receiving payments under section 474(a) that a State with a plan approved under section 47 1 (a) could claim for such purposes. ‘‘(ii) FISCAL YEAR 201 0 OR 2011.— ‘‘( I ) E XPENDITURES OTHER THAN FOR TRAINING.— W ith respect to amounts expended during a fiscal year quarter beginning after Sep- tember 3 0, 2 00 9 , and before O ctober 1, 2011, for which the tribe, organization, or consortium is eligible for payments under subparagraph ( C ),( D ), or (E) of section 474(a)(3), not more than 2 5 per- cent of such amounts may consist of in-kind expenditures from third-party sources specified in the list required under this subparagraph to be submitted with the plan. ‘‘(II) TRAINING EXPENDITURES.—With respect to amounts expended during a fiscal year quarter beginning after September 30, 2009, and before October 1, 2011, for which the tribe, organization, or consortium is eligible for payments under subparagraph ( A )or( B ) of section 474(a)(3), not more than 12 percent of such amounts may consist of in-kind expenditures from third-party sources that are specified in such list and described in subclause (III). ‘‘(III) SOURCES DESCRIBED.—For purposes of subclause (II), the sources described in this sub- clause are the following: ‘‘(aa) A State or local government. ‘‘(bb) An Indian tribe, tribal organization, or tribal consortium other than the tribe, organization, or consortium submitting the plan. ‘‘(cc) A public institution of higher edu- cation. ‘‘(dd) A Tribal College or U niversity (as defined in section 31 6 of the H igher Education Act of 1965 (20 U.S.C. 1059c)). ‘‘(ee) A private charitable organization. ‘‘(iii) FISCAL YEAR 2012, 201 3 ,OR201 4 .— ‘‘(I) IN GENERAL.—Except as provided in sub- clause (II) of this clause and clause (v) of this subparagraph, with respect to amounts expended

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