dren are available on a school district basis, the number of such children in the school district of such local educational agency shall be at least

ten.

(2) In any other case, except as provided in paragraph (3), the number of such children in the county which includes such local educational agency's school district shall be at least ten.

(3) In any case in which a county includes a part of the school district of the local educational agency concerned and the Commissioner has not determined that satisfactory data for the purpose of this subsection are available on a school district basis for all the local educational agencies for all the counties into which the school district of the local educational agency concerned extends, the eligibility requirement with respect to the number of such children for such local educational agency shall be determined in accordance with regulations prescribed by the Commissioner for the purposes of this subsection.

(c) Federal percentage; low-income factor.

For the purposes of this section, the "Federal percentage" shall be 50 per centum and the "lowincome factor" shall be $2,000 for the fiscal year ending June 30, 1966, and the fiscal year ending June 30, 1967. Except as otherwise provided in section 241h of this title, for the fiscal years ending June 30, 1968, and for the four succeeding fiscal years they shall be 50 per centum and $3,000, respectively, and for the fiscal year ending June 30, 1973 they shall be 50 per centum and $4,000, respectively.

(d) Compilation of data; children living in institutions for delinquent children.

For the purposes of this section, the Commissioner shall determine the number of children aged five to seventeen, inclusive, of families having an annual income of less than the low-income factor (as established pursuant to subsection (c) of this section) on the basis of the most recent satisfactory data available from the Department of Commerce. At any time such data for a county are available in the Department of Commerce, such data shall be used in making calculations under this section. The Secretary of Health, Education, and Welfare shall determine the number of children of such ages from families receiving an annual income in excess of the low-income factor from payments under the program of aid to families with dependent children under a State plan approved under title IV of the Social Security Act, and the number of children of such ages living in institutions for neglected or delinquent children, or being supported in foster homes with public funds, on the basis of the case load data for the month of January of the preceding fiscal year or, to the extent that such data are not available to him before April 1 of the calendar year in which the Secretary's determination is made, then on the basis of the most recent reliable data available to him at the time of such determination. When requested by the Commissioner, the Secretary of Commerce shall make a special estimate of the number of children of such ages who are from families having an annual income less than the low income factor (established pursuant to subsection (c) of this section) in each county or school district, and the Commissioner is authorized to pay (either in advance or by way of reimbursement) the Secretary of Commerce the cost of making this special estimate. The Secretary of Commerce shall give consideration to any request of the chief executive of a State for the collection

of additional census information. For purposes of this section, the Secretary shall consider all children who are in correctional institutions to be living in institutions for delinquent children.

(e) Average per pupil expenditure.

For purposes of this section, the "average per pupil expenditure" in a State, or in the United States, shall be the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the computation is made (or, if satisfactory data for that year are not available at the time of computation, then during the earliest preceding fiscal year for which satisfactory data are available), of all local educational agencies as defined in section 244(6)(A) of this title in the State, or in the United States (which for the purposes of this subsection means the fifty States and the District of Columbia), as the case may be, plus any direct current expenditures by the State for operation of such agencies (without regard to the sources of funds from which either of such expenditures are made), divided by the aggregate number of children in average daily attendance to whom such agencies provided free public education during such preceding year. (Sept. 30, 1950, ch. 1124, title I, § 103, formerly title II, § 203, as added Apr. 11, 1965, Pub. L. 89-10, title I, § 2, 79 Stat. 28, and amended July 21, 1965, Pub. L. 89-77, § 3, 79 Stat. 243; Nov. 1, 1965, Pub. L. 89-313, § 6(a), 79 Stat. 1161; Nov. 3, 1966, Pub. L. 89-750, title I, §§ 102, 103(a), 104, 105(a)–(b)(2), (c), 106, 107, 108(b)(1), 113(b), 117(a)(2), (3), 80 Stat. 1191-1195, 1197, 1198, renumbered and amended Jan. 2, 1968, Pub. L. 90-247, title I, §§ 101, 103(a), 104(a), (b), 105, 107(a), 108(a)(2), 110, 81 Stat. 783-787; Oct. 16, 1968, Pub. L. 90-576, title III, § 307, 82 Stat. 1097; Apr. 13, 1970, Pub. L. 91-230, title I, §§ 101(b), 103, 104(a), 105(a), (b), 106, 107, 113(a), 84 Stat. 121-124, 126.)

Subchapter III.—General

§ 244. Definitions.

For the purposes of this chapter

(1) The term "Federal property" means real property which is owned by the United States or is leased by the United States, and which is not subject to taxation by any State or any political subdivision of a State or by the District of Columbia. Such term includes (A) except for purposes of section 241 of this title, real property held in trust by the United States for individual Indians or Indian tribes, and real property held by individual Indians or Indian tribes which is subject to restrictions on alienation imposed by the United States, (B) for one year beyond the end of the fiscal year in which occurred the sale or transfer thereof by the United States, any property considered prior to such sale or transfer to be Federal property for the purposes of this chapter, (C) any low-rent housing (whether or not owned by the United States) which is part of a low-rent housing project assisted under the United States Housing Act of 1937, section 516 of the Housing Act of 1949, or Part B of title III of the Economic Opportunity Act of 1964, and (D) any school which is providing flight training to members of the Air Force under contractual arrangements with the Department of the Air Force at an airport which is owned by a State or a political subdivision of a State. Such term also includes

any interest in Federal property (as defined in the foregoing provisions of this paragraph) under an easement, lease, license, permit, or other arrangement, as well as any improvements of any nature (other than pipelines or utility lines) on such property even though such interests or improvements are subject to taxation by a State or political subdivision of a State or by the District of Columbia. Notwithstanding the foregoing provisions of this paragraph, such term does not include any real property under the jurisdiction of the Post Office Department and used primarily for the provision of postal services.

(2) The term "child", except as used in subchapter II of this chapter, means any child who is within the age limits for which the applicable State provides free public education.

(3) The term "parent" includes a legal guardian or other person standing in loco parentis.

(4) The term "free public education" means education which is provided at public expense, under public supervision and direction, and without tuition charge, and which is provided as elementary or secondary school education in the applicable State, except that for the purposes of subchapter II of this chapter such term does not include any education provided beyond grade 12.

(5) The term "current expenditures" means expenditures for free public education, including expenditures for administration, instruction, attendance and health services, pupil transportation services, operation and maintenance of plant, fixed charges, and net expenditures to cover deficits for food services and student body activities, but not including expenditures for community services, capital outlay, and debt service, or any expenditures made from funds granted under subchapter II of this chapter or sections 821 to 827 or 841 to 848 of this title.

(6)(A) For purposes of subchapter I of this chapter, the term "local educational agency" means a board of education or other legally constituted local school authority having administrative control and direction of free public education in a county, township, independent, or other school district located within a State. Such term includes any State agency which directly operates and maintains facilities for providing free public education.

(B) For purposes of subchapter II of this chapter, the term "local educational agency" means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary or secondary schools. Such term includes any other public institution or agency having administrative control and direction of a public elementary or secondary school, and it also includes (except for purposes of sections 241c(a)(2), 241c(b), and 241e(a)(1) of this title) any State agency which is directly responsible for providing free public education for handicapped children (including mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, crippled, or other health impaired children who by reason thereof require

special education) or for children in institutions for neglected or delinquent children.

(7) The term "State educational agency" means the officer or agency primarily responsible for the State supervision of public elementary and secondary schools.

(8) The term "State" means a State, Puerto Rico, Wake Island, Guam, the District of Columbia, American Samoa, or the Virgin Islands and for purposes of subchapter II of this chapter, such term includes the Trust Territory of the Pacific Islands.

(9) The terms "Commissioner of Education" and "Commissioner" means' the United States Commissioner of Education.

(10) Average daily attendance shall be determined in accordance with State law, except that (A) the average daily attendance of children with respect to whom payment is to be made under section 238 or 239 of this title shall be determined in accordance with regulations of the Commissioner, and (B) notwithstanding any other provision of this chapter, where the local educational agency of the school district in which any child resides makes or contracts to make a tuition payment for the free public education of such child in a school situated in another school district, for purposes of this chapter the attendance of such child at such school shall be held and considered (i) to be attendance at a school of the local educational agency so making or contracting to make such tuition payment, and (ii) not to be attendance at a school of the local educational agency receiving such tuition payment or entitled to receive such payment under the contract.

(11) The term "county" means those divisions of a State utilized by the Secretary of Commerce in compiling and reporting data regarding counties.

(12) The term "construction" includes the preparation of drawings and specifications for school facilities; erecting, building, acquiring, altering, remodeling, improving, or extending school facilities; and the inspection and supervision of the construction of school facilities.

(13) The term "school facilities" means classrooms and related facilities (including initial equipment) for free public education and interests in land (including site, grading, and improvements) on which such facilities are constructed, except that such term does not include those gymnasiums and similar facilities intended primarily for exhibitions for which admission is to be charged to the general public.

(14) The term "equipment" includes machinery, utilities, and built-in equipment and any necessary enclosures or structures to house them, and includes all other items necessary for the functioning of a particular facility as a facility for the provision of educational services, including items such as instructional equipment and necessary furniture, printed, published, and audio-visual instructional materials, and books, periodicals, documents, and other related materials.

(15) For the purpose of subchapter II of this chapter the term "elementary school" means a day or residential school which provides elementary education, as determined under State law, and the term "secondary school" means a day or residential school which provides second

So in original.

ary education, as determined under State law, except that it does not include any education provided beyond grade 12.

(Sept. 30, 1950, ch. 1124, title III, § 303, formerly § 9, 64 Stat. 1108, amended Aug. 8, 1953, ch. 402, § 10, 67 Stat. 536; Aug. 1, 1956, ch. 852, § 10, 70 Stat. 909; Aug. 3, 1956, ch. 915, title II, § 211, 70 Stat. 972; Aug. 12, 1958, Pub. L. 85-620, title II, § 205, 72 Stat. 560; June 25, 1959, Pub. L. 86-70, § 18(dX4), 73 Stat. 145; July 12, 1960, Pub. L. 86624, § 14(dX4), 74 Stat. 414; Oct. 16, 1964, Pub. L. 88-665, title XI, § 1102(b), 78 Stat. 1109, renumbered and amended Apr. 11, 1965, Pub. L. 89-10, title I, §§ 3(c)(1), 4 (a)(c), (dX1), (e), 79 Stat. 35; Nov. 1, 1965, Pub. L. 89-313, § 6(c), 79 Stat. 1162; Nov. 3, 1966, Pub. L. 89-750, title I, § 117(a)(1), (b), title II, § 206, 80 Stat. 1198, 1199, 1213; Jan. 2, 1968, Pub. L. 90-247, title II, § 201, 81 Stat. 806; Apr. 13, 1970, Pub. L. 91-230, title II, § 203(b), 84 Stat. 156.)

§ 244a. School facilities for children of Government employees and other residents in Indian reservations, national parks, and national monuments.

In order to facilitate the providing of educational opportunities for children of Government employees and other residents in Indian reservations, the national parks and national monuments the Secretary of the Interior is authorized in his discretion to make available for elementary school purposes therein, without charge, space in Government-owned buildings, when such space may be available for such purposes without detriment to the official business of such Indian reservation, national parks and national monuments. (July 16, 1940, ch. 629, 54 Stat. 761.)

CHAPTER 19.-SCHOOL CONSTRUCTION IN AREAS AFFECTED BY FEDERAL ACTIVITIES § 631. Declaration of purpose; authorization of appropriations.

The purpose of this chapter is to provide assistance for the construction of urgently needed minimum school facilities in school districts which have had substantial increases in school membership as a result of new or increased Federal activities. There are authorized to be appropriated for the fiscal year ending June 30, 1959, and each fiscal year thereafter, such sums as the Congress may determine to be necessary for such purpose. Sums so appropriated, other than sums appropriated for administration, shall remain available until expended. (Sept. 23, 1950, ch 995, § 1, as added Aug. 12, 1958, Pub. L. 85-620, title I, § 101, 72 Stat. 548.)

§ 632. Annual apportionment of funds; use of remainder.

For each fiscal year the Commissioner shall determine the portion of the funds appropriated pursuant to section 631 of this title which shall be available for carrying out the provisions of sections 639 and 640 of this title. The remainder of such funds shall be available for paying to local educational agencies the Federal share of the cost of projects for the construction of school facilities for which applications have been approved under section 636 of this title. (Sept. 23, 1950, ch. 995, § 2,

as added Aug. 12, 1958, Pub. L. 85-620, title I, § 101, 72 Stat. 548.)

§ 633. Dates for filing applications; priorities. The Commissioner shall from time to time set dates by which applications for payments under this chapter with respect to construction projects must be filed, except that the last such date with respect to applications for payments on account of children referred to in paragraphs (2) or (3) of section 635 (a) of this title shall be not later than June 30, 1973. The Commissioner shall by regulation prescribe an order of priority, based on relative urgency of need, to be followed in approving applications in the event the funds appropriated under this chapter and remaining available on any such date for payment to local educational agencies are less than the Federal share of the cost of the projects with respect to which applications have been filed prior to such date (and for which funds under this chapter have not already been obligated). Only applications meeting the conditions for approval under this chapter (other than section 636(b)(2)(C) of this title) shall be considered applications for purposes of the preceding sentence. Such order of priority shall provide that applications for payments based upon increases in the number of children residing on, or residing with a parent employed on, property which is part of a low-rent housing project assisted under the United States Housing Act of 1937 shall not be approved for any fiscal year until all other applications under paragraphs (2) and (3) of subsection (a) of section 635 of this title have been approved for that fiscal year. (Sept. 23, 1950, ch. 995, § 3, as added Aug. 12, 1958, Pub. L. 85-620, title I, § 101, 72 Stat. 548, and amended Oct. 3, 1961, Pub. L. 87-344, title I, § 101(a), 75 Stat. 759; Dec. 18, 1963, Pub. L. 88-210, title III, § 301(a), formerly § 31(a), 77 Stat. 419, renumbered Oct. 16, 1968, Pub. L. 90-576, title I, § 101(a)(1), 82 Stat. 1064; Oct. 16, 1964, Pub. L. 88-665, title XI, § 1101(a), 78 Stat. 1109; Nov. 3, 1966, Pub. L. 89750, title II, § 221, 80 Stat. 1213; Jan. 2, 1968, Pub. L. 90-247, title III, § 301(dX1), 81 Stat. 813; Apr. 13, 1970, Pub. L. 91-230, title II, §§ 201(a)(1), 203(c)(3), 84 Stat. 154, 156.)

§ 634. Federal share of cost for any project.

Subject to section 635 of this title (which imposes limitations on the total of the payments which may be made to any local educational agency), the Federal share of the cost of a project under this chapter shall be equal to such cost, but in no case to exceed the cost, in the school district of the applicant, of constructing minimum school facilities, and in no case to exceed the cost in such district of constructing minimum school facilities for the estimated number of children who will be in the membership of the schools of such agency at the close of the second year following the increase period and who will otherwise be without such facilities at such time. For the purposes of the preceding sentence, the number of such children who will otherwise be without such facilities at such time shall be determined by reference to those facilities which (1) are built or under contract as of the date on which the Commissioner set, under section 633 of this title, the earliest date on or before which the application for such project was filed, or (2) as of the date the application for such project is approved, are included in a project the application for which has been approved under this chapter. (Sept. 23, 1950, ch. 995, § 4, as added Aug. 12, 1958, Pub. L. 85-620, title I, § 101, 72 Stat. 549, and amended Nov. 3, 1966, Pub. L. 89-750, title II, § 224, 80 Stat. 1214.)

§ 635. Limitation on total payments to local agencies.

(a) Determination by categories of Federallyconnected children.

Subject to the limitations in subsection (c) and (d) of this section, the total of the payments to a local educational agency under this chapter may not exceed the sum of the following:

(1) the estimated increase, since the base year, in the number of children residing on Federal property, (A) who so resided with a parent employed on Federal property (situated in whole or in part in the same State as the school district of such agency or within reasonable commuting distance from such school district), or (B) who had a parent who was on active duty in the uniformed services (as defined in section 102 of the Career Compensation Act of 1949), multiplied by 95 per centum of the average per pupil cost of constructing minimum school facilities in the State in which the school district of such agency is situated; and

(2) the estimated increase, since the base year, in the number of children (A) residing on Federal property, or (B) residing with a parent employed on Federal property (situated in whole or in part in the same State as the school district of such agency or within reasonable commuting distance from such school district), or (C) who had a parent who was on active duty in the uniformed services (as defined in section 102 of the Career Compensation Act of 1949), multiplied by 50 per centum of the average per pupil cost of constructing minimum school facilities in the State in which the school district of such agency is situated; and

(3) the estimated increase, since the base year, in the number of children whose membership results directly from activities of the United States (carried on either directly or through a contractor), multiplied by 45 per centum of the average per pupil cost of constructing minimum school facilities in the State in which the school district of such agency is situated. For purposes of this paragraph, the Commissioner shall not consider as activities of the United States those activities which are carried on in connection with real property excluded from the definition of Federal property by the last sentence of paragraph (1) of section 645 of this title, but shall (if the local educational agency so elects pursuant to subsection (b) of this section) consider as children whose membership results directly from activities of the United States children residing on Federal property or residing with a parent employed on Federal property; and

(4) for the fiscal year ending June 30, 1967, the estimated number of children, without regard to the limitation in subsection (d) of this section, whose membership in the schools of such local educational agency resulted from a change in residence from land transferred to Mexico as part of a relocation of an international boundary of the United States, multiplied by 50 per centum of the average per pupil cost of constructing minimum school facilities in the State in which the school district of such agency is situated; but if, by reason of any other provision of law, this clause is not considered in computing the maximum payments a local educational agency may receive for the fiscal year ending June 30, 1967, the additional amount such agency would have been entitled to receive shall be added to such agency's entitlement for the first fiscal year for which funds

appropriated to carry out this chapter may be used for such purpose.

In computing for any local educational agency the number of children in an increase under paragraph (1), (2), or (3), the estimated number of children described in such paragraph who will be in the membership of the schools of such agency at the close of the increase period shall be compared with the estimated number of such children in the average daily membership of the schools of such agency during the base year.

(b) Election where two or more categories apply. If two or more of the paragraphs of subsection (a) of this section apply to a child, the local educational agency shall elect which of such paragraphs shall apply to such child, except that, notwithstanding the election of a local educational agency to have paragraph (2) apply to a child instead of paragraph (1), the determination of the maximum amount for such agency under subsection (a) of this section shall be made without regard to such election.

(c) Eligibility conditions for each category.

A local educational agency shall not be eligible to have any amount included in its maximum by reason of paragraph (1), (2), or (3) of subsection (a) of this section unless the increase in children referred to in such paragraph, prior to the application of the limitation in subsection (d) of this section is at least twenty and

(1) in the case of paragraph (1) or (2), is—

(A) equal to at least 6 per centum of the number of all children who were in the average daily membership of the schools of such agency during the base year, or

(B) at least one thousand five hundred, whichever is the lesser; and

(2) in the case of paragraph (3), is—

(A) equal to at least 10 per centum of the number of all children who were in the average daily membership of the schools of such agency during the base year, or

five

(B) at least two thousand hundred, whichever is the lesser: Provided, That no local educational agency shall be regarded as eligible under this paragraph (2) unless the Commissioner finds that the construction of additional minimum school facilities for the number of children in such increase will impose an undue financial burden on the taxing and borrowing authority of such agency.

In determining the eligibility of a local educational agency under this subsection and in determining the number of federally connected children who are in the average daily membership of the schools of such agency during a base year and in estimating the increase since the base year in the number of such children under subsection (a) of this section, children residing on any housing property (whether or not owned by the United States), which is part of a low-rent housing project assisted under the United States Housing Act of 1937, shall not be considered as having been federally connected during the base year if such housing project was begun after the base year of 1964-1965.

(d) Reduction in number of Federally-connected children to be used in computation, in certain cases.

If (1) the estimated number of nonfederally connected children who will be in the membership of the schools of a local educational agency at the close of the increase period is less than (2) 106 per centum of the number of such children who were in the average daily membership of such agency during the base year, the total number of children

counted for purposes of subsection (a) of this section with respect to such agency shall be reduced by the difference between (1) and (2) hereof, except that the number of children counted for the purposes of paragraph (1) or (2) of subsection (a) of this section shall not be reduced by more than one thousand five hundred and that the number of children counted for the purposes of paragraph (3) of subsection (a) of this section shall not be reduced by more than two thousand five hundred. For purposes of this subsection, all children in the membership of a local educational agency shall be counted as nonfederally connected children except children whose membership in the base year and increase period was compared in computing an increase which meets the requirements of subsection (c) of this section. (e) Waiver of conditions.

Notwithstanding the provisions of subsections (c), (d), and (f) of this section, whenever and to the extent that, in his judgment, exceptional circumstances exist which make such action necessary to avoid inequity and avoid defeating the purposes of this chapter, the Commissioner may do any one or more of the following: (1) he may waive or reduce the minimum number requirement or any percentage requirement or requirements in subsection (c) of this section; (2) he may waive the requirement contained in the first sentence of subsection (d) of this section or reduce the percentage specified in clause (2) of such sentence; or (3) he may waive or reduce the requirement contained in subsection (f) of this section.

(f) Limitation on numerical count of children. In determining under this section the total of the payments which may be made to a local educational agency on the basis of any application, the total number of children counted for purposes of paragraph (1), (2), or (3), as the case may be, of subsection (a) of this section may not exceed

(1) the number of children whose membership at the close of the increase period for the application is compared with membership in the base period for purposes of that paragraph, minus

(2) the number of such children whose membership at the close of the increase period was compared with membership in the base year for purposes of such paragraph under the last previous application, if any, of the agency on the basis of which any payment has been or may be made to that agency.

(Sept. 23, 1950, ch. 995, § 5, as added Aug. 12, 1958, Pub. L. 85-620, title I, § 101, 72 Stat. 549, and as amended Nov. 1, 1965, Pub. L. 89-313, § 5, 79 Stat. 1161; Nov. 3, 1966, Pub. L. 89-750, title II, §§ 222(a), (e), 223, 226, 227, 80 Stat. 1213-1215; Jan. 2, 1968, Pub. L. 90-247, title II, §§ 205(b), 207, 81 Stat. 809; Apr. 13, 1970, Pub. L. 91-230, title II, §§ 203(a)(3), 204, 84 Stat. 155, 157; May 21, 1970, Pub. L. 91-260, 84 Stat. 254.)

§ 636. Applications for payment.

(a) Submission and filing.

No payment may be made to any local educational agency under this chapter except upon application there for which is submitted through the appropriate State educational agency and is filed with the Commissioner in accordance with regulations prescribed by him.

(b) Contents; approval conditions.

(1) Each application by a local educational agency shall set forth the project for the construction of school facilities for such agency with re

spect to which it is filed, and shall contain or be supported by

(A) a description of the project and the site therefor, preliminary drawings of the school facilities to be constructed thereon, and such other information relating to the project as may reasonably be required by the Commissioner;

(B) assurance that such agency has or will have title to the site, or the right to construct upon such site school facilities as specified in the application and to maintain such school facilities on such site for a period of not less than twenty years after the completion of the construction;

(C) assurance that such agency has legal authority to undertake the construction of the project and to finance any non-Federal share of the cost thereof as proposed, and assurance that adequate funds to defray any such nonFederal share will be available when needed;

(D) assurance that such agency will cause work on the project to be commenced within a reasonable time and prosecuted to completion with reasonable diligence;

(E) Repealed. Pub. L. 91-230, title IV, § 401(g)(4), Apr. 13, 1970, 84 Stat. 174.

(F) assurance that the school facilities of such agency will be available to the children for whose education contributions are provided in this chapter on the same terms, in accordance with the laws of the State in which the school district of such agency is situated, as they are available to other children in such school district; and

(G) assurance that such agency will from time to time prior to the completion of the project submit such reports relating to the project as the Commissioner may reasonably require.

(2) The Commissioner shall approve any application if he finds (A) that the requirements of paragraph (1) have been met and that approval of the project would not result in payments in excess of those permitted by sections 634 and 635 of this title, (B) after consultation with the State and local educational agencies, that the project is not inconsistent with overall State plans for the construction of school facilities, and (C) that there are sufficient Federal funds available to pay the Federal share of the cost of such project and of all other projects for which Federal funds have not already been obligated and applications for which, under section 633 of this title, have a higher priority: Provided, That the Commissioner may approve any application for payments under this chapter at any time after it is filed and before any priority is established with respect thereto under section 633 of this title if he determines that

(i) on the basis of information in his possession, it is likely that the urgency of the need of the local educational agency is such that it would have a priority under section 633 of this title which would qualify it for payments under this chapter when such priorities are established, and

(ii) the number of children in the increase under section 635 (a) of this title is in large measure attributable to children who reside or will reside in housing newly constructed on Federal property.