Page:United States Statutes at Large Volume 102 Part 1.djvu/408

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 370

PUBLIC LAW 100-297—APR. 28, 1988

overhead services and operations necessary to meet the requirements of law and prudent management practice, and "(B) carry out other necessary support functions which would otherwise be provided by the Secretary or other Federal officers or employees, from resources other than direct program funds, in support of comparable Bureau operated programs. "(2) Amounts appropriated to fund the grants provided under this section shall be in addition to, and shall not reduce, the amounts appropriated for the program being administered by the contract schools. "(b)(1) The amount of the grant provided to each tribe or tribal organization under this section for each fiscal year shall be determined by applying the administrative cost percentage rate of the tribe or tribal organization to each of the direct cost education programs operated by the tribe or tribal organization for which funds are received from or through the Bureau. "(2) The Secretary shall— "(A) reduce the amount of the grant determined under paragraph (1) to the extent that payments for administrative costs are actually received by an Indian tribe or tribal organization under any Federal education program included in the direct cost base of the tribe or tribal organization, and "(B) take such actions as may be necessary to be reimbursed by any other department or agency of the Federal Government for the portion of grants made under this section for the costs of administering any program for Indians that is funded by appropriations made to such other department or agency. "(c) For purposes of this section, the administrative cost percentage rate for a contract school for a fiscal year is equal to the percentage determined by dividing— "(1) the sum of— "(A) the amount equal to— "(i) the direct cost base of the tribe or tribal organization for the fiscal year, multiplied by "(ii) the minimum base rate, plus "(B) the amount equal to— "(i) the standard direct cost base, multiplied by "(ii) the maximum base rate, by "(2) the sum of— "(A) the direct cost base of the tribe or tribal organization for the fiscal year, plus "(B) the standard direct cost base. The administrative cost percentage rate shall be determined to the one hundredth of a decimal point. "(d)(1)(A) Funds received by a contract school as grants under this section for tribal elementary or secondary educational programs may be combined by the contract school into a single administrative cost account without the necessity of maintaining separate funding source accounting. "(B) Indirect cost funds for programs at the school which share common administrative services with tribal elementary or secondary educational programs may be included in the administrative cost account described in subparagraph (A). "(2) Funds received as grants under this section with respect to tribal elementary or secondary education programs shall remain