PUBLIC LAW 103-382—OCT. 20, 1994 108 STAT. 3993 "SEC. 1128. ADMINISTRATIVE COST GRANTS. 25 USC 2008. "(a)(1) The Secretary shall, subject to the availability of appropriated funds, provide grants to each tribe or tribal organization operating a contract school or grant school in the amount determined under this section with respect to the tribe or tribal organization for the purpose of paying the administrative and indirect costs incurred in operating contract or grant schools in order to— "(A) enable tribes and tribal organizations operating such schools, without reducing direct program services to the beneficiaries of the program, to provide all related administrative overhead services and operations necessary to meet the requirements of law and prudent management practice, and "(B) carry out other necessary support functions which would otherwise be provided by the Secretary or other Federal officers or employees, from resources other than direct program funds, in support of comparable Bureau operated programs. "(2) Amounts appropriatea to fund the grants provided under this section shall be in addition to, and shall not reduce, the amounts appropriated for the program being administered by the contract or grant school. "(b)(1) The amount of the grant provided to each tribe or tribal organization under this section for each fiscal year shall be determined by applying the administrative cost percentage rate of the tribe or tribal organization to the aggregate of the Bureau elementary and secondary functions operated by the tribe or tribal organization for which funds are received from or through the Bureau. The administrative cost percentage rate determined under subsection (c) does not apply to other programs operated by the tribe or tribal organization. "(2) The Secretary shall— "(A) reduce the amount of the grant determined under paragraph (1) to the extent that payments for administrative costs are actually received by an Indian tribe or tribal organization under any Federal education program included in the direct cost base of the tribe or tribal organization, and "(B) take such actions as may be necessary to be reimbursed by any other department or agency of the Federal Government for the portion of grants made under this section for the costs of administering any program for Indians that is funded by appropriations made to such other department or agency. "(c)(1) For purposes of this section, the administrative cost percentage rate for a contract or grant school for a fiscal year is equal to the percentage determined by dividing— "(A) the sum of— "(i) the amount equal to— "(I) the direct cost base of the tribe or tribal organization for the fiscal year, multiplied by "(II) the minimum base rate, plus "(ii) the amount equal to— "(I) the standard direct cost base, multiplied by "(II) the maximum base rate, by "(B) the sum of— "(i) the direct cost base of the tribe or tribal organization for the fiscal year, plus "(ii) the standard direct cost base. "(2) The administrative cost percentage rate shall be determined to the Vioo of a decimal point.
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