PUBLIC LAW 107-110-^AN. 8, 2002 115 STAT. 2069 "(1) IN GENERAL.—^A tribally controlled school is eligible for assistance under this part if the school— "(A) on April 28, 1988, was a contract school under title XI of the Education Amendments of 1978 and the tribe or tribal organization operating the school submits to the Secretary a written notice of election to receive a grant under this part; "(B) was a Bureau-operated school under title XI of the Education Amendments of 1978 and has met the requirements of subsection (b); "(C) is a school for which the Bureau has not provided funds, but which has met the requirements of subsection (c); or "(D) is a school with respect to which an election has been made under paragraph (2) and which has met the requirements of subsection (b). "(2) NEW SCHOOLS.— Any application which has been submitted under the Indian Self-Determination and Education Assistance Act by an Indian tribe for a school which is not in operation on the date of enactment of the Native American Education Improvement Act of 2001 shall be reviewed under the guidelines and regulations for applications submitted under the Indian Self-Determination and Education Assistance Act that were in effect at the time the application was submitted, unless the Indian tribe or tribal organization elects to have the application reviewed under the provisions of subsection (b). "(b) ADDITIONAL REQUIREMENTS FOR BUREAU-FUNDED SCHOOLS AND CERTAIN ELECTING SCHOOLS.— "(1) BUREAU-FUNDED SCHOOLS.— ^A school that was a Bureau-funded school under title XI of the Education Amendments of 1978 on the date of enactment of the Native American Education Improvement Act of 2001 and any school with respect to which an election is made under subsection (a)(2), meets the requirements of this subsection if— "(A) the Indian tribe or tribal organization that operates, or desires to operate, the school submits to the Secretary an application requesting that the Secretary— "(i) transfer operation of the school to the Indian tribe or tribal organization, if the Indian tribe or tribal organization is not already operating the school; and "(ii) make a determination as to whether the school , is eligible for assistance under this part; and "(B) the Secretary makes a determination that the school is eligible for assistance under this part. " (2) CERTAIN ELECTING SCHOOLS.— "(A) IN GENERAL.—By not later than the date that is 120 days after the date on which an application is submitted to the Secretary under paragraph (1)(A), the Secretary shall determine— "(i) in the case of a school which is not being operated by the Indian tribe or tribal organization, whether to transfer operation of the school to the Indian tribe or tribal organization; and , "(ii) whether the school is eligible for assistance under this part.
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