72 Stat. 556. 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 (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 15 (1). "(b) There are hereby authorized to be appropriated for each fiscal Appropriation. year ending prior to July 1, 1961, such sums, not to exceed $40,000,000 in the aggregate, 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, except that after June 30, 1961, no agreement may be made to extend assistance under this section. 66 "(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 and the nature and extent of the Federal responsibility. 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 over-all 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 of, or by way of reimbursement for, work performed or purchases made pursuant to the agreement with the Commissioner under this section, and may be paid 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 section 6 (b) (1), shall apply with respect to determinations made under this section. "DEFINITIONS "SEC. 15. For the purposes of this Act "(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 real property which is 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. Except for the purposes of section 10, such term also 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, and (B) any school which is providing flight training to members of the Air Force under con 48 Stat. 200. 40 USC 414. 49 Stat. 115. 50 Stat. 888. 42 USC 430 54 Stat. 676. 72 Stat. 557. tractual arrangements with the Department of the Air Force at an airport which is owned by a State or a political subdivision of a State. Notwithstanding the foregoing provisions of this paragraph, such term does not include (A) any real property used by the United States primarily for the provision of services or benefits to the local area in which such property is situated, (B) any real property used for a labor supply center, labor home, or labor camp for migratory farm workers, (C) any real property under the jurisdiction of the Post Office Department and used primarily for the provision of postal services, or (D) 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, the Act of June 28, 1940 (Public Law 671, Seventy-sixth Congress), or any law amendatory of or supplementary to any of such Acts. "(2) The term 'child' means any child who is within the age limits 50 USC app. 1151 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 Commissioner; except that, notwithstanding any other provision of this Act, 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 Act 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 Commissioner, 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 Commissioner 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 base year designated in the application, increased by a percentage estimated by the Commissioner to represent additional costs for site improvements, equipment, and architectural, engineering, and legal fees, and multiplied by a factor estimated by the Commissioner to represent the area needed per pupil in minimum school facilities. If the Commissioner 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 Com 72 Stat. 558. missioner, after consultation with the State and local educational "(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 9 and 10, 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 Commissioner, after consultation with the State and local educational agencies, in accordance with regulations prescribed by him. "(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. 66 "(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, Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands, or Wake Island. "(14) The terms 'Commissioner of Education' and 'Commissioner' mean the United States Commissioner of Education. "(15) The term 'base year' means the regular school year preceding the fiscal year in which an application was filed under this Act or the regular school year preceding such school year, 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 5 (4), the base year shall in no event be later than the regular school year 19581959; and "(16) The term 'increase period' means the period of two consecutive regular school years immediately following such base year." SEC. 102. The amendment made by section 101 shall be effective for Effective date. the period beginning July 1, 1958, except that such amendment shall Pederal acquisition of real property. 64 Stat. 1101. 20 USC 237. 48 Stat. 596. Children residing 72 Stat. 559. TITLE II-AMENDMENTS TO PUBLIC LAW 874, EIGHTY- SEC. 201. (a) Section 2 (a) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), as amended, is amended by striking out "the fiscal year beginning July 1, 1950, or for any of the seven succeeding fiscal years" and inserting in lieu thereof the following: "any fiscal year ending prior to July 1, 1961". (b) Paragraph (1) of section 2 (b) of such Act is amended by inserting before the period at the end thereof the following: ", but shall not include payments pursuant to contract or other arrangement under section 1 of the Act of April 16, 1934, commonly referred to as the Johnson-O'Malley Act (25 U. S. C., sec. 452)". SEC. 202. (a) Section 3 (a) of such Act is amended by striking out on Federal prop- "ending prior to July 1, 1958". jerty. 49 Stat. 1458. 25 USC 454. Special requirements applicable (b) Section 3 (b) of such Act is amended (1) by striking out "For such purpose" and inserting in lieu thereof the following: "For the purpose of computing the amount to which a local educational agency is entitled under this section for any fiscal year ending prior to July 1, 1961"; (2) by inserting after "the number of children" the following: "(other than children to whom subsection (a) applies)"; and (3) by striking out the last sentence thereof. (c) Section 3 (c) of such Act is amended— (1) by striking out "ending prior to July 1, 1958," where it appears to local agencies. in paragraph (1); Provision. (2) by striking out the period at the end of clause (B) of paragraph (2) and inserting in lieu thereof a comma and the following: "except that such 3 per centum requirement need not be met by such agency for any period of two fiscal years which follows a fiscal year during which such agency met such requirement and was entitled to payment under the provisions of this section, but the payment, under the provisions of this section to such agency for the second fiscal year of any such two-year period during which such requirement is not met, shall be reduced by 50 per centum of the amount thereof. "For the purposes of this paragraph and paragraph (3), a local educational agency may count as children determined under subsection (b) any number of children determined under subsection (a)."; (3) by striking out "June 30, 1939" where it appears in paragraph (3) and inserting in lieu thereof "June 30, 1957"; (4) by striking out all of paragraph (3) which appears after "exceeded 35,000" and inserting in lieu thereof the following: ", such agency's percentage requirement for eligibility (as set forth in paragraph (2) of this subsection) shall be 6 per centum instead of 3 per centum (and the provisions of the last sentence of such paragraph (2) which relate to the lowering of the percentage requirement shall not apply): Provided, That this paragraph shall not apply to any agency or consolidated agencies which have qualified for payments under this Act before the date of enactment of this proviso, by virtue of having less than thirty-five thousand average daily attendance during the fiscal year ending June 30, 1939."; (5) by striking out "ending prior to July 1, 1958" where it appears in clause (A) of paragraph (4); and (6) by striking out "effective for the fiscal year beginning July 1, 1955, and the two succeeding fiscal years" where it appears in clause (D) of paragraph (4). (d) Section 3 (d) of such Act is amended— (1) by striking out "most nearly" in clause (1) and inserting in lieu thereof "generally", and 72 Stat. 560. (2) by striking out the fourth and fifth sentences and inserting in lieu thereof the following: "In no event shall the local contribution rate for any local educational agency in any State in the continental United States for any fiscal year be less than (i) 50 per centum of the average per pupil expenditure in such State or (ii) 50 per centum of the average per pupil expenditure in the continental United States, but not to exceed the average per pupil expenditure in the State: Provided, That if, for the fiscal year ending June 30, 1959, the application of clause (ii) of this sentence results in a lower local contribution rate than resulted from the application of such clause during the fiscal year ending June 30, 1958, as such clause was then in effect, then such clause, as in effect during the fiscal year ending June 30, 1958, shall be in effect during the fiscal year ending June 30, 1959. For the purposes of the preceding sentence the 'average per pupil expenditure in a State, or in the continental United States, shall be the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the computation is made, of all local educational agencies in the State, or in the continental United States, as the case may be (without regard to the sources of funds from which 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 fiscal year.". (e) Section 3 (e) of such Act is amended by adding the word "actually" after the words "(as defined in section 2 (b) (1)) and". SEC. 203. (a) Section 4 (a) of such Act is amended (1) by striking Sudden inout "1958" both times it appears therein and inserting in lieu thereof creases in "1961" and (2) by inserting after "50 per centum of such product" attendance. the following: "reduced by the amount of such product which is attributable to children with respect to whom such agency is, or upon application would be, entitled to receive any payment under section 3 for such fiscal year". (b) Subparagraph (A) of section 4 (c) of such Act is amended by striking out "year, and" and inserting in lieu thereof "year: Provided, That the Commissioner shall count for such purposes as an increase directly resulting from activities of the United States, an increase in the number of children who reside on Federal property or reside with a parent employed on Federal property, if the local educational agency files, in accordance with regulations of the Commissioner, its election that such increase be counted for such purposes instead of for the purposes of section 3; and". Transfer and SEC. 204. Subsection (d) of section 8 of such Act is amended— (1) by striking out "during the period beginning July 1, 1953, and availability ending June 30, 1958,"; and of appropriations. (2) by inserting before the period at the end thereof the following: ", or the availability of appropriations under the Act of April 16, 1934, commonly referred to as the Johnson-O'Malley Act (25 U. S. C., 48 Stat. 596; sec. 452)". 49 Stat. 1458. SEC. 205. (a) The third sentence of paragraph (1) of section 9 of Definitions. such Act is amended by inserting after "(A)" the following: "except for purposes of section 6,". (b) The last sentence of paragraph (1) of section 9 of such Act is amended (1) by inserting "or benefits" after "provision of services"; and |