12 2 STA T .3967PUBLIC LA W 11 0– 3 5 1 —O CT. 7 , 200 8‘ ‘ (2)CONSIDERAT ION O F OT H ER INFOR M ATION .—Befor e making a c a l c u la t ion un d er p aragrap h ( 1 ) , the S ecretar ys hall consider any information su b mitted by an I ndian tribe, a tribal organi z ation, or a tribal consortium that the Indian tribe, tribal organization, or tribal consortium considers rele v ant to making the calculation of the per capita income of the Indian tribe, tribal organization, or tribal consortium. ‘‘(e) N ONA P P L I C ATION TO COOPERATI V E AG REEMENTS AND CON - TRACTS.—Any cooperative agreement or contract entered into bet w een an Indian tribe, a tribal organization, or a tribal consortium and a State for the administration or payment of funds under this part that is in effect as of the date of enactment of this section shall remain in full force and effect, sub j ect to the right of either party to the agreement or contract to revoke or modify the agreement or contract pursuant to the terms of the agreement or contract. Nothing in this section shall be construed as affecting the authority for an Indian tribe, a tribal organization, or a tribal consortium and a State to enter into a cooperative agreement or contract for the administration or payment of funds under this part. ‘‘(f) J OHN H . CHAFEE F OSTER CARE INDEPENDENCE P ROGRAM.— Ex cept as provided in section 47 7(j), subsection (b) of this section shall not apply with respect to the John H. Chafee Foster Care Independence Program established under section 477 (or with respect to payments made under section 474(a)(4) or grants made under section 474(e)). ‘‘(g) RU LE OF CONSTRUCTION.—Nothing in this section shall be construed as affecting the application of section 472(h) to a child on whose behalf payments are paid under section 472, or the application of section 47 3 (b) to a child on whose behalf payments are made under section 473 pursuant to an adoption assistance agreement or a kinship guardianship assistance agreement, by an Indian tribe, tribal organization, or tribal consortium that elects to operate a foster care and adoption assistance program in accord- ance with this section. ’ ’. (2) CONFORMING AMENDMENTS.—Section 472(a)(2)(B) of such Act (42 U .S.C. 6 72(a)(2)(B)) is amended— (A) in clause (i), by striking ‘‘or’’ at the end
(B) in clause (ii), by striking ‘‘and’’ at the end and inserting ‘‘or’’; and (C) by adding at the end the following
‘‘(iii) an Indian tribe or a tribal organization (as defined in section 47 9 B(a)) or a tribal consortium that has a plan approved under section 471 in accordance with section 479B; and’’. (b) AUTHORIT Y TO RECEIVE PORTION OF STATE ALLOTMENT AS PART OF AN AGREEMENT TO O PERATE THE JOHN H. CHAFEE FOSTER CARE INDEPENDENCE PROGRAM.—Section 477 of such Act (42 U.S.C. 677) is amended by adding at the end the following: ‘‘(j) AUTHORITY FOR AN INDIAN T RI B E, TRIBAL ORGANI Z ATION, OR TRIBAL CONSORTIUM TO RECEIVE AN ALLOTMENT.— ‘‘(1) IN GENERAL.—An Indian tribe, tribal organization, or tribal consortium with a plan approved under section 479B, or which is receiving funding to provide foster care under this part pursuant to a cooperative agreement or contract with a State, may apply for an allotment out of any funds authorized
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