financial assistance available for the replacement or restoration of such school facilities; (4) such agency does not have sufficient funds available to it from State, local, and other Federal sources (including funds available under other provisions of this Act), and from the proceeds of insurance on such school facilities, to provide the minimum school facilities needed for the restoration or replacement of the school facilities so destroyed or seriously damaged; and (5) to the extent that the operation of private elementary and secondary schools in the school attendance area of the local educational agency has been disrupted or impaired by such disaster, such local educational agency has complied with the provisions of section 7 (a) (3) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), with respect to provisions for the conduct of educational programs under public auspices and administration in which children enrolled in such private elementary and secondary schools may attend and participate, the Commissioner may provide the additional assistance necessary to enable such agency to provide such facilities, upon such terms and in such amounts (subject to the provisions of this section) as the Commissioner may consider to be in the public interest; but such additional assistance, plus the amount which he determines to be available from State, local, and other Federal sources (including funds available under other provisions of this Act), and from the proceeds of insurance, may not exceed the cost of construction incident to the restoration or replacement of the school facilities destroyed or damaged as a result of the disaster. In any case deemed appropriate by the Commissioner such assistance may be in the form of a repayable advance subject to such terms and conditions as he considers to be in the public interest. (b) There are hereby authorized to be appropriated for each fiscal year such amounts as may be necessary to carry out the provisions of this section. Pending such appropriation, the Commissioner may expend (without regard to subsections (a) and (e) of section 3679 of the Revised Statutes (31 U.S.C. 665)) from any funds heretofore or hereafter appropriated for expenditure in accordance with other sections of this Act such sums as may be necessary for immediately providing assistance under this section, such appropriations to be reimbursed from the appropriations authorized by this subsection when made. (c) No payment may be made to any local educational agency under subsection (a) except upon application therefor which is submitted through the appropriate State educational agency and is filed with the Commissioner in accordance with regulations prescribed by him, and which meets the requirements of section 6(b)(1). In determining the order in which such applications shall be approved, the Commissioner shall consider the relative educational and financial needs of the local educational agencies which have submitted approvable applications. No payment may be made under subsection (a) unless the Commissioner 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 overall State plans for the construction of school facilities. All determinations made by the Commissioner under this section shall be made only after consultation with the appropriate State educational agency and the local educational agency. (d) Amounts paid by the Commissioner to local educational agencies under subsection (a) may be paid in advance or by way of reimbursement and in such installments as the Commissioner 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. (e) None of the provisions of sections 1 to 10, both inclusive, other than sections 6 (b) (1), shall apply with respect to this section. SPECIAL BASE CLOSING PROVISION 79 Stat. 1161. SEC. 17. In determining the payment to be made to a local 20 USC 647. educational agency under this Act the Commissioner shall disregard the announcement, made November 19, 1964, of a decrease in or cessation of Federal activities in certain areas, and shall carry out such Act as if such announcement had not been made. Legislative History SCHOOL CONSTRUCTION IN FEDERALLY AFFECTED AREAS (P.L. 815) 81st Congress-S. 2317: S. Rept. 948, p. 11885. Amended and passed Senate, p. 14727, Oct. 17, 1949. H. Rept. 2810; amended and passed House, p. 13056, Aug. 22, 1950. Conference report (H. Rept. 3064): Senate agrees, p. 14276, Sept. 7, 1950. House agrees, p. 14948, Sept. 15, 1950. Approved, p. 15771, Sept. 23, 1950. 83d Congress-P.L. 246 (amends P.L. 815). H.R. 6049: H. Rept. 702, p. 8043; passed House, p. 8261, July 8, 1953. S. Rept. 713; amended and passed Senate, p. 10793, Aug. 1, 1953. Conference report (H. Rept. 1091): House agrees to, p. 11110, Aug. 3, 1953. Senate agrees to, p. 11055, Aug. 3, 1953. Approved, p. 11160, Aug. 8, 1953. 83d Congress—P.L. 731 (amends P.L. 815). S. 3628: S. Rept. 2203, p. 13003; amended and passed Senate, p. 14058, Aug. 11, 1954. House amended and passed, p. 14665, Aug. 16, 1954. Senate concurs in House amendment, p. 14983, August 18, 1954. Approved, p. 15838, Aug. 31, 1954. 84th Congress-P.L. 382 (amends P.L. 815 and 874). H.R. 7245; H. Rept. 1141, p. 11596; amended and passed House, p. 12408, July 30, 1955. Passed Senate, p. 12296, July 30, 1955. Approved, p. 13081, Aug. 12, 1955. 85th Congress-P.L. 620 (amends P.L. 815 and 874). H.R. 11378; H. Rept. 1532; amended and passed House, p. 7125, Apr. 23, 1958. S. Rept. 1929; amended and passed Senate, p. 15245, July 28, 1958. House concurs in Senate amendment, p. 15444, July 29, 1958. Approved, p. 18234, Aug. 12, 1958. S. 88th Congress-P.L. 88-210, pt. C (amends P.L. 815 and 874). H.R. 4955; H. Rept. 393, p. 11065; amended and passed House, p. 14297, Aug. 6, 1963. Rept. 553; amended and passed Senate, p. 18999, Oct. 8, 1963. Conference report (H. Rept. 1025); House agrees, p. 24921, Dec. 12, 1963. Senate agrees, p. 24486, Dec. 13, 1963. Approved Dec. 18, 1963. 88th Congress-P.L. 88-665 (amends P.L. 815 by sec. 1101, amends P.L. 874 by sec. 1102). S. 3060; S. Rept. 1275; passed Senate Aug. 1, 1964, p. 17116 (daily edition of Congressional Record). House amended and passed Aug. 14, 1964, p. 19075 (daily edition). Conference report (H. Rept. 1916), Sept. 30, 1964; House agrees Oct. 1, 1964, p. 22651. Senate agrees Oct. 2, 1964, p. 22747. Approved Oct. 16, 1964. 89th Congress-P.L. 89-10 H. Rept. 143 (Committee on Education and Labor). S. Rept. 146 (Committee on Labor and Public Welfare). Mar. 24-25: Considered in House. Mar. 26: Considered and passed House. Apr. 6-8: Considered in Senate. Apr. 9: Considered and passed Senate. 89th Congre88-P.L. 89-313 H. Rept. 587 (Committee on Education and Labor). S. Rept. 146 (Committee on Labora and Public Welfare). Congressional Record, vol. 111 (1965): Aug. 30: Considered and passed House. Oct. 1: Considered and passed Senate, amended. Oct. 13: House concurred in Senate amendments with an amendment. Oct. 15: Senate concurred in House amendment. 89th Congress-P.L. 89-750 H. Repts. No. 1814, 1814 pt. II (Committee on Education and Labor) and No. 2309 (Committee of Conference). S. Rept. No. 1674 accompanying S. 3046 (Committee on Labor and Public Welfare). Congressional Record, vol. 112 (1966): Oct. 5: Considered in House. Oct. 6: Considered and passed House. Oct. 5, 6: S. 3046 considered and passed Senate. Oct. 7: Considered and passed Senate, amended, in lieu of S. 3046. Oct. 19: Senate agreed to conference report. Oct. 20: House agreed to conference report. FINANCIAL ASSISTANCE TO LOCAL EDUCATIONAL Enacted on September 30, 1950, as P.L. 874, 81st Congress (64 Stat. 1100). AN ACT To provide financial assistance for local educational agencies TITLE I-FINANCIAL ASSISTANCE FOR LOCAL DECLARATION OF POLICY SECTION 1. In recognition of the responsibility of the United 20 USC 236. States for the impact which certain Federal activities have on NOTES Section 111(f) of Public Law 89-750 provides for coordination of the programs of Acts amended by Public Law 89-750 as follows: "In administering the provisions of this Act and any Act amended by this Act, the Commissioner shall consult with other Federal departments and agencies administering programs which may be effectively coordinated with programs carried out pursuant to such Acts, and to the extent practicable for the purposes of such Acts shall (1) coordinate such programs on the Federal level with the programs being administered by such other departments and agencies, and (2) require that effective procedures be adopted by State and local authorities to coordinate the development and operation of programs and projects carried out under such Acts with other public and private programs having the same or similar purposes, including community action programs under title II of the Economic Opportunity Act of 1964." **Section 182 of P.L. 89-750 provides for compliance with the Civil Rights Act of 1964 as follows: "The Commissioner of Education shall not defer action or order action deferred on any application by a local educational agency for funds authorized to be appropriated by this Act, by the Elementary and Secondary Education Act of 1965, by the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), by the Act of September 23, 1950 (Public Law 815, Eighty-first Congress), or by the Cooperative Research Act, on the basis of alleged noncompliance with the provisions of title VI of the Civil Rights Act of 1964 for more than sixty days after notice is given to such local agency of such deferral unless such local agency 20 USC 821 note. 20 USC 237. 79 Stat. 36. the local educational agencies in the areas in which such activities are carried on, the Congress hereby declares it to be the policy of the United States to provide financial assistance (as set forth in the following sections of this title) for those local educational agencies upon which the United States has placed financial burdens by reason of the fact that (1) the revenues available to such agencies from local sources have been reduced as the result of the acquisition of real property by the United States; or (2) such agencies provide education for children residing on Federal property; or (3) such agencies provide education for children whose parents are employed on Federal property; or (4) there has been a sudden and substantial increase in school attendance as the result of Federal activities. FEDERAL ACQUISITION OF REAL PROPERTY SEC. 2. (a) Where the Commissioner, after consultation with any local educational agency and with the appropriate State educational agency, determines for any fiscal year ending prior to July 1, 1968 (1) that the United States owns Federal property in the school district of such local educational agency and that such property (A) has been acquired by the United States since 1938, (B) was not acquired by exchange for other Federal property in the school district which the United States owned before 1939, and (C) had an assessed value (determined as of the time or times when so acquired) aggregating 10 per centum or more of the assessed value of all real property in the school district (similarly determined as of the time or times when such Federal property was so acquired); and (2) that such acquisition has placed a substantial and continuing financial burden on such agency; and (3) that such agency is not being substantially compensated for the loss in revenue resulting from such acquisition by (A) other Federal payments with respect to the property so acquired, or (B) increases in revenue accruing to the agency from the carrying on of Federal activities with respect to the property so acquired, then the local educational agency shall be entitled to receive for such fiscal year such amount as, in the judgment of the Commissioner, is equal to the continuing Federal responsibility for the additional financial burden with respect to current expendi is given the opportunity for a hearing as provided in section 602 of title VI of the Civil Rights Act of 1964, such hearing to be held within sixty days of such notice, unless the time for such hearing is extended by mutual consent of such local agency and the Commissioner, and such deferral shall not continue for more than thirty days after the close of any such hearing unless there has been an express finding on the record of such hearing that such local educational agency has failed to comply with the provisions of title VI of the Civil Rights Act of 1964." By Sections 191 and 241 of Public Law 89-750, amendments to this Act made by P.L. 89-750. as indicated hereinafter by citations in the margin to 80 Stat. 1191 through 1216, shall be effective with respect to fiscal years beginning after June 30, 1966, except as specifically provided otherwise. |