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U.S. Code as of:
01/19/04
Section 1411. Authorization; allotment; use of funds; authorization of appropriations
(a) Grants to States
(1) Purpose of grants
The Secretary shall make grants to States and the outlying
areas, and provide funds to the Secretary of the Interior, to
assist them to provide special education and related services to
children with disabilities in accordance with this subchapter.
(2) Maximum amounts
The maximum amount of the grant a State may receive under this
section for any fiscal year is -
(A) the number of children with disabilities in the State who
are receiving special education and related services -
(i) aged 3 through 5 if the State is eligible for a grant
under section 1419 of this title; and
(ii) aged 6 through 21; multiplied by
(B) 40 percent of the average per-pupil expenditure in public
elementary and secondary schools in the United States.
(b) Outlying areas and freely associated States
(1) Funds reserved
From the amount appropriated for any fiscal year under
subsection (j) of this section, the Secretary shall reserve not
more than one percent, which shall be used -
(A) to provide assistance to the outlying areas in accordance
with their respective populations of individuals aged 3 through
21; and
(B) for fiscal years 1998 through 2001, to carry out the
competition described in paragraph (2), except that the amount
reserved to carry out that competition shall not exceed the
amount reserved for fiscal year 1996 for the competition under
this subchapter described under the heading "SPECIAL EDUCATION"
in Public Law 104-134.
(2) Limitation for freely associated States
(A) Competitive grants
The Secretary shall use funds described in paragraph (1)(B)
to award grants, on a competitive basis, to Guam, American
Samoa, the Commonwealth of the Northern Mariana Islands, and
the freely associated States to carry out the purposes of this
subchapter.
(B) Award basis
The Secretary shall award grants under subparagraph (A) on a
competitive basis, pursuant to the recommendations of the
Pacific Region Educational Laboratory in Honolulu, Hawaii.
Those recommendations shall be made by experts in the field of
special education and related services.
(C) Assistance requirements
Any freely associated State that wishes to receive funds
under this subchapter shall include, in its application for
assistance -
(i) information demonstrating that it will meet all
conditions that apply to States under this subchapter;
(ii) an assurance that, notwithstanding any other provision
of this subchapter, it will use those funds only for the
direct provision of special education and related services to
children with disabilities and to enhance its capacity to
make a free appropriate public education available to all
children with disabilities;
(iii) the identity of the source and amount of funds, in
addition to funds under this subchapter, that it will make
available to ensure that a free appropriate public education
is available to all children with disabilities within its
jurisdiction; and
(iv) such other information and assurances as the Secretary
may require.
(D) Termination of eligibility
Notwithstanding any other provision of law, the freely
associated States shall not receive any funds under this
subchapter for any program year that begins after September 30,
2001.
(E) Administrative costs
The Secretary may provide not more than five percent of the
amount reserved for grants under this paragraph to pay the
administrative costs of the Pacific Region Educational
Laboratory under subparagraph (B).
(3) Limitation
An outlying area is not eligible for a competitive award under
paragraph (2) unless it receives assistance under paragraph
(1)(A).
(4) Special rule
The provisions of Public Law 95-134, permitting the
consolidation of grants by the outlying areas, shall not apply to
funds provided to those areas or to the freely associated States
under this section.
(5) Eligibility for discretionary programs
The freely associated States shall be eligible to receive
assistance under part B of subchapter IV of this chapter until
September 30, 2001.
(6) "Freely associated States" defined
As used in this subsection, the term "freely associated States"
means the Republic of the Marshall Islands, the Federated States
of Micronesia, and the Republic of Palau.
(c) Secretary of the Interior
From the amount appropriated for any fiscal year under subsection
(j) of this section, the Secretary shall reserve 1.226 percent to
provide assistance to the Secretary of the Interior in accordance
with subsection (i) of this section.
(d) Allocations to States
(1) In general
After reserving funds for studies and evaluations under section
1474(e) of this title, and for payments to the outlying areas and
the Secretary of the Interior under subsections (b) and (c) of
this section, the Secretary shall allocate the remaining amount
among the States in accordance with paragraph (2) or subsection
(e) of this section, as the case may be.
(2) Interim formula
Except as provided in subsection (e) of this section, the
Secretary shall allocate the amount described in paragraph (1)
among the States in accordance with section 611(a)(3), (4), and
(5) and (b)(1), (2), and (3) of this Act, as in effect prior to
June 4, 1997, except that the determination of the number of
children with disabilities receiving special education and
related services under such section 611(a)(3) may, at the State's
discretion, be calculated as of the last Friday in October or as
of December 1 of the fiscal year for which the funds are
appropriated.
(e) Permanent formula
(1) Establishment of base year
The Secretary shall allocate the amount described in subsection
(d)(1) of this section among the States in accordance with this
subsection for each fiscal year beginning with the first fiscal
year for which the amount appropriated under subsection (j) of
this section is more than $4,924,672,200.
(2) Use of base year
(A) "Base year" defined
As used in this subsection, the term "base year" means the
fiscal year preceding the first fiscal year in which this
subsection applies.
(B) Special rule for use of base year amount
If a State received any funds under this section for the base
year on the basis of children aged 3 through 5, but does not
make a free appropriate public education available to all
children with disabilities aged 3 through 5 in the State in any
subsequent fiscal year, the Secretary shall compute the State's
base year amount, solely for the purpose of calculating the
State's allocation in that subsequent year under paragraph (3)
or (4), by subtracting the amount allocated to the State for
the base year on the basis of those children.
(3) Increase in funds
If the amount available for allocations to States under
paragraph (1) is equal to or greater than the amount allocated to
the States under this paragraph for the preceding fiscal year,
those allocations shall be calculated as follows:
(A)(i) Except as provided in subparagraph (B), the Secretary
shall -
(I) allocate to each State the amount it received for the
base year;
(II) allocate 85 percent of any remaining funds to States
on the basis of their relative populations of children aged 3
through 21 who are of the same age as children with
disabilities for whom the State ensures the availability of a
free appropriate public education under this subchapter; and
(III) allocate 15 percent of those remaining funds to
States on the basis of their relative populations of children
described in subclause (II) who are living in poverty.
(ii) For the purpose of making grants under this paragraph,
the Secretary shall use the most recent population data,
including data on children living in poverty, that are
available and satisfactory to the Secretary.
(B) Notwithstanding subparagraph (A), allocations under this
paragraph shall be subject to the following:
(i) No State's allocation shall be less than its allocation
for the preceding fiscal year.
(ii) No State's allocation shall be less than the greatest
of -
(I) the sum of -
(aa) the amount it received for the base year; and
(bb) one third of one percent of the amount by which
the amount appropriated under subsection (j) of this
section exceeds the amount appropriated under this
section for the base year;
(II) the sum of -
(aa) the amount it received for the preceding fiscal
year; and
(bb) that amount multiplied by the percentage by which
the increase in the funds appropriated from the preceding
fiscal year exceeds 1.5 percent; or
(III) the sum of -
(aa) the amount it received for the preceding fiscal
year; and
(bb) that amount multiplied by 90 percent of the
percentage increase in the amount appropriated from the
preceding fiscal year.
(iii) Notwithstanding clause (ii), no State's allocation
under this paragraph shall exceed the sum of -
(I) the amount it received for the preceding fiscal year;
and
(II) that amount multiplied by the sum of 1.5 percent and
the percentage increase in the amount appropriated.
(C) If the amount available for allocations under this
paragraph is insufficient to pay those allocations in full,
those allocations shall be ratably reduced, subject to
subparagraph (B)(i).
(4) Decrease in funds
If the amount available for allocations to States under
paragraph (1) is less than the amount allocated to the States
under this section for the preceding fiscal year, those
allocations shall be calculated as follows:
(A) If the amount available for allocations is greater than
the amount allocated to the States for the base year, each
State shall be allocated the sum of -
(i) the amount it received for the base year; and
(ii) an amount that bears the same relation to any
remaining funds as the increase the State received for the
preceding fiscal year over the base year bears to the total
of all such increases for all States.
(B)(i) If the amount available for allocations is equal to or
less than the amount allocated to the States for the base year,
each State shall be allocated the amount it received for the
base year.
(ii) If the amount available is insufficient to make the
allocations described in clause (i), those allocations shall be
ratably reduced.
(f) State-level activities
(1) General
(A) Each State may retain not more than the amount described in
subparagraph (B) for administration and other State-level
activities in accordance with paragraphs (2) and (3).
(B) For each fiscal year, the Secretary shall determine and
report to the State educational agency an amount that is 25
percent of the amount the State received under this section for
fiscal year 1997, cumulatively adjusted by the Secretary for each
succeeding fiscal year by the lesser of -
(i) the percentage increase, if any, from the preceding
fiscal year in the State's allocation under this section; or
(ii) the rate of inflation, as measured by the percentage
increase, if any, from the preceding fiscal year in the
Consumer Price Index For All Urban Consumers, published by the
Bureau of Labor Statistics of the Department of Labor.
(C) A State may use funds it retains under subparagraph (A)
without regard to -
(i) the prohibition on commingling of funds in section
1412(a)(18)(B) of this title; and
(ii) the prohibition on supplanting other funds in section
1412(a)(18)(C) of this title.
(2) State administration
(A) For the purpose of administering this subchapter, including
section 1419 of this title (including the coordination of
activities under this subchapter with, and providing technical
assistance to, other programs that provide services to children
with disabilities) -
(i) each State may use not more than twenty percent of the
maximum amount it may retain under paragraph (1)(A) for any
fiscal year or $500,000 (adjusted by the cumulative rate of
inflation since fiscal year 1998, as measured by the percentage
increase, if any, in the Consumer Price Index For All Urban
Consumers, published by the Bureau of Labor Statistics of the
Department of Labor), whichever is greater; and
(ii) each outlying area may use up to five percent of the
amount it receives under this section for any fiscal year or
$35,000, whichever is greater.
(B) Funds described in subparagraph (A) may also be used for
the administration of subchapter III of this chapter, if the
State educational agency is the lead agency for the State under
that subchapter.
(3) Other State-level activities
Each State shall use any funds it retains under paragraph (1)
and does not use for administration under paragraph (2) for any
of the following:
(A) Support and direct services, including technical
assistance and personnel development and training.
(B) Administrative costs of monitoring and complaint
investigation, but only to the extent that those costs exceed
the costs incurred for those activities during fiscal year
1985.
(C) To establish and implement the mediation process required
by section 1415(e) of this title, including providing for the
costs of mediators and support personnel.
(D) To assist local educational agencies in meeting personnel
shortages.
(E) To develop a State Improvement Plan under part A of
subchapter IV of this chapter.
(F) Activities at the State and local levels to meet the
performance goals established by the State under section
1412(a)(16) of this title and to support implementation of the
State Improvement Plan under part A of subchapter IV of this
chapter if the State receives funds under that part.
(G) To supplement other amounts used to develop and implement
a Statewide coordinated services system designed to improve
results for children and families, including children with
disabilities and their families, but not to exceed one percent
of the amount received by the State under this section. This
system shall be coordinated with and, to the extent
appropriate, build on the system of coordinated services
developed by the State under subchapter III of this chapter.
(H) For subgrants to local educational agencies for the
purposes described in paragraph (4)(A).
(4)(A) Subgrants to local educational agencies for
capacity-building and improvement
In any fiscal year in which the percentage increase in the
State's allocation under this section exceeds the rate of
inflation (as measured by the percentage increase, if any, from
the preceding fiscal year in the Consumer Price Index For All
Urban Consumers, published by the Bureau of Labor Statistics of
the Department of Labor), each State shall reserve, from its
allocation under this section, the amount described in
subparagraph (B) to make subgrants to local educational agencies,
unless that amount is less than $100,000, to assist them in
providing direct services and in making systemic change to
improve results for children with disabilities through one or
more of the following:
(i) Direct services, including alternative programming for
children who have been expelled from school, and services for
children in correctional facilities, children enrolled in
State-operated or State-supported schools, and children in
charter schools.
(ii) Addressing needs or carrying out improvement strategies
identified in the State's Improvement Plan under part A of
subchapter IV of this chapter.
(iii) Adopting promising practices, materials, and
technology, based on knowledge derived from education research
and other sources.
(iv) Establishing, expanding, or implementing interagency
agreements and arrangements between local educational agencies
and other agencies or organizations concerning the provision of
services to children with disabilities and their families.
(v) Increasing cooperative problem-solving between parents
and school personnel and promoting the use of alternative
dispute resolution.
(B) Maximum subgrant
For each fiscal year, the amount referred to in subparagraph
(A) is -
(i) the maximum amount the State was allowed to retain under
paragraph (1)(A) for the prior fiscal year, or for fiscal year
1998, 25 percent of the State's allocation for fiscal year 1997
under this section; multiplied by
(ii) the difference between the percentage increase in the
State's allocation under this section and the rate of
inflation, as measured by the percentage increase, if any, from
the preceding fiscal year in the Consumer Price Index For All
Urban Consumers, published by the Bureau of Labor Statistics of
the Department of Labor.
(5) Report on use of funds
As part of the information required to be submitted to the
Secretary under section 1412 of this title, each State shall
annually describe -
(A) how amounts retained under paragraph (1) will be used to
meet the requirements of this subchapter;
(B) how those amounts will be allocated among the activities
described in paragraphs (2) and (3) to meet State priorities
based on input from local educational agencies; and
(C) the percentage of those amounts, if any, that will be
distributed to local educational agencies by formula.
(g) Subgrants to local educational agencies
(1) Subgrants required
Each State that receives a grant under this section for any
fiscal year shall distribute any funds it does not retain under
subsection (f) of this section (at least 75 percent of the grant
funds) to local educational agencies in the State that have
established their eligibility under section 1413 of this title,
and to State agencies that received funds under section 614A(a)
of this Act for fiscal year 1997, as then in effect, and have
established their eligibility under section 1413 of this title,
for use in accordance with this subchapter.
(2) Allocations to local educational agencies
(A) Interim procedure
For each fiscal year for which funds are allocated to States
under subsection (d)(2) of this section, each State shall
allocate funds under paragraph (1) in accordance with section
611(d) of this Act, as in effect prior to June 4, 1997.
(B) Permanent procedure
For each fiscal year for which funds are allocated to States
under subsection (e) of this section, each State shall allocate
funds under paragraph (1) as follows:
(i) Base payments
The State shall first award each agency described in
paragraph (1) the amount that agency would have received
under this section for the base year, as defined in
subsection (e)(2)(A) of this section, if the State had
distributed 75 percent of its grant for that year under
section 611(d), as then in effect.
(ii) Allocation of remaining funds
After making allocations under clause (i), the State shall
-
(I) allocate 85 percent of any remaining funds to those
agencies on the basis of the relative numbers of children
enrolled in public and private elementary and secondary
schools within the agency's jurisdiction; and
(II) allocate 15 percent of those remaining funds to
those agencies in accordance with their relative numbers of
children living in poverty, as determined by the State
educational agency.
(3) Former chapter 1 State agencies
(A) To the extent necessary, the State -
(i) shall use funds that are available under subsection
(f)(1)(A) of this section to ensure that each State agency that
received fiscal year 1994 funds under subpart 2 of part D of
chapter 1 of title I of the Elementary and Secondary Education
Act of 1965 receives, from the combination of funds under
subsection (f)(1)(A) of this section and funds provided under
paragraph (1) of this subsection, an amount equal to -
(I) the number of children with disabilities, aged 6
through 21, to whom the agency was providing special
education and related services on December 1 of the fiscal
year for which the funds were appropriated, subject to the
limitation in subparagraph (B); multiplied by
(II) the per-child amount provided under such subpart for
fiscal year 1994; and
(ii) may use those funds to ensure that each local
educational agency that received fiscal year 1994 funds under
that subpart for children who had transferred from a
State-operated or State-supported school or program assisted
under that subpart receives, from the combination of funds
available under subsection (f)(1)(A) of this section and funds
provided under paragraph (1) of this subsection, an amount for
each such child, aged 3 through 21 to whom the agency was
providing special education and related services on December 1
of the fiscal year for which the funds were appropriated, equal
to the per-child amount the agency received under that subpart
for fiscal year 1994.
(B) The number of children counted under subparagraph (A)(i)(I)
shall not exceed the number of children aged 3 through 21 for
whom the agency received fiscal year 1994 funds under subpart 2
of part D of chapter 1 of title I of the Elementary and Secondary
Education Act of 1965.
(4) Reallocation of funds
If a State educational agency determines that a local
educational agency is adequately providing a free appropriate
public education to all children with disabilities residing in
the area served by that agency with State and local funds, the
State educational agency may reallocate any portion of the funds
under this subchapter that are not needed by that local agency to
provide a free appropriate public education to other local
educational agencies in the State that are not adequately
providing special education and related services to all children
with disabilities residing in the areas they serve.
(h) Definitions
For the purpose of this section -
(1) the term "average per-pupil expenditure in public
elementary and secondary schools in the United States" means -
(A) without regard to the source of funds -
(i) the aggregate current expenditures, during the second
fiscal year preceding the fiscal year for which the
determination is made (or, if satisfactory data for that year
are not available, during the most recent preceding fiscal
year for which satisfactory data are available) of all local
educational agencies in the 50 States and the District of
Columbia); plus
(ii) any direct expenditures by the State for the operation
of those agencies; divided by
(B) the aggregate number of children in average daily
attendance to whom those agencies provided free public
education during that preceding year; and
(2) the term "State" means each of the 50 States, the District
of Columbia, and the Commonwealth of Puerto Rico.
(i) Use of amounts by Secretary of the Interior
(1) Provision of amounts for assistance
(A) In general
The Secretary of Education shall provide amounts to the
Secretary of the Interior to meet the need for assistance for
the education of children with disabilities on reservations
aged 5 to 21, inclusive, enrolled in elementary and secondary
schools for Indian children operated or funded by the Secretary
of the Interior. The amount of such payment for any fiscal year
shall be equal to 80 percent of the amount allotted under
subsection (c) of this section for that fiscal year.
(B) Calculation of number of children
In the case of Indian students aged 3 to 5, inclusive, who
are enrolled in programs affiliated with the Bureau of Indian
Affairs (hereafter in this subsection referred to as "BIA")
schools and that are required by the States in which such
schools are located to attain or maintain State accreditation,
and which schools have such accreditation prior to October 7,
1991, the school shall be allowed to count those children for
the purpose of distribution of the funds provided under this
paragraph to the Secretary of the Interior. The Secretary of
the Interior shall be responsible for meeting all of the
requirements of this subchapter for these children, in
accordance with paragraph (2).
(C) Additional requirement
With respect to all other children aged 3 to 21, inclusive,
on reservations, the State educational agency shall be
responsible for ensuring that all of the requirements of this
subchapter are implemented.
(2) Submission of information
The Secretary of Education may provide the Secretary of the
Interior amounts under paragraph (1) for a fiscal year only if
the Secretary of the Interior submits to the Secretary of
Education information that -
(A) demonstrates that the Department of the Interior meets
the appropriate requirements, as determined by the Secretary of
Education, of sections 1412 (including monitoring and
evaluation activities) and 1413 of this title;
(B) includes a description of how the Secretary of the
Interior will coordinate the provision of services under this
subchapter with local educational agencies, tribes and tribal
organizations, and other private and Federal service providers;
(C) includes an assurance that there are public hearings,
adequate notice of such hearings, and an opportunity for
comment afforded to members of tribes, tribal governing bodies,
and affected local school boards before the adoption of the
policies, programs, and procedures described in subparagraph
(A);
(D) includes an assurance that the Secretary of the Interior
will provide such information as the Secretary of Education may
require to comply with section 1418 of this title;
(E) includes an assurance that the Secretary of the Interior
and the Secretary of Health and Human Services have entered
into a memorandum of agreement, to be provided to the Secretary
of Education, for the coordination of services, resources, and
personnel between their respective Federal, State, and local
offices and with State and local educational agencies and other
entities to facilitate the provision of services to Indian
children with disabilities residing on or near reservations
(such agreement shall provide for the apportionment of
responsibilities and costs including, but not limited to, child
find, evaluation, diagnosis, remediation or therapeutic
measures, and (where appropriate) equipment and medical or
personal supplies as needed for a child to remain in school or
a program); and
(F) includes an assurance that the Department of the Interior
will cooperate with the Department of Education in its exercise
of monitoring and oversight of this application, and any
agreements entered into between the Secretary of the Interior
and other entities under this subchapter, and will fulfill its
duties under this subchapter.
Section 1416(a) of this title shall apply to the information
described in this paragraph.
(3) Payments for education and services for Indian children with
disabilities aged 3 through 5
(A) In general
With funds appropriated under subsection (j) of this section,
the Secretary of Education shall make payments to the Secretary
of the Interior to be distributed to tribes or tribal
organizations (as defined under section 450b of title 25) or
consortia of the above to provide for the coordination of
assistance for special education and related services for
children with disabilities aged 3 through 5 on reservations
served by elementary and secondary schools for Indian children
operated or funded by the Department of the Interior. The
amount of such payments under subparagraph (B) for any fiscal
year shall be equal to 20 percent of the amount allotted under
subsection (c) of this section.
(B) Distribution of funds
The Secretary of the Interior shall distribute the total
amount of the payment under subparagraph (A) by allocating to
each tribe or tribal organization an amount based on the number
of children with disabilities ages 3 through 5 residing on
reservations as reported annually, divided by the total of
those children served by all tribes or tribal organizations.
(C) Submission of information
To receive a payment under this paragraph, the tribe or
tribal organization shall submit such figures to the Secretary
of the Interior as required to determine the amounts to be
allocated under subparagraph (B). This information shall be
compiled and submitted to the Secretary of Education.
(D) Use of funds
The funds received by a tribe or tribal organization shall be
used to assist in child find, screening, and other procedures
for the early identification of children aged 3 through 5,
parent training, and the provision of direct services. These
activities may be carried out directly or through contracts or
cooperative agreements with the BIA, local educational
agencies, and other public or private nonprofit organizations.
The tribe or tribal organization is encouraged to involve
Indian parents in the development and implementation of these
activities. The above entities shall, as appropriate, make
referrals to local, State, or Federal entities for the
provision of services or further diagnosis.
(E) Biennial report
To be eligible to receive a grant pursuant to subparagraph
(A), the tribe or tribal organization shall provide to the
Secretary of the Interior a biennial report of activities
undertaken under this paragraph, including the number of
contracts and cooperative agreements entered into, the number
of children contacted and receiving services for each year, and
the estimated number of children needing services during the 2
years following the one in which the report is made. The
Secretary of the Interior shall include a summary of this
information on a biennial basis in the report to the Secretary
of Education required under this subsection. The Secretary of
Education may require any additional information from the
Secretary of the Interior.
(F) Prohibitions
None of the funds allocated under this paragraph may be used
by the Secretary of the Interior for administrative purposes,
including child count and the provision of technical
assistance.
(4) Plan for coordination of services
The Secretary of the Interior shall develop and implement a
plan for the coordination of services for all Indian children
with disabilities residing on reservations covered under this
chapter. Such plan shall provide for the coordination of services
benefiting these children from whatever source, including tribes,
the Indian Health Service, other BIA divisions, and other Federal
agencies. In developing the plan, the Secretary of the Interior
shall consult with all interested and involved parties. It shall
be based on the needs of the children and the system best suited
for meeting those needs, and may involve the establishment of
cooperative agreements between the BIA, other Federal agencies,
and other entities. The plan shall also be distributed upon
request to States, State and local educational agencies, and
other agencies providing services to infants, toddlers, and
children with disabilities, to tribes, and to other interested
parties.
(5) Establishment of advisory board
To meet the requirements of section 1412(a)(21) of this title,
the Secretary of the Interior shall establish, not later than 6
months after June 4, 1997, under the BIA, an advisory board
composed of individuals involved in or concerned with the
education and provision of services to Indian infants, toddlers,
children, and youth with disabilities, including Indians with
disabilities, Indian parents or guardians of such children,
teachers, service providers, State and local educational
officials, representatives of tribes or tribal organizations,
representatives from State Interagency Coordinating Councils
under section 1441 of this title in States having reservations,
and other members representing the various divisions and entities
of the BIA. The chairperson shall be selected by the Secretary of
the Interior. The advisory board shall -
(A) assist in the coordination of services within the BIA and
with other local, State, and Federal agencies in the provision
of education for infants, toddlers, and children with
disabilities;
(B) advise and assist the Secretary of the Interior in the
performance of the Secretary's responsibilities described in
this subsection;
(C) develop and recommend policies concerning effective
inter- and intra-agency collaboration, including modifications
to regulations, and the elimination of barriers to inter- and
intra-agency programs and activities;
(D) provide assistance and disseminate information on best
practices, effective program coordination strategies, and
recommendations for improved educational programming for Indian
infants, toddlers, and children with disabilities; and
(E) provide assistance in the preparation of information
required under paragraph (2)(D).
(6) Annual reports
(A) In general
The advisory board established under paragraph (5) shall
prepare and submit to the Secretary of the Interior and to the
Congress an annual report containing a description of the
activities of the advisory board for the preceding year.
(B) Availability
The Secretary of the Interior shall make available to the
Secretary of Education the report described in subparagraph
(A).
(j) Authorization of appropriations
For the purpose of carrying out this subchapter, other than
section 1419 of this title, there are authorized to be appropriated
such sums as may be necessary.
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