ever, in his judgment, exceptional circumstances exist which make such action necessary to avoid inequity and avoid defeating the purposes of this section. Assistance may be furnished under this subsection without regard to paragraph (2) (but subject to the other provisions of this subsection and subsection (e) of this section to any local educational agency which provides free public education for children who reside on Indian lands located outside its school district. For purposes of this subsection "Indian lands" means Indian reservations or other real property referred to in the second sentence of section 645(1) of this title.

(c) Eligibility requirements due to impairment in financing abilities created by immunity from taxation of Federal property

If the Secretary determines with respect to any local educational agency

(1) that (A) such agency is providing or, upon completion of the school facilities for which provision is made herein, will provide, free public education for children who are inadequately housed by minimum school facilities and whose membership in the schools of such agency has not formed and will not form the basis for payments under other provisions of this chapter, and (B) the total number of such children represents a substantial percentage of the total number of children for whom such agency provides free public education, and (C) Federal property constitutes a substantial part of the school district of such agency,

(2) that the immunity of such Federal property from taxation by such agency has created a substantial and continuing impairment of such agency's ability to finance needed school facilities,

(3) that such agency is making a reasonable tax effort and is exercising due diligence in availing itself of State and other financial assistance for the purpose, and

(4) that such agency does not have sufficient funds available to it from other Federal, State, and local sources to provide the minimum school facilities required for free public education of a substantial percentage of the children in the membership of its schools, he may provide the assistance necessary to enable such agency to provide minimum school facilities for children in the membership of the schools of such agency whom the Secretary finds to be inadequately housed, upon such terms and conditions, and in such amounts (subject to the applicable provisions of this section) as the Secretary may consider to be in the public interest. Such assistance may not exceed the portion of the cost of such facilities which the Secretary estimates has not been, and is not to be, recovered by the local educational agency from other sources, including payments by the United States under any other provisions of this chapter or any other law. Notwithstanding the provisions of this subsection, the Secretary may waive the percentage requirement in paragraph (1) whenever, in his judgment, exceptional circumstances exist which make such action

'So in original. Probably should be close parenthesis.

necessary to avoid inequity and avoid defeating the purposes of this subsection.

(d) Authorization of appropriations

There are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out the provisions of this section. There are also authorized to be appropriated such sums as may be necessary for administration of such provisions. Amounts so appropriated, other than amounts appropriated for administration, shall remain available until expended.

(e) Applications; priority of approvals; conditions precedent; consultation with agencies

No payment may be made to any local educational agency under subsection (a) or (b) of this section except upon application therefor which is submitted through the appropriate State educational agency and is filed with the Secretary in accordance with regulations prescribed by him, and which meets the requirements of section 636(b)(1) of this title. In determining the order in which such applications shall be approved, the Secretary shall consider the relative educational and financial needs of the local educational agencies which have submitted approvable applications and the nature and extent of the Federal responsibility. No payment may be made under subsection (a) or (b) of this section unless the Secretary finds, after consultation with the State and local educational agencies, that the project or projects with respect to which it is made are not inconsistent with over-all State plans for the construction of school facilities. All determinations made by the Secretary under this section shall be made only after consultation with the appropriate State educational agency and the local educational agency.

(f) Payments to local agencies; repayments of unexpended funds

Amounts paid by the Secretary to local educational agencies under subsection (a) or (b) of this section may be paid in advance of, or by way of reimbursement for, work performed or purchases made pursuant to the agreement with the Secretary under this section, and may be paid in such installments as the Secretary may determine. Any funds paid to a local educational agency and not expended or otherwise used for the purposes for which paid shall be repaid to the Treasury of the United States.

(g) Application of sections 631 to 640 of this title

None of the provisions of sections 631 to 640 of this title, both inclusive, other than section 636(b)(1) of this title, shall apply with respect to determinations made under this section. (h) Congressional declaration of policy with respect to school construction assistance for Indian children

It is hereby declared to be the policy of the Congress that the provision of assistance pursuant to subsections (a) and (b) of this section shall be given a priority at least equal to that given to payments made pursuant to section 640 of this title.

(Sept. 23, 1950, ch. 995, § 14, as added Aug. 12, 1958, Pub. L. 85-620, title I, § 101, 72 Stat. 555, amended Oct. 3, 1961, Pub. L. 87-344, title I, § 101(b), 75 Stat. 759; Dec. 18, 1963, Pub. L. 88-210, title III, § 301(b), formerly § 31(b), 77 Stat. 419, renumbered Oct. 16, 1968, Pub. L. 90-576, title I, § 101(a)(1), 82 Stat. 1064, and amended Oct. 16, 1964, Pub. L. 88-665, title XI, § 1101(b), 78 Stat. 1109; Nov. 3, 1966, Pub. L. 89-750, title II, § 225, 80 Stat. 1214; Jan. 2, 1968, Pub. L. 90-247, title II, § 203, 81 Stat. 807; Apr. 13, 1970, Pub. L. 91-230, title II, §§ 205(a), 206, 84 Stat. 158, 159; Oct. 17, 1979, Pub. L. 96-88, title III, § 301(a)(1), title V, § 507, 93 Stat. 677, 692.)

PRIOR PROVISIONS

Provisions similar to those comprising this section were contained in act Sept. 23, 1950, ch. 995, title IV, § 401, as added Aug. 8, 1953, ch. 400, § 1, 67 Stat. 526, and amended Aug. 12, 1955, ch. 868, § 6, 69 Stat. 715; Aug. 3, 1956, ch. 915, title I, § 109, 70 Stat. 969; Sept. 2, 1957, Pub. L. 85-267, § 8, 71 Stat. 594 (formerly classified to section 311 of this title) prior to the complete amendment and renumbering of act Sept. 23, 1950, by Pub. L. 85-620.

AMENDMENTS

1970-Subsecs. (a), (b). Pub. L. 91-230, § 205(a), substituted "subsection (e)" for "subsection (d)", wherever appearing.

Subsec. (c). Pub. L. 91-230, § 205(a), added subsec. (c). Former subsec. (c) redesignated (d).

Subsecs. (d) to (g). Pub. L. 91-230, § 205(a), redesignated former subsecs. (c) to (f) as (d) to (g).

Subsec. (h). Pub. L. 91-230, § 206, added subsec. (h). 1968-Subsec. (a). Pub. L. 90-247, § 203(a), substituted "Indian lands" for "Federal property" in pars. (1) and (2), "of a substantial percentage of the children in the membership of its schools" for "in its school district" in par. (4), "subsection (d)" for “subsection (c)" in the third sentence and "second" for "third" in the last sentence, inserted ", or that such Indian lands constitute a substantial part of the school district of such local educational agency," following "such agency provides free public education" in par. (1), and deleted "is attributable to children who reside on Federal property, and which" following "Commissioner estimates" in that portion of the first sentence which follows par. (4) and “in the case of any application for additional assistance on account of children who reside on Indian lands" following "paragraph (1)” in the second sentence.

Subsec. (b). Pub. L. 90-247, § 203(b), added subsec. (b) and redesignated former subsec. (b) as (c).

Subsec. (c). Pub. L. 90-247, § 203(b), redesignated former subsec. (b) as (c). Former subsec. (c) redesignated as (d).

Subsec. (d). Pub. L. 90-247, § 203(b), (c), redesignated former subsec. (c) as (d) and, in subsec. (d) as so redesignated, inserted references to subsection (b). Former subsec. (d) redesignated as (e).

Subsec. (e). Pub. L. 90-247, § 203(b), (d), redesignated former subsec. (d) as (e) and, in subsec. (e) as so redesignated, inserted reference to subsection (b). Former subsec. (e) redesignated as (f).

Subsec. (f). Pub. L. 90-247, § 203(b), redesignated former subsec. (e) as (f).

1966-Subsec. (b). Pub. L. 89-750 struck out provisions which had limited the authorization to appropriations for fiscal years ending prior to July 1, 1966, and to sums not exceeding $60,000,000 in the aggregate, and struck out provisions prohibiting making agreements to extend assistance under this section after June 30, 1966.

1964-Subsec. (b). Pub. L. 88-665 substituted "1966" for "1965", wherever appearing.

1963-Subsec. (b). Pub. L. 88-210 substituted "1965" for "1963", wherever appearing.

1961-Subsec. (b). Pub. L. 87-344 substituted "July 1, 1963" and "June 30, 1963" for "July 1, 1961" and "June 30, 1961", respectively, and increased the aggregate amount of the appropriation from $40,000,000 to $60,000,000.

EFFECTIVE Date of 1968 AMENDMENT

Amendment by Pub. L. 90-247 effective for fiscal years beginning after June 30, 1967, see section 208 of Pub. L. 90-247, set out as an Effective Date of 1968 Amendment note under section 237 of this title.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-750 effective for fiscal years beginning after June 30, 1966, see section 241 of Pub. L. 89-750, set out as an Effective Date of 1966 Amendment note under section 238 of this title.

EFFECTIVE DATE OF 1963 AMENDMENT

Amendment by Pub. L. 88-210 effective July 1, 1963, see section 303 of Pub. L. 88-210, set out as an Effective Date of 1963 Amendment note under section 237 of this title.

EFFECTIVE DATE OF 1961 AMENDMENT Amendment by Pub. L. 87-344 effective for the period beginning July 1, 1961, see section 103 of Pub. L. 87-344, set out as an Effective Date of 1961 Amendment note under section 633 of this title.

TRANSFER OF FUNCTIONS

"Secretary", meaning the Secretary of Education, was substituted for "Commissioner" in subsecs. (a) to (c), (e), and (f) pursuant to sections 301(a)(1) and 507 of Pub. L. 96-88, which are classified to sections 3441(a)(1) and 3507 of this title and which transferred all functions of the Commissioner of Education to the Secretary of Education.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 25 section 458. § 645. 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. Except for the purposes of section 640 of this title, such term includes (A) 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) 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 [42 U.S.C. 1437 et seq.), and (C) 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 (A) any real property used for a labor supply center, labor home, or labor camp for migratory farm workers and, (B) any real property under the jurisdiction of the United States Postal Service and used primarily for the provision of postal services.

(2) The term "child" 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.

(5) The membership of schools shall be determined in accordance with State law or, in the absence of State law governing such a determination, in accordance with regulations of the Secretary; except that, 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 membership of such child, shall be held and considered

(A) if the two local educational agencies concerned so agree, and if such agreement is approved by the Secretary, as membership of a school of the local educational agency receiving such tuition payment;

(B) in the absence of any such approved agreement, as membership of a school of the local educational agency so making or contracting to make such tuition payment.

In any determination of membership of schools, children who are not provided free public education (as defined in paragraph (4)) shall not be counted.

(6) The average per pupil cost of constructing minimum school facilities in the State in which the school district of a local educational agency is situated shall be determined by the Secretary of Education on the basis of the contract cost per square foot under contracts for the construction of school facilities (exclusive of costs of site improvements, equipment, and architectural, engineering, and legal fees) entered into in the State for the second year of the four year increase period designated in the application, increased by a percentage estimated by the Secretary to represent additional costs for site improvements, equipment, and architectural, engineering, and legal fees, and multiplied by a factor estimated by the Secretary to represent the area needed per pupil in minimum school facilities. If the Secretary finds that the information available for the State concerned for such preceding fiscal year is inadequate or not sufficiently representative, he shall determine such cost on the basis of such information as he has available and after consultation with

the State educational agency. The cost of constructing minimum school facilities in the school district of a local educational agency shall be determined by the Secretary, after consultation with the State and local educational agencies, on the basis of such information as may be contained in the application of such local educational agency and such other information as he may obtain.

(7) Estimates of membership, and all other determinations with respect to eligibility and maximum amount of payment, shall be made as of the time of the approval of the application for which made, and shall be made on the basis of the best information available at the time of such approval.

(8) The terms "construct", "constructing", and "construction" include 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.

(9) The term "school facilities" includes classrooms and related facilities; and initial equipment, machinery, and utilities necessary or appropriate for school purposes. Such term does not include athletic stadiums, or structures or facilities intended primarily for athletic exhibitions, contests, or games or other events for which admission is to be charged to the general public. Except as used in sections 639 and 640 of this title, such term does not include interests in land and off-site improvements.

(10) Whether or not school facilities are minimum school facilities shall be determined by the Secretary, after consultation with the State and local educational agencies, in accordance with regulations prescribed by him. Such regulations shall (A) require the local educational agency concerned to give due consideration to excellence of architecture and design, (B) provide that no facility shall be disqualified as a minimum school facility because of the inclusion of works of art in the plans therefor if the cost of such works of art does not exceed 1 per centum of the cost of the project, and (C) require compliance with such standards as the Secretary may prescribe or approve in order to insure that facilities constructed with the use of Federal funds under this chapter shall be, to the extent appropriate in view of the uses to be made of the facilities, accessible to and usable by handicapped persons.

(11) 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 or which has responsibility for the provision of such facilities.

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

(13) The term "State" means a State, Puerto Rico, Guam, the District of Columbia, Ameri

can Samoa, the Northern Mariana Islands, the Virgin Islands, or Wake Island.

(14) The terms "Secretary of Education" and "Secretary" mean the United States Secretary of Education.

(15) The term "base year" means the third or fourth regular school year preceding the fiscal year in which an application was filed under this chapter as may be designated in the application, except that in the case of an application based on children referred to in paragraph (2) or (3) of section 635(a) of this title, the base year shall in no event be later than the regular school year 1978-1979; and

(16) The term "increase period" means the period of four consecutive regular school years immediately following such base year.

(Sept. 23, 1950, ch. 995, § 15, as added Aug. 12, 1958, Pub. L. 85-620, title I, § 101, 72 Stat. 556, and amended June 25, 1959, Pub. L. 86-70, § 18(c), 73 Stat. 144; July 12, 1960, Pub. L. 86-624, § 14(c), 74 Stat. 414; Oct. 3, 1961, Pub. L. 87-344, title I, § 101(c), 75 Stat. 759; Dec. 18, 1963, Pub. L. 88-210, title III, § 301(c), formerly § 31(c), 77 Stat. 419, renumbered Oct. 16, 1968, Pub. L. 90-576, title I, § 101(a)(1), 82 Stat. 1064, and amended Oct. 16, 1964, Pub. L. 88-665, title XI, § 1101(c), (d), 78 Stat. 1109; Nov. 3, 1966, Pub. L. 89-750, title II, §§ 222(b)–(d), 230-232, 80 Stat. 1213-1216; Jan. 2, 1968, Pub. L. 90-247, title II, § 201, title III, § 301(d)(2), 81 Stat. 806, 813; Apr. 13, 1970, Pub. L. 91-230, title II, §§ 201(a)(2), 203(a)(1), (2), 84 Stat. 154, 155; Aug. 12, 1970, Pub. L. 91-375, §§ 4(a), 6(o), 84 Stat. 773, 783; Aug. 21, 1974, Pub. L. 93-380, title III, § 301(a)(2), 88 Stat. 521; Nov. 1, 1978, Pub. L. 95-561, title X, §§ 1021(b), 1031(b)(2), 92 Stat. 2312; Oct. 17, 1979, Pub. L. 96-88, title III, § 301(a)(1), title V, § 507, 93 Stat. 677, 692.)

REFERENCES IN TEXT

The United States Housing Act of 1937, referred to in par. (1), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93-383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified generally to chapter 8 (§ 1437 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of Title 42 and Tables.

PRIOR PROVISIONS

Provisions similar to those comprising pars. (1) to (14) of this section were contained in section 210 of act Sept. 23, 1950, ch. 995, title II, 64 Stat. 976, as amended Aug. 8, 1953, ch. 400, § 2(g) to (7), 67 Stat. 528; Aug. 1, 1956, ch. 852, § 11, 70 Stat. 909; Aug. 3, 1956, ch. 915, title I, § 102, 70 Stat. 968; Aug. 21, 1957, Pub. L. 85-161, 71 Stat. 403 (formerly classified to section 280 of this title), and provisions similar to those comprising pars. (15) and (16) of this section were contained in act Sept. 23, 1950, ch. 995, title III, § 312, as added Sept. 2, 1957, Pub. L. 85-267, § 7, 71 Stat. 593 (formerly classified to section 302 of this title) prior to the complete amendment and renumbering of act Sept. 23, 1950, by Pub. L. 85-620.

AMENDMENTS

1978-Par. (13). Pub. L. 95-561, § 1031(b)(2), added "the Northern Mariana Islands," following "American Samoa,".

Par. (15). Pub. L. 95-561, § 1021(b), substituted "1978-1979" for "1973-1974".

1974-Par. (15). Pub. L. 93-380 substituted "1973-1974" for "1968-1969".

1970-Par. (1). Pub. L. 91-230, § 203(a)(1), (2), defined "Federal property" to include as item (B) of second sentence any low-rent housing (whether or not owned by the United States) which is part of a lowrent housing project assisted under the United States Housing Act of 1937 (formerly excluded from the term by former item (C) of fourth sentence of this section), redesignating former item (B) of second sentence (C), and struck out exclusion from the term (item (C) of fourth sentence) any low-rent housing project held under title II of the National Industrial Recovery Act, the Emergency Relief Appropriation Act of 1935, the United States Housing Act of 1937 (now included in item (B) of second sentence), the Act of June 28, 1940 (Public Law 671, Seventy-sixth Congress), or any law amendatory of or supplementary to any of such Acts, respectively.

Par. (15). Pub. L. 91-230, § 201(a)(2), substituted "1968-1969" for "1965-1966".

1968-Par. (1). Pub. L. 90-247, § 201, clarified the definition of "Federal property" by including within such term any interest in Federal property 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, and by deleting provisions which included within such term any real property owned by the United States and leased therefrom and the improvements thereon, even though the lessee's interest, or any improvement on such property, is subject to taxation by a State or a political subdivision of a State or by the District of Columbia.

Par. (15). Pub. L. 90-247, § 301(d)(2), substituted "1965-1966" for "1962-1963".

1966-Par. (1). Pub. L. 89-750, § 230, struck out prohibition against the inclusion of real property used by the United States primarily for the provision of services or benefits to the local area in which the property is situated, which was formerly set out as clause (A) in the final sentence, and redesignated former clauses (B) to (D) of such sentence as clauses (A) to (C) thereof, respectively.

Par. (6). Pub. L. 89-750, § 222(b), substituted "second year of the four year increase period” for “base year". Par. (10). Pub. L. 89-750, § 231, added provisions requiring that the regulations prescribed by the Commissioner require consideration of excellence of architecture and design, allow the inclusion of works of art in plans, and require that the facilities be usable by handicapped persons.

Par. (13). Pub. L. 89-750, § 232, inserted "American Samoa,".

Par. (15). Pub. L. 89-750, § 222(c), added provisions moving the base year back to 3 or 4 years before the application year and substituted 1962-1963 for 1963-1964 as the latest available base year.

Par. (16). Pub. L. 89-750, § 222(d), substituted "four" for "two".

1964-Par. (13). Pub. L. 88-665, § 1101(c), inserted "the District of Columbia," following “Guam,”. Par. (15). Pub. L. 88-665, § 1101(d), substituted "1963-1964" for "1962-1963".

Title 39, respectively, which abolished the Post Office Department, transferred its functions to the United States Postal Service, and provided that references in other laws to the Post Office Department shall be considered a reference to the United States Postal Service.

EFFECTIVE Date of 1978 AMENDMENT Amendment by Pub. L. 95-561 effective with respect to the 1979 fiscal year and subsequent fiscal years, see section 1032 of Pub. L. 95-561, set out as an Effective Date of 1978 Amendment note under section 237 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-380 effective on and after July 1, 1973, see section 301(c) of Pub. L. 93-380, set out as an Effective Date of 1974 Amendment note under section 633 of this title.

EFFECTIVE DATE OF 1970 AMENDMENT Amendment of par. (1) of this section by section 203(a)(1), (2) of Pub. L. 91-230 effective after June 30, 1970, see section 203(c)(1) of Pub. L. 91-230, set out as an Effective Date of 1970 Amendment note under section 635 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment of par. (1) by section 201 of Pub. L. 90-247 effective for fiscal years beginning after June 30, 1967, see section 208 of Pub. L. 90-247, set out as an Effective Date of 1968 Amendment note under section 237 of this title.

EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89-750 effective for fiscal years beginning after June 30, 1966, see section 241 of Pub. L. 89-750, set out as an Effective Date of 1966 Amendment note under section 238 of this title.

EFFECTIVE DATE OF 1963 AMENDMENT

Amendment by Pub. L. 88-210 effective July 1, 1963, see section 303 of Pub. L. 88-210, set out as an Effective Date of 1963 Amendment note under section 237 of this title.

EFFECTIVE DATE OF 1961 AMENDMENT

Amendment by Pub. L. 87-344 effective for the period beginning July 1, 1961, see section 103 of Pub. L. 87-344, set out as an Effective Date of 1961 Amendment note under section 633 of this title.

EFFECTIVE Date of 1960 Amendment

Section 47(f) of Pub. L. 86-624 provided that: "The amendments made by subsection (c), paragraphs (3) and (4) of subsection (b), and paragraph (4) of subsection (d) of section 14 [amending sections 15i(1), 15jj(e), 15ggg(a), 244(8), and 645 of this title], by section 20(a) [amending section 41(g) of Title 29, Labor], by section 23(b) [amending section 466j(d) of Title 33, Navigation and Navigable Waters], by subsections (a), (b), and (c), and paragraph (4) of subsection (d), of section 29 [amending sections 201(f), 255, 264(c) and 291i(d) of Title 42, The Public Health and Welfare], and by subsection (d), and paragraph (2) of subsection (c), of section 30 [amending sections 410(h), (i) and 1301(a)(1), (2) of Title 42] shall become effective on August 21, 1959."

EFFECTIVE DATE OF 1959 AMENDMENT Amendment by Pub. L. 86-70 effective on Jan. 3, 1959. See section 47(d) of Pub. L. 86-70.

TRANSFER OF FUNCTIONS

"Secretary", meaning the Secretary of Education, was substituted for "Commissioner" in pars. (5), (6), (10), and (14) pursuant to sections 301(a)(1) and 507 of

Pub. L. 96-88, which are classified to sections 3441(a)(1) and 3507 of this title and which transferred all functions of the Commissioner of Education to the Secretary of Education.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 635, 644 of this title.

§ 646. Assistance in cases of certain disasters (a) Eligibility requirements; maximum amount; form, terms and conditions

In any case in which

(1)(A) the President determines with respect to any local educational agency (including for the purpose of this section any other public agency which operates schools providing technical, vocational, or other special education to children of elementary or secondary school age) that such agency is located in whole or in part within an area which, after August 30, 1965, and prior to October 1, 1983, has suffered a major disaster as the result of any flood, drought, fire, hurricane, earthquake, storm, or other catastrophe which, in the determination of the President pursuant to sections 5122(2) and 5141 of title 42, is or threatens to be of sufficient severity or magnitude to warrant disaster assistance by the Federal Government; or

(B) the Secretary determines with respect to any such agency that public elementary or secondary school facilities (or, in the case of a public agency other than a local educational agency, school facilities providing technical, vocational, or other special education to children of elementary or secondary school age) of such agency have been destroyed or seriously damaged as a result of flood, hurricane, earthquake, storm, fire, or other catastrophe, except any such catastrophe caused by negligence or malicious action; and

(2) the Governor of the State in which such agency is located has certified the need for disaster assistance under this section, and has given assurance of expenditure of a reasonable amount of the funds of the government of such State, or of any political subdivision thereof, for the same or similar purposes with respect to such catastrophe;

and if the Secretary determines with respect to such agency that

(3) as a result of such major disaster, (A) public elementary or secondary school facilities of such agency (or, in the case of a public agency other than a local educational agency, school facilities providing technical, vocational, or other special education to children of elementary or secondary school age) have been destroyed or seriously damaged, or (B) private elementary or secondary school facilities serving children who reside in the area served by such agency have been destroyed and will not be replaced, thereby increasing the need of such agency for school facilities; (4) such agency is utilizing or will utilize all State and other financial assistance available for the replacement or restoration of such school facilities;