PUBLIC LAW 100-297—APR. 28, 1988
102 STAT. 365
"(iii) If the health and safety officer conducting an inspection of a plant required under clause (i) determines that conditions at the plant do not constitute an immediate hazard to health and safety, any consolidation or curtailment that was made by reason of conditions at the plant shall immediately cease and any school closed by reason of conditions at the plant shall be reopened immediately. "(3) If— "(A) a Bureau school is temporarily closed or consolidated, or the programs of a Bureau school are substantially curtailed, by reason of plant conditions that constitute an immediate hazard to health and safety, and "(B) the Secretary estimates that the closure, consolidation, or Reports, curtailment will be more than 1 year in duration, the Secretary shall submit to the Congress, by no later than the date that is 6 months after the date on which the closure, consolidation, or curtailment is initiated, a report which sets forth the reasons for such temporary actions and the actions the Secretary is taking to eliminate the conditions that constitute the hazard.". SEC. 5104. ELIGIBILITY AND EXPANSION OF BUREAU FUNDED SCHOOLS.
Section 1121 of the Education Amendments of 1978 (25 U.S.C. 2001) is amended— (1) by striking out "Indian controlled contract schools (hereinafter referred to as 'contract schools')" in subsection (a) and inserting in lieu thereof "contract schools", and (2) by adding at the end thereof the following new subsection: "(k)(l)(A) The Secretary shall only consider the factors described in subparagraphs (B) and (C) in reviewing— "(i) applications from any tribe for the awarding of a contract or grant for a school that has not previously received funds from the Bureau, "(ii) applications from any tribe or Bureau school board for— "(I) a school which has not previously been operated or funded by the Bureau, or "(II) the expansion of any program currently funded by the Bureau which would increase the amount of funds received by the Indian tribe or school board under section 1128. The Secretary shall give consideration to all of such factors, but none of such applications may be denied based primarily upon the geographic proximity of public education. "(B) The Secretary shall consider the following factors relating to the program that is the subject of an application described in subparagraph (A): "(i) the adequacy of facilities or the potential to obtain or provide adequate facilities; "(ii) geographic and demographic factors in the affected areas; "(iii) adequacy of the applicant's program plans or, in the case of a Bureau operated program, of projected needs analysis done either by a tribe or by Bureau personnel; "(iv) geographic proximity of comparable public education; and "(v) the stated needs of all affected parties, including (but not limited to) students, families, tribal governments at both the central and local levels, and school organizations. "(C) The Secretary shall consider with respect to applications described in subparagraph (A) the following factors relating to all
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