108 STAT. 3992 PUBLIC LAW 103-382—OCT. 20, 1994 Reports. not exceed 1 percent of the current year funds. Whenever the Secretary makes funds available under this subsection, the Secretary shall report such action to the appropriate committees of Congress within the annual budget submission. "(e) Supplemental appropriations enacted to meet increased pay costs attributable to school level personnel shall be distributed under this section. "(f) For the purpose of this section, the term 'eligible Indian student' means a student who— "(1) is a member of or is at least a VA degree Indian blood descendant of a member of an Indian tribe which is eligible for the special programs and services provided by the United States through the Bureau to Indians because of their status as Indians, and "(2) resides on or near an Indian reservation or meets the criteria for attendance at a Bureau off-reservation boarding school. "(g)(1) An eligible Indian student may not be charged tuition for attendance at a Bureau school or contract or grant school. A student attending a Bureau school under paragraph (2)(C) may not be charged tuition. "(2) The Secretary may permit the attendance at a Bureau school of a student who is not an eligible Indian student if— "(A) the Secretary determines that the student's attendance will not adversely affect the school's program for eligible Indian students because of cost, overcrowding, or violation of standards, "(B) the school board consents, "(C) the student is a dependent of a Bureau, Indian Health Service, or tribal government, employee who lives on or near the school site, or "(D) a tuition is paid for the student that is not more than that charged by the nearest public school district for out-of-district students, is in addition to the school's allocation under this section. "(3) The school board of a contract or grant school may permit students who are not eligible Indian students under this subsection to attend its contract school or grant school and any tuition collected for those students is in addition to funding under this section. "(h) Notwithstanding any other provision of law, at the election of the school board of a Bureau school made at any time during the fiscal year, a portion equal to not more than 15 percent of the funds allocated with respect to a school under this section for any fiscal year shall remain available to the school for expenditure without fiscal year limitation. The Assistant Secretary shall take steps as may be necessary to implement this provision immediately. Utah. "(i) Beginning with academic year 1994-1995, tuition for the out-of-State students boarding at the Richfield Dormitory in Richfield, Utah, who attend Sevier County high schools in Richfield, Utah, shall be paid from the Indian school equalization program funds authorized in this section and section 1130 at a rate not to exceed the amount per weighted student unit for that year for the instruction of such students. No additional administrative cost funds shall be added to the grant.
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