113 
‘‘(1) identify the programs, services, functions, 
and activities that the tribal education agency will be 
administering for such schools; 
‘‘(2) determine the amount of funds to be pro-
vided to the Indian tribe by the allocations or grant 
amounts that would otherwise be provided to the 
State educational agency, as appropriate; and 
‘‘(3) ensure that the Secretary provides such 
funds directly to the tribe to administer such pro-
grams. 
‘‘(d) ELIGIBILITY.—In order to serve a school 
through a funding agreement under this section, the In-
dian tribe shall demonstrate— 
‘‘(1) that the school meets 1 or more of the fol-
lowing criteria— 
‘‘(A) the school is funded by the Bureau of 
Indian Affairs, whether directly or through a 
contract or compact with an Indian tribe or a 
tribal consortium; 
‘‘(B) the school receives payments under 
title VII because of students living on Indian 
land; 
‘‘(C) the school is located on Indian land; 
and 
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114 
‘‘(D) a majority of the students in the 
school are American Indian or Alaska Native; 
and 
‘‘(2) that the Indian tribe— 
‘‘(A) has the capacity to administer the 
functions for which the tribe applies for such 
school, including compliance with the fiscal ac-
countability provision of 5(f)(1) of the Indian 
Self-Determination and Education Assistance 
Act (25 U.S.C. 450c(f)(1)), relating to the sub-
mission of a single-agency audit report required 
by chapter 75 of title 31, United States Code; 
and 
‘‘(B) satisfies such other factors that the 
Secretary deems appropriate. 
‘‘(e) 
GEOGRAPHICAL
DIVERSITY.—In 
awarding 
grants under this section, the Secretary shall ensure that 
grants are provided and grant amounts are used in a man-
ner that results in national geographic diversity among In-
dian tribes applying for grants under this section. 
‘‘(f) CONSORTIUM OF TRIBES.—Nothing in this sec-
tion shall preclude the development and submission of a 
single tribal education agencies pilot project by the partici-
pating Indian tribes of an intertribal consortium. 
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115 
‘‘(g) REPORTING REQUIREMENTS.—The Secretary 
shall submit to Congress a written report 3 years after 
the date of enactment of this Act that— 
‘‘(1) identifies the relative costs and benefits of 
tribal education agencies, as demonstrated by the 
grants; 
‘‘(2) identifies the funds transferred to each 
tribal education agency and the corresponding reduc-
tion in the Federal bureaucracy; and 
‘‘(3) includes the separate views of each Indian 
tribe participating in the pilot project. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) INDIAN
LAND.—The term ‘Indian land’ 
has the meaning given that term in section 8013. 
‘‘(2) INDIAN TRIBE.—The term ‘Indian tribe’ 
means any Indian tribe, band, nation, other orga-
nized group or community, including any Native vil-
lage or Regional Corporation or Village Corporation 
as defined in or established pursuant to the Alaska 
Native Claims Settlement Act, that is recognized as 
eligible for the special programs and services pro-
vided by the United States to Indians because of 
their status as Indians. 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
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