PUBLIC LAW 101-392—SEPT. 25, 1990 104 STAT. 801 "SEC. 386. AMOUNT OF GRANTS. 20 USC 2397d. "(a) ALLOWABLE EXPENSES.— Except as provided in subsection (d), the Secretary shall, subject to the availability of appropriations, provide for each program year to each tribally controlled vocational institution having an application approved by the Secretary, an amount necessary to pay expenses associated with— "(1) the maintenance and operation of the program, including development costs, costs of bgisic and special instruction (including special programs for individuals with handicaps and academic instruction), materials, student costs, administrative expenses, boarding costs, transportation, student services, day care and family support programs for students and their families (including contributions to the costs of education for dependents); "(2) capital expenditures, including operations and maintenance and minor improvements and repair, physical plant maintenance costs; and "(3) costs associated with repair, upkeep, replacement, and upgrading of the instructional equipment. "(b) PAYMENTS. —(1) For each fiscal year, the Secretary shall provide amounts to institutions that are approved for grants under section 385 in 2 payments. "(2)(A) The first payment shall be made before the end of the 30- day period beginning on the date of the enactment of an Act providing appropriations for such fiscal year for purposes of carry- ing out this part. Except as provided in subparagraph (B), such pa3anent shall be in an amount that is equal to at least 50 percent of the amount determined to be required under subsection (a) for the preceding year. "(B) In the first year that an institution receives a grant under this part, the Secretary shall determine the amount of the first payment by estimating the costs described in subsection (a) based upon information submitted by the institution. "(3) Each institution that receives a grant under section 385 shall receive a final payment of amounts to which it is entitled based on its costs under subsection (a) not later than January 1 of the fiscal year in which the costs are incurred. "(c) ACCOUNTING.— Each institution receiving payments under this part shall annually provide to the Secretary an accurate and detailed accounting of its operating and maintenance expenses and such other information concerning costs as the Secretary may reasonably require. "(d) ADDITIONAL GRANTS AUTHORIZED.— (1) After providing grants to all eligible institutions under subsection (a), the Secretary shall, from any amounts remaining— "(A) first allocate to institutions receiving their first grant under this part an amount equal to the training equipment costs necessary to implement training programs; and "(B) from any remaining funds, review training equipment needs at each institution receiving sissistance under this part at the end of the 5-year period beginning on the first day of the first year for which the institution received a grant under this part, and provide allocations for other training equipment needs if it is demonstrated by the institution that its training equipment has become obsolete for its purposes, or that the development of other training programs is appropriate.
�
