PRIOR PROVISIONS Provisions similar to those comprising this section were contained in act Sept. 23, 1950, ch. 995, title III, § 308(a), as added Aug. 8, 1953, ch. 400, § 1, 67 Stat. 525, and amended Aug. 12, 1955, ch. 868, § 7, 69 stat. 715 (formerly classified to section 298(a) of this title) prior to the complete amendment and renumbering of act Sept. 23, 1950, by Pub. L. 85-620. AMENDMENTS 1988-Pub. L. 100-297 substituted "Secretary" for "Commissioner". EFFECTIVE DATE OF 1988 AMENDMENT For effective date and applicability of amendment by Pub. L. 100-297, see section 6303 of Pub. L. 100-297, set out as an Effective Date note under section 2701 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 639, 644, 646 of this title. § 639. Procedure in cases of temporary Federal activities; donation of temporary school facilities Notwithstanding sections 631 to 638 of this title, whenever the Secretary determines that the membership of some or all of the children, who may be included in computing under section 635 of this title the maximum on the total of the payments for any local educational agency, will be of temporary duration only, such membership shall not be included in computing such maximum. Instead, the Secretary may make available to such agency such temporary school facilities as may be necessary to take care of such membership; or he may, where the local educational agency gives assurance that at least minimum school facilities will be provided for such children, pay (on such terms and conditions as he deems appropriate to carry out the purposes of this chapter) to such agency for use in constructing school facilities an amount equal to the amount which he estimates would be necessary to make available such temporary facilities. In no case, however, may the amount so paid exceed the cost, in the school district of such agency, of constructing minimum school facilities for such children. The Secretary 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 (or section 309 of this Act as in effect January 1, 1958); any such transfer shall be without charge, but may be made on such other terms and conditions, and at such time as the Secretary deems appropriate to carry out the purposes of this chapter. (Sept. 23, 1950, ch. 995, § 9, as added Aug. 12, 1958, Pub. L. 85-620, title I, § 101, 72 Stat. 553, and amended Apr. 28, 1988, Pub. L. 100-297, title II, § 2032(a)(1), 102 Stat. 301.) REFERENCES IN TEXT Section 309 of this Act as in effect January 1, 1958, referred to in text, means section 309 of act Sept. 23, 1950, prior to its general amendment by Pub. L. 85-620. Section 309, which was classified to section 299 of this title, provided: “Notwithstanding the preceding provisions of this title [former sections 291 to 298 of this title], whenever the Commissioner determines that the membership of some or all of the children, who may be included in computing under section 305 [section 295 of this title] the maximum on the total of the payments for any local educational agency, will be of temporary duration only, such membership shall not be included in computing such maximum. Instead, the Commissioner may make available to such agency such temporary school facilities as may be necessary to take care of such membership; or he may, where the local educational agency gives assurance that at least minimum school facilities will be provided for such children, pay (on such terms and conditions as he deems appropriate to carry out the purposes of this title [sections 291 to 302 of this title]) to such agency for use in constructing school facilities an amount equal to the amount which he estimates would be necessary to make available such temporary facilities. In no case, however, may the amount so paid exceed the cost, in the school district of such agency, of constructing minimum school facilities for such children. The 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 [sections 291 to 302 of this title]." PRIOR PROVISIONS Provisions similar to those comprising this section were contained in act Sept. 23, 1950, ch. 995, title III, § 309, as added Aug. 8, 1953, ch. 400, § 1, 67 Stat. 525, and amended Aug. 12, 1955, ch. 868, § 4, 69 Stat. 713 (formerly classified to section 299 of this title) prior to the complete amendment and renumbering of act Sept. 23, 1950, by Pub. L. 85-620. AMENDMENTS 1988-Pub. L. 100-297 substituted "Secretary" for "Commissioner" wherever appearing. EFFECTIVE DATE OF 1988 AMENDMENT For effective date and applicability of amendment by Pub. L. 100-297, see section 6303 of Pub. L. 100-297, set out as an Effective Date note under section 2701 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 632, 644, 645, 646 of this title. § 640. Children for whom local agencies are unable to provide education (a) Provision for minimum school facilities In the case of children who it is estimated by the Secretary in any fiscal year will reside on Federal property at the end of the next fiscal year (1) if no tax revenues of the State or any political subdivision thereof may be expended for the free public education of such children; or (2) if it is the judgment of the Secretary, after he has consulted with the appropriate State educational agency, that no local educational agency is able to provide suitable free public education for such children, the Secretary shall make arrangements for constructing, leasing, renovating, remodeling, or rehabilitating or otherwise providing the minimum school facilities necessary for the education of such children. In any case in which the Secretary makes arrangements under this sec tion for constructing, leasing, renovating, remodeling, or rehabilitating or otherwise providing minimum school facilities situated on Federal property in Puerto Rico, Wake Island, Guam, American Samoa, the Northern Mariana Islands, or the Virgin Islands, he may also include minimum school facilities necessary for the education of children residing with a parent employed by the United States though not residing on Federal property, but only if the Secretary determines, after consultation with the appropriate State educational agency, (1) that the construction or provision of such facilities is appropriate to carry out the purposes of this chapter, (2) that no local educational agency is able to provide suitable free public education for such children, and (3) that English is not the primary language of instruction in schools in the locality. Such arrangements may also be made to provide, on a temporary basis, minimum school facilities for children of members of the Armed Forces on active duty, if the schools in which free public education is usually provided for such children are made unavailable to them as a result of official action by State or local governmental authority and it is the judgment of the Secretary, after he has consulted with the appropriate State educational agency, that no local educational agency is able to provide suitable free public education for such children. To the maximum extent practicable school facilities provided under this section shall be comparable to minimum school facilities provided for children in comparable communities in the State. This section shall not apply (A) to children who reside on Federal property under the control of the Atomic Energy Commission, and (B) to Indian children attending federally operated Indian schools. Whenever it is necessary for the Secretary to provide school facilities for children residing on Federal property under this section, the membership of such children may not be included in computing under section 635 of this title the maximum on the total of the payments for any local educational agency. (b) Transfer in Federal interest of title of facilities to local educational agencies When the Secretary determines it is in the interest of the Federal Government to do so, he may transfer to the appropriate local educational agency all the right, title, and interest of the United States in and to any facilities provided under this section (or sections 204 or 310 of this Act as in effect January 1, 1958). Any such transfer shall be without charge, but may be made on such other terms and conditions, and at such time as the Secretary deems appropriate to carry out the purposes of this chapter. (c) Children living on Federal property If no tax revenues of a State or of any political subdivision of the State may be expended for the free public education of children who reside on any Federal property within the State, or if no tax revenues of a State are allocated for the free public education of such children, then the property on which such children reside shall not be considered Federal property for the purposes of section 635 of this title. (Sept. 23, 1950, ch. 995, § 10, as added Aug. 12, 1958, Pub. L. 85-620, title I, § 101, 72 Stat. 553, and amended May 6, 1960, Pub. L. 86-449, title V, § 502, 74 Stat. 89; July 21, 1965, Pub. L. 89-77, § 1, 79 Stat. 243; Nov. 3, 1966, Pub. L. 89-750, title II, §§ 228, 229, 80 Stat. 1215; Nov. 1, 1978, Pub. L. 95-561, title X, §§ 1023, 1031(b)(1), 92 Stat. 2312; Apr. 28, 1988, Pub. L. 100-297, title II, § 2032(a)(1), 102 Stat. 301.) REFERENCES IN TEXT Sections 204 or 310 of this Act as in effect January 1, 1958, referred to in subsec. (b), are sections 204 and 310 of act Sept. 23, 1950, Pub. L. 815, ch. 995, which were classified to sections 274 and 300 of this title. Both such sections related to children for whom local agencies cannot provide education and the substance of these prior provisions is incorporated in this section. PRIOR PROVISIONS Provisions similar to those comprising this section were contained in act Sept. 23, 1950, ch. 995, title III, § 310, as added Aug. 8, 1953, ch. 400, § 1, 67 Stat. 526, and amended Aug. 31, 1954, ch. 1149, § 6, 68 Stat. 1005; Aug. 3, 1956, ch. 915, title I, § 108, 70 Stat. 969; Sept. 2, 1957, Pub. L. 85-267, § 6, 71 Stat. 593 (formerly classified to section 300 of this title) prior to the complete amendment and renumbering of act Sept. 23, 1950, by Pub. L. 85-620. AMENDMENTS 1988-Subsecs. (a), (b). Pub. L. 100-297 substituted "Secretary" for "Commissioner" wherever appearing. 1978-Subsec. (a). Pub. L. 95-561 inserted ", leasing, renovating, remodeling, or rehabilitating" after "arrangements for constructing" and after "this section for constructing" and inserted "American Samoa, the Northern Mariana Islands," after "Guam,”. 1966-Pub. L. 89-750 designated existing provisions as subsec. (a) and added subsecs. (b) and (c). 1965-Pub. L. 89-77 authorized Commissioner to construct minimum school facilities necessary for education of children residing with a parent employed by the United States, though not residing on Federal property in Puerto Rico, Wake Island, Guam, or the Virgin Islands, under certain conditions. 1960-Pub. L. 86-449 authorized arrangements to be made to provide, on a temporary basis, minimum school facilities for children of members of the Armed Forces on active duty, in cases where school facilities are made unavailable as a result of official action by State or local governmental authority, and the Commissioner determines that no local educational agency is able to provide suitable free public education. EFFECTIVE DATE OF 1988 Amendment For effective date and applicability of amendment by Pub. L. 100-297, see section 6303 of Pub. L. 100-297, set out as an Effective Date note under section 2701 of this title. 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 a note under section 237 of this title. EFFECTIVE DATE OF 1966 AMENDMENTS Amendment by section 228 of Pub. L. 89-750 effective for fiscal years beginning after June 30, 1966, see section 241 of Pub. L. 89-750, set out as a note under section 238 of this title. Pub. L. 90-247, § 202, title II, Jan. 2, 1968, 81 Stat. 807, provided in part that the amendment made by section 229 of Pub. L. 89-750 to this section shall be ef fective only with respect to fiscal years beginning after June 30, 1969. TRANSFER OF FUNCTIONS The Atomic Energy Commission was abolished and all functions were transferred to the Administrator of the Energy Research and Development Administration (unless otherwise specifically provided) by section 5814 of Title 42, The Public Health and Welfare. The Energy Research and Development Administration was terminated and functions vested by law in the Administrator thereof were transferred to the Secretary of Energy (unless otherwise specifically provided) by sections 7151(a) and 7293 of Title 42. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 632, 644, 645, 646 of this title; title 10 section 2008. § 641. Withholding of payments for noncompliance (a) Noncompliance with project; diversion of funds; failure to carry out assurances in application Whenever the Secretary of Education after reasonable notice and opportunity for hearing to a local educational agency, finds (1) that there is a substantial failure to comply with the drawings and specifications for the project, (2) that any funds paid to a local educational agency under this chapter have been diverted from the purposes for which paid, or (3) that any assurance given in an application is not being or cannot be carried out, the Secretary may forthwith notify such agency that no further payment will be made under this chapter with respect to such agency until there is no longer any failure to comply or the diversion or default has been corrected or, if compliance or correction is impossible, until such agency repays or arranges for the repayment of Federal moneys which have been diverted or improperly expended. (b) Judicial review of Secretary's action in disapproving applications or withholding payments The final refusal of the Secretary to approve part or all of any application under this chapter, and the Secretary's final action under subsection (a) of this section, shall be subject to judicial review on the record, in the United States court of appeals for the circuit in which the local educational agency is located, in accordance with the provisions of subchapter II of chapter 5, and chapter 7, of title 5. (Sept. 23, 1950, ch. 995, § 11, as added Aug. 12, 1958, Pub. L. 85-620, title I, § 101, 72 Stat. 554, and amended Apr. 28, 1988, Pub. L. 100-297, title II, § 2032(a)(1), (2), 102 Stat. 301.) CODIFICATION "Subchapter II of chapter 5, and chapter 7, of title 5" was substituted for "the Administrative Procedure Act" on authority of Pub. L. 89-554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. PRIOR PROVISIONS Provisions similar to those comprising subsec. (a) of this section were contained in act Sept. 23, 1950, ch. 995, title III, § 311, as added Aug. 8, 1953, ch. 400, § 1, 67 Stat. 526 (formerly classified to section 301 of this title), and provisions similar to those comprising subsec. (b) of this section were contained in section 207(b) of act Sept. 23, 1950, ch. 995, title II, 64 Stat. 974, as amended Aug. 8, 1954, ch. 400, § 2(b), 67 Stat. 528 (formerly classified to section 277(b) of this title) prior to the complete amendment and renumbering of act Sept. 23, 1950, by Pub. L. 85-620. AMENDMENTS 1988-Subsec. (a). Pub. L. 100-297, § 2032(a)(1), substituted "Secretary" for "Commissioner" in two places. Subsec. (b). Pub. L. 100-297, § 2032(a)(1), (2), substituted "Secretary" for "Commissioner" and "Secretary's" for "Commissioner's". EFFECTIVE DATE OF 1988 AMENDMENT For effective date and applicability of amendment by Pub. L. 100-297, see section 6303 of Pub. L. 100-297, set out as an Effective Date note under section 2701 of this title. § 642. Administration of chapter (a) Repealed. Pub. L. 91-230, title IV, § 401(f)(3), Apr. 13, 1970, 84 Stat. 173 (b) Regulations and functions necessary to carry out provisions of chapter The Secretary of Education shall administer this chapter, and he may make such regulations and perform such other functions as he finds necessary to carry out the provisions of this chapter. (c) Contents of report to Congress The Secretary shall include in his annual report to the Congress a full report of the administration of his functions under this chapter, including a detailed statement of receipts and disbursements. (Sept. 23, 1950, ch. 995, § 12, as added Aug. 12, 1958, Pub. L. 85-620, title I, § 101, 72 Stat. 554, and amended Apr. 13, 1970, Pub. L. 91-230, title IV, § 401(f)(3), (g)(4), 84 Stat. 173, 174; Apr. 28, 1988, Pub. L. 100-297, title II, § 2032(a)(1), 102 Stat. 301.) PRIOR PROVISIONS Provisions similar to those comprising this section were contained in section 208 of act Sept. 23, 1950, ch. 995, title II, 64 Stat. 975 (formerly classified to section 278 of this title) prior to the complete amendment and renumbering of act Sept. 23, 1950, by Pub. L. 85-620. AMENDMENTS 1988-Subsecs. (b), (c). Pub. L. 100-297 substituted "Secretary" for "Commissioner" wherever appearing. 1970-Subsec. (a). Pub. L. 91-230, § 401(f)(3), repealed subsec. (a) which contained prohibition against Federal control of education (personnel, curriculum, or program of instruction of any school or school system). See section 1232a of this title. Subsec. (d). Pub. L. 91-230, § 401(g)(4), repealed subsec. (d) which contained labor standards requirement (prevailing wage rates). See section 1232b of this title. EFFECTIVE DATE OF 1988 AMENDMENT For effective date and applicability of amendment by Pub. L. 100-297, see section 6303 of Pub. L. 100-297, set out as an Effective Date note under section 2701 of this title. STUDY OF EFFECTIVENESS OF CHAPTER Section 6216 of Pub. L. 100-297 provided that: "(a) GENERAL AUTHORITY.-The Comptroller General shall conduct a thorough study of the need for financial assistance for school construction as authorized by the Act of September 23, 1950 (Public Law 815, 81st Congress) [20 U.S.C. 631 et seq.). The Comptroller General shall prepare and submit a report on the study required by this section not later than 1 year after the date of enactment of this Act [Apr. 28, 1988] together with such recommendations, including recommendations for such legislation, as the Comptroller deems necessary. "(b) CONTENTS OF STUDY.-In carrying out the study required by subsection (a) of this section, the Comptroller General shall examine a representative sample of federally impacted school districts of local educational agencies. The Comptroller General shall "(1) identify the number of children affected in each such school district; "(2) determine the type of school facility needed for such school district; and "(3) determine the estimated cost involved for building or repairing the school facility in each such district. "(c) SPECIAL CONSIDERATION REQUIRED.-In conducting the study required by this section, the Comptroller General shall give special consideration to "(1) the eligibility criteria used for determining which federally impacted school districts are entitled to Federal funds for school construction, "(2) the criteria used for setting the priorities for the approval of such applications, and "(3) the process for reevaluating the needs of previously approved applicants which are on the waiting list for funds covered under Public Law 815, Eighty-first Congress [20 U.S.C. 631 et seq.]." COMPREHENSIVE STUDY Commissioner of Education's report of operation of this chapter and recommendations for legislative enactment to be transmitted to Congress on or before June 30, 1965, see note set out under section 242 of this title. § 643. Federal departments and agencies under this chapter (a) Repealed. Pub. L. 91-230, title IV, § 401(c)(3), Apr. 13, 1970, 84 Stat. 173 (b) Information to Secretary All Federal departments or agencies administering Federal property on which children reside, and all such departments or agencies principally responsible for Federal activities which may give rise to a need for the construction of school facilities, shall to the maximum extent practicable, comply with requests of the Secretary for information he may require in carrying out the purposes of this chapter. (c) Transfer and availability of appropriations No appropriation to any department or agency of the United States, other than an appropriation to carry out this chapter, shall be available for the same purpose as this chapter; except that nothing in this subsection shall affect the availability of appropriations authorized, prior to September 23, 1950, for the construction of school facilities to be attended by Indian children or appropriations (1) for the construction of school facilities on Federal property under the control of the Atomic Energy Commission, (2) for the construction of school facilities which are to be federally operated for Indian children, or (3) for the construction of school facilities under the Alaska Public Works Act, approved August 24, 1949. (Sept. 23, 1950, ch. 995, § 13, as added Aug. 12, 1958, Pub. L. 85-620, title I, § 101, 72 Stat. 554, and amended Apr. 13, 1970, Pub. L. 91-230, title IV, § 401(c)(3), 84 Stat. 173; Apr. 28, 1988, Pub. L. 100-297, title II, § 2032(a)(1), 102 Stat. 301.) REFERENCES IN TEXT The Alaska Public Works Act, approved August 24, 1949, referred to in subsec. (c), is act Aug. 24, 1949, ch. 504, 63 Stat. 627, as amended, formerly classified to sections 486 to 486j of Title 48, Territories and Insular Possessions. Sections 486 to 486j were omitted from the Code by virtue of section 12 of such Act, formerly classified to section 486j of Title 48, terminating the authority of the Secretary under the Alaska Public Works Act on June 30, 1959. PRIOR PROVISIONS Provisions similar to those which comprised subsec. (a) of this section were contained in sections 105(a) and 209(a) of act Sept. 23, 1950, ch. 995, titles I, and II, 64 Stat. 969, 975, as amended Aug. 8, 1953, ch. 400, § 2(c), (m), 67 Stat. 528, 529 (formerly classified to sections 255(a) and 279(a) of this title), and provisions similar to those comprising subsecs. (b) and (c) of this section were contained in section 209(b), (e) of act Sept. 23, 1950, ch. 995, title II, 64 Stat. 975, as amended Aug. 8, 1953, ch. 400, § 2(d), (f), 67 Stat. 528; Aug. 31, 1954, ch. 1149, § 7, 68 Stat. 1005; Aug. 3, 1956, ch. 915, title I, § 101, 70 Stat. 968; Sept. 2, 1957, Pub. L. 85-267, § 1, 71 Stat. 593 (formerly classified to section 279(b), (e) of this title) prior to the complete amendment and renumbering of act Sept. 23, 1950, by Pub. L. 85-620. AMENDMENTS 1988-Subsec. (b). Pub. L. 100-297 substituted "Secretary" for "Commissioner". 1970 Subsec. (a). Pub. L. 91-230 repealed subsec. (a) which provided for delegation of functions by Commissioner, utilization of services and facilities of other agencies, and payment for services in advance or by way of reimbursement, now superseded by section 1231 of this title, and provisions for exercise of such authority without duplicating existing available staffs and facilities without relieving Commissioner of his responsibility for any delegation of functions. See section 1231 of this title. EFFECTIVE DATE OF 1988 AMENDMENT For effective date and applicability of amendment by Pub. L. 100-297, see section 6303 of Pub. L. 100-297, set out as an Effective Date note under section 2701 of this title. TRANSFER OF FUNCTIONS The Atomic Energy Commission was abolished and all functions were transferred to the Administrator of the Energy Research and Development Administration (unless otherwise specifically provided) by section 5814 of Title 42, The Public Health and Welfare. The Energy Research and Development Administration was terminated and functions vested by law in the Administrator thereof were transferred to the Secretary of Energy (unless otherwise specifically provided) by sections 7151(a) and 7293 of Title 42. § 644. Assistance in other federally-affected areas . (a) Eligibility requirements due to impairment in financing abilities created by immunity from taxation of Indian lands If the Secretary determines with respect to any local educational agency that (1) 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 reside on Indian lands, 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 that the total number of such children represents a substantial percentage of the total number of children for whom such agency provides free public education, or that such Indian lands constitute a substantial part of the school district of such local educational agency, or that the total number of such children who reside on Indian lands located outside the school district of such agency equals or exceeds 100; (2) the immunity of such Indian lands to taxation by such agency has created a substantial and continuing impairment of its ability to finance needed school facilities; (3) such agency is making a reasonable tax effort and is exercising due diligence in availing itself of State and other financial assistance available for the purpose; and (4) 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 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 Secretary may consider to be in the public interest; but such additional 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 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 this second sentence of section 645(1) of this title. (b) Alternative eligibility requirements due to impairment in financing abilities created by immunity from taxation of Indian lands If the Secretary determines with respect to any local educational agency that (1) 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 reside on Indian lands, 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 that the total number of such children represents a sub stantial percentage of the total number of children for whom such agency provides free public education, or that such Indian lands constitute a substantial part of the school district of such local educational agency, or that the total number of such children who reside on Indian lands located outside the school district of such agency equals or exceeds one hundred; and (2) the immunity of such Indian lands to taxation by such agency has created a substantial and continuing impairment of its ability to finance needed school facilities; he may, upon such terms and in such amounts (subject to the provisions of this section) as the Secretary may consider to be in the public interest, provide the additional assistance necessary to enable such agency to provide the minimum school facilities required for free public education of children in the membership of the schools of such agency who reside on Indian lands; but such additional assistance may not exceed the portion of the cost of constructing 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 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, 1 So in original. Probably should be followed by a closing parenthesis. |