§ 2507. Application with respect to Indian Self-Determination and Education Assistance Act
(a)
Certain provisions to apply to grants
The following provisions of the Indian Self-Determination and Education Assistance Act [25 U.S.C. 450 et seq.] (and any subsequent revisions thereto or renumbering thereof), shall apply to grants provided under this chapter:
(7)
Section
105
(l) [25 U.S.C. 450j
(l)] (relating to lease of facility used for administration and delivery of services).
(8)
Section
106
(f) [25 U.S.C. 450j–1
(f)] (relating to limitation on remedies relating to cost allowances).
(9)
Section
106
(j) [25 U.S.C. 450j–1
(j)] (relating to use of funds for matching or cost participation requirements).
(b)
Election for grant in lieu of contract
(1)
In general
Contractors for activities to which this chapter applies who have entered into a contract under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 450 et seq.] that is in effect on January 8, 2002, may, by giving notice to the Secretary, elect to have the provisions of this chapter apply to such activity in lieu of such contract.
(2)
Effective date of election
Any election made under paragraph (1) shall take effect on the first day of July immediately following the date of such election.
(3)
Exception
In any case in which the first day of July immediately following the date of an election under paragraph (1) is less than 60 days after such election, such election shall not take effect until the first day of July of [6] year following the year in which the election is made.
(d)
Transfers and carryovers
(1)
Buildings, equipment, supplies, materials
A tribe or tribal organization assuming the operation of—
(A)
a Bureau school with assistance under this chapter shall be entitled to the transfer or use of buildings, equipment, supplies, and materials to the same extent as if it were contracting under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 450 et seq.]; or
(B)
a contract school with assistance under this chapter shall be entitled to the transfer or use of buildings, equipment, supplies, and materials that were used in the operation of the contract school to the same extent as if it were contracting under the Indian Self-Determination and Education Assistance Act.
(2)
Funds
Any tribe or tribal organization which assumes operation of a Bureau school with assistance under this chapter and any tribe or tribal organization which elects to operate a school with assistance under this chapter rather that [7] to continue as a contract school shall be entitled to any funds which would carryover from the previous fiscal year as if such school were operated as a contract school.
(3)
Funding for school improvement
Any tribe or tribal organization that assumes operation of a Bureau school or a contract school with assistance under this chapter shall be eligible for funding for the improvement, alteration, replacement, and repair of facilities to the same extent as a Bureau school.
(e)
Exceptions, problems, and disputes
Any exception or problem cited in an audit conducted pursuant to section
2505
(b)(1) of this title, any dispute regarding a grant authorized to be made pursuant to this chapter or any amendment to such grant, and any dispute involving an administrative cost grant under section
2008 of this title shall be administered under the provisions governing such exceptions, problems, or disputes in the case of contracts under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 450 et seq.]. The Equal Access to Justice Act shall apply to administrative appeals filed after September 8, 1988, by grantees regarding a grant under this chapter, including an administrative cost grant.
[1] So in original. Probably should be “1(b)(5)”.
[2] So in original. Probably should be “1(b)(7)”.
[3] So in original. Probably should be “1(b)(8)”.
[4] So in original. Probably should be “1(b)(9)”.
[5] So in original. There probably should be a second closing parenthesis.
[6] So in original. Probably should be followed by “the”.
[7] So in original. Probably should be “than”.