Tribal School Construction Demonstration Program.

Sec. 122. Tribal School Construction Demonstration Program. (a) Definitions.—In this section:(1) Construction.—The term “construction”, with respect to a tribally controlled school, includes the construction or renovation of that school.(2) Indian tribe.—The term “Indian tribe” has the meaning given that term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)).(3) Secretary.—The term “Secretary” means the Secretary of the Interior.(4) Tribally controlled school.—The term “tribally controlled school” has the meaning given that term in section 5212 of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2511).(5) Department.—The term “Department” means the Department of the Interior.(6) Demonstration program.—The term “demonstration program” means the Tribal School Construction Demonstration Program.(b) In General.—The Secretary shall carry out a demonstration program for fiscal years 2003 through 2007 to provide grants to Indian tribes for the construction of tribally controlled schools.(1) In general.—Subject to the availability of appropriations, in carrying out the demonstration program under subsection (b), the Secretary shall award a grant to each Indian tribe that submits an application that is approved by the Secretary under paragraph (2). The Secretary shall ensure that an Indian tribe that agrees to fund all future operation and maintenance costs of the tribally controlled school constructed under the demonstration program from other than Federal funds receives the highest priority for a grant under this section.(2) Grant applications.—An application for a grant under the section shall—(A) include a proposal for the construction of a tribally controlled school of the Indian tribe that submits the application; and(B) be in such form as the Secretary determines appropriate.(3) Grant agreement.—As a condition to receiving a grant under this section, the Indian tribe shall enter into an agreement with the Secretary that specifies—(A) the costs of construction under the grant;(B) that the Indian tribe shall be required to contribute towards the cost of the construction a tribal share equal to 50 percent of the costs; and(C) any other term or condition that the Secretary determines to be appropriate.(4) Eligibility.—Grants awarded under the demonstration program shall be used only for construction or replacement of a tribally controlled school.117 STAT. 242(c) Effect of Grant.—A grant received under this section shall be in addition to any other funds received by an Indian tribe under any other provision of law. The receipt of a grant under this section shall not affect the eligibility of an Indian tribe receiving funding, or the amount of funding received by the Indian tribe, under the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.) or the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).(d) Report.—At the conclusion of the five-year demonstration program, the Secretary shall report to Congress as to whether the demonstration program has achieved its purposes of providing additional tribes fair opportunities to construct tribally controlled schools, accelerating construction of needed educational facilities in Indian Country, and permitting additional funds to be provided for the Department’s priority list for construction of replacement educational facilities.