Grant cohort structure, duration, and amount

(a) Reservation for tribal educational agencies including the Bureau of Indian Education From the amount appropriated to carry out this Act for a fiscal year, the Secretary shall reserve 5 percent for the Secretary of the Interior to carry out this Act for schools operated by the Bureau of Indian Education or schools that are operated by an Indian Tribe, or an organization controlled or sanctioned by an Indian tribal government, for the children of that Tribe under a contract with, or grant from, the Department of the Interior under the Indian Self-Determination Act (25 U.S.C. 5321 et seq.) or the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.). (b) Cohort structure (1) In general Grants awarded under this Act shall be awarded in cohorts on a biennial cycle. (2) Eligibility Each cohort shall be eligible for— (A) a planning grant described in section 4(a) in the first year; and (B) subject to the availability of appropriated funds and a determination by the Secretary that the grantee has demonstrated the viability of the proposed project, an implementation grant described in section 4(b) in the second year. (3) Criteria for viability The Secretary shall establish criteria for determining viability under paragraph (2), which may include the adequacy of the concept plan described in section 4(a)(3)(A). (c) Grant amounts and duration (1) Grant amounts From the amount remaining for a fiscal year after making the reservation under subsection (a), the Secretary shall use— (A) 30 percent of such amount to award planning grants under section 4(a); and (B) 70 percent of such amount to award implementation grants under section 4(b). (2) Amounts An eligible entity may receive not more than $1,000,000 in grant awards for both a planning grant and implementation grant in total under section 4. (3) Duration Planning grants and implementation grants awarded under section 4 shall each be for a period of not more than 2 years, for a total of 4 years. (4) Reallocation The Secretary may authorize the reallocation of funds awarded under a planning grant to support implementation activities in a subsequent fiscal year, provided such reallocation does not exceed the total award cap established under this section and is consistent with the purposes of the grant. (d) Surplus funds (1) Use of surplus funds for additional grant awards If, after awarding initial planning grants, the Secretary determines that remaining unobligated funds are available due to awardees requesting less than the maximum grant amount or due to denial of applications for failure to demonstrate concept plan viability under section 4(a)(3)(A), the Secretary may use such remaining funds to make additional grant awards to other eligible entities from the same application cycle, if— (A) such applicants meet or exceed the minimum criteria for awards established in the notice inviting applications; (B) the total amount awarded in a fiscal year does not exceed the amount appropriated for that year; and (C) such additional awards do not exceed the maximum grant amount specified under subsection (c). (2) Priority In making additional awards, the Secretary shall prioritize applicants that scored highly, but were not initially funded due to funding limitations.