(a) Application of existing procedures Except as provided in subsection (b), the requirements relating to student eligibility, needs analysis, and determination of eligibility for the program to be attended regularly incorporated by reference into contracts under the Indian Self-Determination and Education Assistance Act [ 25 U.S.C. 5301 et seq.] for tribal operation of higher education grant programs prior to January 1, 1991 , shall apply. (b) Additional, excess, and incremental costs The tribe or tribal organization may establish in writing, subject to the review of the Secretary, procedures for determining additional, excess, or inducement costs to be associated with grants for critical area service agreements. ( Pub. L. 102–325, title XIII, § 1325 , July 23, 1992 , 106 Stat. 805 .) Editorial Notes References in Text The Indian Self-Determination and Education Assistance Act , referred to in subsec. (a), is Pub. L. 93–638 , Jan. 4, 1975 , 88 Stat. 2203 , which is classified principally to chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.