108 
(iii) in paragraph (2), as redesignated, 
by striking ‘‘shall’’ and inserting ‘‘may’’; 
and 
(iv) in paragraph (3), as redesignated, 
by striking ‘‘basis of—’’ and all that fol-
lows through ‘‘grants’’ and inserting ‘‘basis 
of the length of any period during which 
the eligible entity has received a grant or 
grants’’. 
SEC. 160. TRIBAL EDUCATIONAL AGENCY COOPERATIVE 
AGREEMENTS. 
Subpart 2 of part A of title VII of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7441 
et seq.) is amended by adding at the end the following: 
‘‘SEC. 7123. TRIBAL EDUCATION AGENCY COOPERATIVE 
AGREEMENTS. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of this Act, an Indian tribe may enter into a cooper-
ative agreement with a State educational agency or a local 
education agency that serves a school within the Indian 
lands of such Indian tribe. 
‘‘(b) COOPERATIVE AGREEMENT.—Upon the request 
of an Indian tribe that includes, within the Indian lands 
of the tribe, a school served by a State educational agency 
or a local educational agency that receives assistance 
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under this Act, the State educational agency or local edu-
cational agency shall enter into a cooperative agreement 
with the Indian tribe with respect to such school. The In-
dian tribe and the State educational agency or local edu-
cational agency, as the case may be, shall determine the 
terms of the agreement, and the agreement may— 
‘‘(1) authorize the tribal education agency of 
the Indian tribe to plan, conduct, consolidate, and 
administer programs, services, functions, and activi-
ties, or portions thereof, administered by the State 
educational agency or local educational agency; and 
‘‘(2) authorize the tribal education agency to 
reallocate funds for such programs, services, func-
tions, and activities, or portions thereof as nec-
essary. 
‘‘(c) DISAGREEMENT.—If an Indian tribe has re-
quested a cooperative agreement under subsection (b) with 
a State educational agency or local educational agency 
that receives assistance under this Act, and the Indian 
tribe and State educational agency or local educational 
agency cannot reach an agreement, the Indian tribe may 
submit to the Secretary the information that the Secretary 
determines relevant to make a determination. The Sec-
retary shall provide notice to the affected State edu-
cational agency or local educational agency not later than 
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30 days after receiving the Indian tribe’s submission. 
After such notice is made, the State educational agency 
or local educational agency has 30 days to submit informa-
tion that the Secretary determines relevant in relation to 
the disagreement. After the 30 days provided to the State 
educational agency or local educational agency has 
elapsed, the Secretary shall make a determination. 
‘‘(d) CONSORTIUM OF TRIBES.—Nothing in this sec-
tion shall preclude the development and submission of a 
single tribal education agencies pilot project cooperative 
agreement by the participating Indian tribes of an inter-
tribal consortium. 
‘‘(e) 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.’’. 
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