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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, Senate agrees to, p. 11055, Aug. 3, 1953. Approved,

p. 11110, Aug. 3, 1953. 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, Aug. 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.

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. S. 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).

Congressional Record, vol. 111 (1965):

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 Congress-P.L. 89-313

H. Rept. 587 (Committee on Education and Labor).

S. Rept. 783 (Committee on Labor 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.

FINANCIAL

ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES IN AREAS AFFECTED BY FEDERAL ACTIVITIES AND FOR THE EDUCATION OF CHILDREN OF LOW-INCOME FAMILIES

Enacted on September 30, 1950, as P.L. 874, 81st Congress, 64 Stat. 1100, 20 U.S.C. 231, and amended on July 31, 1953, by P.L. 170, 83d Congress, 67 Stat. 246, on August 8, 1953, by P.L. 248, 83d Congress, 67 Stat. 530, on August 31, 1954, by P.L. 732, 83d Congress, 68 Stat. 1006, on August 1, 1955, by P.L. 204, 84th Congress, 69 Stat. 433, on August 4, 1955, by P.L. 221, 84th Congress, 69 Stat. 485. on August 12, 1955, by P.L. 382, 84th Congress, 69 Stat. 713, on August 1, 1956, by P.L. 896, 84th Congress, 70 Stat. 908, on August 4, 1956, by P.L. 949, 84th Congress, 70 Stat. 968, on August 12, 1958, by P.L. 85-620, 72 Stat. 548, on September 2, 1958, by P.L. 85-900, 72 Stat. 1726, on June 25, 1959, by P.L. 86-70, 73 Stat. 141, on May 6, 1960, by P.L. 86-449, 74 Stat. 86, on July 12, 1960, by P.L. 86-624, 74 Stat. 411, on October 3, 1961, by P.L. 87-344, 75 Stat. 759, on October 16, 1964, by P.L. 88-665, 78 Stat. 1100, and on April 11, 1965, by P.L. 89-10, 79 Stat. 27, on July 21, 1965, by P.L. 89-77, on November 1, 1965, by P.L. 89-313

AN ACT To provide financial assistance for local educational agencies in areas affected by Federal activities, and for other purposes

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

TITLE I-FINANCIAL ASSISTANCE FOR LOCAL EDUCATIONAL AGENCIES IN AREAS AFFECTED BY FEDERAL ACTIVITY

DECLARATION OF POLICY

SECTION 1. In recognition of the responsibility of the United States for the impact which certain Federal activities have on 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.

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56-678 06011

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 expenditures placed on such agency by such acquisition of property, to the extent such agency is not compensated for such burden by other Federal payments with respect to the property so acquired. Such amount shall not exceed the amount which, in the judgment of the Commissioner, such agency would have derived in such year, and would have had available for current expenditures, from the property acquired by the United States (such amount to be determined without regard to any improvements or other changes made in or on such property since such acquisition), minus the amount which in his judgment the local educational agency derived from other Federal payments with respect to the property so acquired and had available in such year for current expenditures.

(b) For the purposes of this section—

(1) The term "other Federal payments" means payments in lieu of taxes, and any other payments, made with respect to Federal property pursuant to any law of the United States other than this title, and property taxes paid with respect to Federal property, whether or not such taxes are paid by the United States, 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.452).

(2) Any real property with respect to which payments are being made under section 13 of the Tennesseee Valley Authority Act of 1933, as amended, shall not be regarded as Federal property.

(c) Where the school district of any local educational agency shall have been formed at any time after 1938 by the consolidation of two

or more former school districts, such agency may elect (at the time it files application under section 5) for any fiscal year to have (1) the eligibility of such local educational agency, and (2) the amount which such agency shall be entitled to receive, determined under this section only with respect to such of the former school districts comprising such consolidated school district as the agency shall designate in such election.

CHILDREN RESIDING ON, OR WHOSE PARENTS ARE EMPLOYED ON, FEDERAL

PROPERTY

Children of Persons Who Reside and Work on Federal Property

SEC. 3. (a) For the purpose of computing the amount to which a local educational agency is entitled under this section for any fiscal year, the Commissioner shall determine the number of children who were in average daily attendance at the schools of such agency, and for whom such agency provided free public education, during such fiscal year, and who, while in attendance at such schools, resided on Federal property and (1) did so with a parent employed on Federal property situated in whole or in part in the same Ŝtate as the school district of such agency or situated within reasonable commuting distance from the school district of such agency, or (2) had a parent who was on active duty in the uniformed services (as defined in section 102 of the Career Compensation Act of 1949).

Children of Persons Who Reside or Work on Federal Property

(b) 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, 1968, the Commissioner shall also determine the number of children (other than children to whom subsection (a) applies) who were in average daily attendance at the schools of a local educational agency, and for whom such agency provided free public education, during such fiscal year and who, while in attendance at such schools, either resided on Federal property, or resided with a parent employed on Federal property situated in whole or in part in the same State as such agency or situated within reasonable commuting distance from the school district of such agency. A child of a parent who commenced residing in or near the school district of such agency while assigned to employment, as a member of the Armed Forces on active duty, on Federal property (situated in whole or in part in the same State as the school district of such agency or within reasonable commuting distance from such school district) and who was subsequently assigned elsewhere on active duty as a member of the Armed Forces, shall continue to be considered as residing with a parent employed on such Federal property for so long as the parent is so assigned elsewhere.

(c) (1) The amount to which a local educational agency is entitled under this section for any fiscal year shall be an amount equal to (A) the local contribution rate (determined under subsection (d)) multiplied by (B) the sum of the number of children determined under

subsection (a) and one half of the number determined under subsection (b).

(2) No local educational agency shall be entitled to receive any payment for a fiscal year with respect to a number of children determined under subsection (a) or subsection (b), as the case may be, unless the number of children who were in average daily attendance during such year and to whom such subsection applies

(A) is ten or more; and

(B) amount to 3 per centum or more of the total number of children who were in average daily attendance during such year and for whom such agency provided free public education, 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, a local educational agency may count as children determined under subsection (b) any number of children determined under subsection (a). Notwithstanding the provisions of clause (B) of this paragraph, the Commissioner may waive the 3 per centum condition of entitlement contained in such clause whenever, in his judgment, exceptional circumstances exist which would make the application of such condition inequitable and would defeat the purposes of this title.

[Par. (3) was repealed by Public Law 89-313.] (4) If

(A) the amount computed under paragraph (1) for a local educational agency for any fiscal year, together with the funds available to such agency from State, local, and other Federal sources (including funds available under section 4 of this title, but excluding funds available under title II) is, in the judgment of the Commissioner, less than the amount necessary to enable such agency to provide a level of education equivalent to that maintained in the school districts of the State which, in the judg ment of the Commissioner, are generally comparable to the school district of such agency;

(B) such agency is, in the judgment of the Commissioner, making a reasonable tax effort and exercising due diligence in availing itself of State and other financial assistance:

(C) not less than 50 per centum of the total number of children who were in average daily attendance at the schools of such agency, and for whom such agency provided free public education, during such fiscal year resided on Federal property; and

(D) the eligibility of such agency under State law for State aid with respect to the free public education of children residing on Federal property, and the amount of such aid, is determined on a basis no less favorable to such agency than the basis used in determining the eligibility of local educational agencies for State

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