108 STAT. 3562 PUBLIC LAW 103-382—OCT. 20, 1994 "(D) The Secretary may provide 5 percent of the amount made available for grants under this paragraph to pay the administrative costs of the Pacific Region Educational Laboratory regarding activities assisted under this paragraph.
- "(c) ALLOTMENT TO THE SECRETARY OF THE INTERIOR.—
Indians. "(1) IN GENERAL. —The amount allotted for payments to the Secretary of the Interior under subsection (a)(2) for any fiscal year shall be, as determined pursuant to criteria established by the Secretary, the amount necessary to meet the special educational needs of— "(A) Indian children on reservations served by elementary and secondary schools for Indian children operated or supported by the Department of the Interior; and "(B) out-of-State Indian children in elementary and secondary schools in local educational agencies under special contracts with the Department of the Interior. "(2) PAYMENTS. —From the amount allotted for payments to the Secretary of the Interior under subsection (a)(2), the . Secretary of the Interior shall make payments to local educational agencies, upon such terms as the Secretary determines will best carry out the purposes of this part, with respect to out-of-State Indian children described in paragraph (1). The amount of such payment may not exceed, for each such child, the greater of— "(A) 40 percent of the average per pupil expenditure in the State in which the agency is located; or "(B) 48 percent of such expenditure in the United States. 20 USC 6332. "SEC. 1122. ALLOCATIONS TO STATES. "(a) IN GENERAL. — "(1) FISCAL YEAR 1995.—For fiscal year 1995, appropriations for this part shall be allocated according to the provisions of sections 1005, except subsection (a)(3), and 1006, part A of chapter 1 of title I, Elementary and Secondary Education Act of 1965, as in effect on September 30, 1994, except that the State minimum for section 1005 shall be the lesser of 0.25 percent of total appropriations or the average of 0.25 percent of total appropriations and 150 percent of the national average grant per child counted for grants under section 1005 multiplied by the State's number of children counted for such grants, and for grants under section 1006, the State minimum shall be the lesser of— "(A) 0.25 percent of total appropriations; and "(B) the average of— "(i) 0.25 percent of total appropriations; and "(ii) the greater of 150 percent of the national average grant per child counted for grants under such section 1006 multiplied by the State total number of such children, or $340,000. "(2) SUCCEEDING FISCAL YEARS.— For fiscal years 1996 through 1999, an amount of the appropriations for this part equal to the appropriation for fiscal year 1995 for section 1005, shall be allocated in accordance with section 1124, and an amount equal to the appropriation for fiscal year 1995 for section 1006 shall be allocated in accordance with section 1124A. Any additional appropriations under section 1002(a)
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