PUBLIC LAW 107-110-JAN. 8, 2002 115 STAT. 2033 "(i) contract or grant (or other agreement) administration; "(ii) executive, policy, and corporate leadership and decisionmaking; "(iii) program planning, development, and management; "(iv) fiscal, personnel, property, and procurement management; "(v) related office services and record keeping; and "(vi) costs of necessary insurance, auditing, legal, safety and security services. "(2) BUREAU ELEMENTARY AND SECONDARY FUNCTIONS.— The term 'Bureau elementary and secondary functions' means— "(A) all functions funded at Bureau schools by the Office; "(B) all programs— "(i) funds for which are appropriated to other agencies of the Federal Government; and "(ii) which are administered for the benefit of Indians through Bureau schools; and "(C) all operation, maintenance, and repair funds for facilities and Government quarters used in the operation or support of elementary and secondary education functions for the benefit of Indians, from whatever source derived. "(3) DIRECT COST BASE.— "(A) IN GENERAL.— Except as otherwise provided in subparagraph (B), the direct cost base of a tribe or tribal organization for the fiscal year is the aggregate direct cost program funding for all tribal elementary or secondary educational programs operated by the tribe or tribal organization during— "(i) the second fiscal year preceding such fiscal year; or "(ii) if such programs have not been operated by the tribe or tribal organization during the 2 preceding fiscal years, the first fiscal year preceding such fiscal year. "(B) FUNCTIONS NOT PREVIOUSLY OPERATED.— In the case of Bureau elementary or secondary education functions which have not previously been operated by a tribe or tribal organization under contract, grant, or agreement with the Bureau, the direct cost base for the initial year shall be the projected aggregate direct cost program funding for all Bureau elementary and secondary functions to be operated by the tribe or tribal organization during that fiscal year. "(4) MAXIMUM BASE RATE.— The term 'maximum base rate' means 50 percent. "(5) MINIMUM BASE RATE.— The term 'minimum base rate' means 11 percent. "(6) STANDARD DIRECT COST BASE.— The term 'standard direct cost base' means $600,000. "(7) TRIBAL ELEMENTARY OR SECONDARY EDUCATIONAL PRO- GRAMS. —The term 'tribal elementary or secondary educational programs' means all Bureau elementary and secondary functions, together with any other Bureau programs or portions 89-1940 -03-34QL3Part2
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