; or (B) under title VI of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7401 et seq.). (2) Increases in program funding (A) In general Subject to subsection (e) and subparagraph (B), for any fiscal year for which the amount appropriated to carry out this Act exceeds the amount appropriated to carry out this Act for the preceding fiscal year, the excess amounts shall— (i) be allocated only to those contracting parties that did not receive their full per student funding allocation for the previous fiscal year; and (ii) be allocated first to new contracting parties that did not receive their full per student funding allocation for the previous fiscal year. (B) Parity in funding Subparagraph (A) shall have no effect after the first fiscal year for which each contracting party receives their full per student funding allocation. (g) Increased geographical and tribal participation in the Johnson-O’Malley Supplementary Education Program To the maximum extent practicable, the Secretary shall consult with Indian tribes and contact State educational agencies, local educational agencies, and Alaska Native organizations that have not previously entered into a contract under this Act— (1) to determine the interest of the Indian tribes, State educational agencies, local educational agencies, and Alaska Native organizations, in entering into such contracts; and (2) to share information relating to the process for entering into a contract under this Act. (h) Rulemaking (1) In general Not later than one year after the date of enactment of the JOM Modernization Act, the Secretary, acting through the Director of the Bureau of Indian Education, shall undertake and complete a rulemaking process, following the provisions of subchapter II of chapter 5 of title 5, United States Code, to— (A) determine how the regulatory definition of eligible Indian student may be revised to clarify eligibility requirements for contracting parties under this Act