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Chapter 798 - 1st Session

S. 2098
AN ACT

To amend Public Law 83, Eighty-third Congress.

amendments,
38 Stat. 372.

344-348.

farms.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Smith- Smith-Lever Act Lever Act, as amended (7 U. S. C. 341 and the following, supp. 1), is further amended as follows: (a) By adding a new section, following section 7, to read as follows:

7 USC 341-343, "Sec. 8. (a) The Congress finds that there exists special circum

Disadvantaged stances in certain agricultural areas which cause such areas to be at a disadvantage insofar as agricultural development is concerned, which circumstances include the following: (1) There is concentration of farm families on farms either too small or too unproductive or both; (2) such farm operators because of limited productivity are unable to make adjustments and investments required to establish profitable operations; (3) the productive capacity of the existing farm unit does not permit profitable employment of available labor; (4) because of limited resources, many of these farm families are not able to make full use of current extension programs designed for families operating economic units nor are extension facilities adequate to provide the assistance needed to produce desirable results.

“(b) In order to further the purposes of section 2 in such areas Appropriation. and to encourage complementary development essential to the welfare of such areas, there are hereby authorized to be appropriated such sums as the Congress from time to time shall determine to be necessary for payments to the States, Alaska, Hawaii, and Puerto Rico on the basis of special needs in such areas as determined by the Secretary of Agriculture.

"(c) In determining that the area has such special need, the Secre- Assistance. tary shall find that it has a substantial number of disadvantaged farms 69 Stat. 683. or farm families for one or more of the reasons heretofore enumerated. 69 Stat. 684. The Secretary shall make provisions for the assistance to be extended to include one or more of the following: (1) Intensive on-the-farm educational assistance to the farm family in appraising and resolving its problems; (2) assistance and counseling to local groups in appraising resources for capability of improvement in agriculture or introduction of industry designed to supplement farm income; (3) cooperation with other agencies and groups in furnishing all possible information as to existing employment opportunities, particularly to farm families having underemployed workers; and (4) in cases where the farm family, after analysis of its opportunities and existing resources, finds it advisable to seek a new farming venture, the providing of information, advice, and counsel in connection with making such change.

“(d) No more than 10 per centum of the sums available under thisAllocation section shall be allotted to any one State. The Secretary shall use of funds. project proposals and plans of work submitted by the State Extension directors as a basis for determining the allocation of funds appropriated pursuant to this section.

(3301)

All 69 Stat. 684.

"(c) Sums appropriated pursuant to this section shall be in addition to, and not in substitution for, appropriations otherwise available under this Act. The amounts authorized to be appropriated pursuant to this section shall not exceed a sum in any year equal to 10 per centum of sums otherwise appropriated pursuant to this Act.”

(b) By renumbering section 8 to read section 9.
Approved August 11, 1955.

Chapter 868 - 1st Session

H. R. 7245
AN ACT

All 69 Stat. 713.
To amend Public Laws 815 and 874, Eighty-first Congress, which provide for

assistance to local educational agencies in areas affected by Federal activities, and for other purposes.

Be it enacted by the Senate and Tlouse of Representatives of the education an United States of America in Congress assembled,

Federally affected areas.

EXTENSION OF PUBLIC LAW 874

Section 1. The first sentence of section 2 (a) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), as ame

nended, 67 Stat. 530. is amended by striking out “five succeeding fiscal years” and inserting 20 USC 237. "six succeeding fiscal years". Sections 3 (a), 3 (C), 4 (a), and 8 (d) 67 Stat. 530, of such Act are amended by striking out “1956" wherever appearing

531, 532, 536. therein and inserting “1957”. Section 3 (c) (2) (1) of such Act is 20 USC 238, 239,

243. amended by inserting after "July 1, 1955," the following: "and the succeeding fiscal year,". Section 10 (a) of such Act is amended by 67 Stat. 536. striking out “or the succeeding fiscal year” in the first sentence and 20 USC 245. inserting "or either of the two succeeding fiscal years", and by striking out the second sentence and inserting the following: "Notice of such an election shall be filed with the Secretary of the Interior and with the Commissioner of Education before January 1 of the calendar year in which the fiscal year in question begins.".

PAYMENTS UNDER PUBLIC LAW 87 + FOR CURRENT INCREASES IN FEDERALLY

CONNECTED CHILDREN

Sec. 2. Section 4 (a) (1) of such Act is amended by striking out 20 USC 239. “at least 5 per centum of the number of all children in average daily attendance at the schools of such agency during the preceding fiscal year” and inserting “at least 5 per centum of the difference between the number of children in average daily attendance at the schools of such agency during the preceding fiscal year and the number of such children whose attendance during such year resulted from activities of the United States (including children who resided on Federal property or with a parent employed on Federal property)”.

66

POSTPONEMENT OF 3 PER CENTUM “ABSORPTION" REQUIREMENT UNDER

PUBLIC LAW 874

Sec. 3. The Act of August 31, 1954 (Public Law 732, Eighty-third Congress), is amended by inserting after “June 30, 1955," the 68 Stat. 1006.

20 USC 238 note. following: "and the succeeding fiscal year".

TRANSFER OF TEMPORARY SCHOOL FACILITIES MADE AVAILABLE UNDER

PUBLIC LAW 815

Sec. 4. Sections 203 and 309 of the Act of September 23, 1950 (Pub- 64 Stat. 971; lic Law 815, Eighty-first Congress), as amended, are each amended 67 Stat. 525. by inserting at the end thereof the following new sentence: "The 20 USC 273, 299. Commissioner may transfer to such agency or its successor all the right, title, and interest of the United States in and to any temporary facilities made available to such agency under this section; any such transfer shall be without charge, but may be made on such other terms and conditions, and at such time, as the Commissioner deems appropriate to carry out the purposes of this title.” The amendments made by this section shall apply to any facility made available

All 69_State 114.

to a local educational agency either before or after the enactment of this Act.

DATE FOR DETERMINING "UNHOUSED" CHILDREN

20 USC 293.

20 USC 294.

a

67 Stat. 522. Sec. 5. (a) Section 304 of such Act is amended, effective December 20 USC 294. 1, 1954, by striking out “the number of such children who will other

wise be without such facilities at sucli time shall be determined by reference to those facilities which (A) are built or under contract as of the date set by the Commissioner under section 303 for filing applications for payments from the funds out of which such Federal share is to be paid", and inserting the following: "the number of such children who will otherwise be without such facilities at such time shall be determined by reference to those facilities which (A) are built or under contract as of the earliest date set by the Commissioner under section 303, on or before which the application for such project is filed".

(b) Such section is further amended by inserting “(a)" after “Sec. 301." and by adding at the end of section the following new subsection:

“(b) (1) Where a local educational agency filed an application for payments under this title on or before November 24, 195:3, and after that date entered into any construction contract which had the effect of diminishing or eliminating payments to such agency on the basis of the application, the Commissioner shall pay to such agency, out of funds appropriated pursuant to this subsection, an amount equal to the difference between the amount, if any, reserved on the basis of the application and the amount which would have been reserved on the

basis of the application out of funds appropriated by the Supple67 Stat. 424. mental Appropriation Act, 1954, if such funds had been sufficient to

permit payments without establishing priorities under section 303.

“(2) Payments under this subsection shall be made upon request of the local educational agency involved, filed with the Commissioner within ninety days after the date on which funds are appropriated to make such payments. Except as provided in paragraph (3), such payments shall be made in a lump sum, and shall be made upon condition that the funds paid shall be used solely to finance the construction of school facilities for such agency (including the payment of obligations incurred with respect to school facilities constructed before the enactment of this subsection).

“(33) If, as of the date on which funds are appropriated to make payments under this subsection, any agency to which this subsection applies has not provided minimum school facilities (determined by reference to those facilities which, as of such date, are built or under contract, or are included in a project the application for which has been approved under this title) for the estimated number of children who will be in the membership of its schools at the close of the regular school year 1955–1956, its request shall set forth one or more projects for the construction of minimum school facilities for such children, and

with respect to such projects shall meet the requirements of section 20 USC 275. 205 (b) (1). If, and only if, the projects included in its request

and approved for payment will provide minimum school facilities for the number of children for whom such facilities have not been provided, as determined under the preceding sentence, the balance, if any, of the amount payable to such agency under this subsection shall be paid to it in accordance with paragraph (2). "'pon approval

of the request, payments with respect to each project included in the 20 USC 297, request shall be made under section 307 as if an application for such 296.

project had been approved under section 306."

All 69 Stat. 715. ASSISTANCE UNDER PUBLIC LAW 815 FOR CHILDREN RESIDING ON INDIAN

LAND OUTSIDE SCHOOL DISTRICTS

Sec. 6. (a) Paragraph (1) of section 401 (a) of such Act is 67 Stat. 526. amended by inserting before the semicolon the following: "or that 20 USC 311. the total number of such children who reside on Indian lands located outside the school district of such agency equals or exceeds 100”.

(b) Such section 401 (a) is further amended by adding at the end thereof the following: "Assistance may be furnished under this subsection without regard to paragraph (2) (but subject to the other provisions of this subsection and subsection (c)) 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 third sentence of section 210 (1).".

(c) Section 401 (b) of such Act is amended (1) by striking out “the succeeding, fiscal year and inserting in lieu thereof “the two succeeding fiscal years", and (2) by striking out “June 30, 1955" and inserting in lieu thereof“June 30, 1956".

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PAYMENTS UNDER PUBLIC LAW 815 TO DISTRICTS UNABLE TO FINANCE

NON-FEDERAL SHARE OF PROJECTS

Sec. 7. Section 308 of such Act is amended by inserting “(a)" after 67 Stat. 525. “SEC. 308." and by adding at the end of the section the following new 20 USC 298, subsection :

“(b) Where a local educational agency filed an application for payments under this section before June 30, 1954, and such agency met all the requirements established for approval of such application except the 20 per centum requirement as to children countable for payments under this title (45 C. F. R., 1954 Supp., 107.8 (b) (2)), and the number of children countable for the purposes of such requirement was equal to 10 per centum or more of the average daily membership of such agency for the school year 1953-1954, the Commissioner shall pay to such agency, out of funds appropriated pursuant to this subsection, an amount equal to the amount which would have been reserved on the basis of such application if such requirement had been met. Payments under this subsection shall be made upon application by the local educational agency involved, filed with the Commissioner on or before November 1, 1955, which shall set forth one or more projects for the construction of minimum school facilities for such agency, and shall meet the requirements of section 205 (b) (1) with respect 20 USC 275. to such projects. Upon approval of an application under this subsection, payments with respect to each project included in the application shall be made under section 307 as if an application for such 20 USC 297, project had been approved under section 306."

Approved August 12, 1955.

296.

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