responsible for Federal activities which may occasion assistance under this chapter, shall to the maximum extent practicable comply with requests of the Commissioner for information he may require in carrying out the purposes of this chapter. (c) Such portion of the appropriations of any other department or agency for the fiscal year ending June 30, 1951, as the Director of the Bureau of the Budget determines to be available for the same purposes as this chapter, shall, except to the extent necessary to carry out during such year contracts made prior to September 30, 1950, be transferred to the Commissioner for use by him in carrying out such purposes. (d) No appropriation to any department or agency of the United States, other than an appropriation to carry out this chapter, shall be available during the period beginning July 1, 1951, and ending June 30, 1954, for the same purposes as this chapter, except that nothing in this subsection or in subsection (c) of this section shall affect the availability of appropriations for the maintenance and operation of school facilities on Federal property under the control of the Atomic Energy Commission. (Sept. 30, 1950, ch. 1124, § 8, 64 Stat. 1108.) CROSS REFERENCES Atomic Energy Commission see chapter 14 of Title 42, The Public Health and Welfare. § 244. Definitions. For the purposes of this chapter (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 leased from the Secretary of the Army, Navy, or Air Force under section 1748d of Title 12, for the purpose of subchapter VIII of chapter 13 of Title 12. Such term also includes 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. Such term does not include (A) any real property used by the United States primarily for the provision of services 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, or (C) 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 of the Seventysixth 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 for which the applicable State provides free public education. Such term does not include any child who is a member, or the dependent of a member, of any Indian tribal organization, recognized as such under the laws of the United States relating to Indian affairs, and who is eligible for educational services provided pursuant to a capital grant by the United States, or under the supervision of, or pursuant to a contract or other arrangement with, the Bureau of Indian Affairs. (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 term "current expenditures" means expenditures for free public education to the extent that such expenditures are made from current revenues, except that such term does not include any such expenditure for the acquisition of land, the erection of facilities, interest, or debt service. (6) 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. (7) The term "State educational agency" means the officer or agency primarily responsible for the State supervision of public elementary and secondary schools. (8) The term "State" means a State, Alaska, Hawaii, Puerto Rico, or the Virgin Islands. (9) The terms "Commissioner of Education" and "Commissioner" means the United States Commissioner of Education. (10) Average daily attendance shall be determined in accordance with State law; except that, notwithstanding any other provision of this chapter, 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 chapter the attendance of such child at such school shall be held and considered (A) to be attendance at a school of the local educational agency so making or contracting to make such tuition payment, and (B) not to be attendance at a school of the local educational agency receiving such tuition payment or entitled to receive such tuition payment under the contract. (Sept. 30, 1950, ch. 1124, § 9, 64 Stat. 1108.) REFERENCES IN TEXT Title II of the National Industrial Recovery Act, referred to in the text of subdivision (1), was formerly classified to sections 401-414 of Title 40, Public Buildings, Property, and Works, but terminated on June 30, 1943 by the provision of act June 27, 1943, ch. 450, § 101, 56 Stat. 410. The Emergency Relief Appropriation Act of 1935, referred to in the text of subdivision (1), was the act of Apr. 8, 1935, ch. 48, 49 Stat. 115, and was not classified to the Code. The United States Housing Act of 1937, referred to in the text of subdivision (1), is classified to chapter 8 of Title 42, The Public Health and Welfare. The act of June 28, 1940 (Public Law 671 of the Seventy-sixth Congress), referred to in the text of subdivision (1), is classified to sections 1151-1162 of Appendix to Title 50, War and National Defense. For termination date of those sections, see section 1162 of Appendix to said Title 50, and note set out under section 1151 of Appendix to said title. Chapter 14.-SCHOOL CONSTRUCTION IN AREAS AFFECTED BY FEDERAL ACTIVITIES SUBCHAPTER I-SURVEYS AND STATE PLANS FOR SCHOOL CONSTRUCTION Sec. 251. Appropriation authorized; use of funds. 252. State applications for funds. 253. Allotments and payments to States. 254. Withholding of certification; judicial review. 255. Administration; delegation of functions; expenses. SUBCHAPTER II-SCHOOL CONSTRUCTION IN FEDERALLY-AFFECTED AREAS 271. Declaration of policy. 272. Payments to local educational agencies. (a) Children residing on Federal property with a parent employed on Federal property. (b) Children residing on Federal property or residing with a parent employed on Federal property. (c) Children whose attendance results from activ- (d) Children within two or more classifications. counted. (f) Local agencies with 1939 attendance exceeding 35,000. (g) Deductions for facilities constructed by United States; transfer of facilities to local agency. 273. Payments where effect of Federal activities will be temporary. 274. Children for whom local agencies cannot provide education. 275. Applications; construction projects; reimbursement. 276. Certification and payment of funds. 277. Withholding of certification; judicial review. 278. Administration of chapter; supervision of schools; regulations; reports; prevailing wage provisions. 279. Use of other Federal agencies; transfer and availability of appropriations; additional grants for nonFederal share. 280. Definitions. SUBCHAPTER I-SURVEYS AND STATE PLANS FOR SCHOOL CONSTRUCTION § 251. Appropriation authorized; use of funds. In order to assist the several States to inventory existing school facilities, to survey the need for the construction of additional facilities in relation to the distribution of school population, to develop State plans for school construction programs, and to study the adequacy of State and local resources available to meet school facilities requirements, there is authorized to be appropriated the sum of $3,000,000, to remain available until expended. The sums appropriated pursuant to this section shall be used for making payments to States whose applications for funds for carrying out such purposes have been approved: Provided, That the making of grants under this subchapter shall not in any way commit the Congress to authorize or appropriate funds to undertake the construction of any public works so planned. (Sept. 23, 1950, ch. 995, title I, § 101, 64 Stat. 967.) 24626-53-vol. 2-77 § 252. State applications for funds. The Commissioner of Education shall approve any application for funds for carrying out the purposes of section 251 of this title if such application (1) designates the State educational agency (as defined in paragraph (13) of section 280 of this title) as the sole agency for carrying out such purposes; (2) provides for making an inventory and survey in accordance with section 251 of this title containing information requested by the Commissioner, and for developing a State program in accordance with such section; and (3) provides that the State educational agency will make such reports, in such form, and containing such information as the Commissioner may from time to time reasonably require, and, to assure verification of such reports, give the Commissioner, upon request, access to the records upon which such information is based. (Sept. 23, 1950, ch. 995, title I, § 102, 64 Stat. 968.) § 253. Allotments and payments to States. (a) of the sums appropriated pursuant to section 251 of this title, $150,000 shall be allotted by the Commissioner to the District of Columbia, Alaska, Hawaii, Puerto Rico, and the Virgin Islands according to their respective needs and upon the basis of agreements made with their respective State educational agencies, and the remainder shall be allotted to the other States in the same proportions as their respective school-age populations bear to the total school-age population of such other States; except that no such allotment to any State (other than the District of Columbia, Alaska, Hawaii, Puerto Rico, and the Virgin Islands) shall be less than $10,000. Within its allotment each State shall be entitled to receive an amount equal to 50 per centum of its expenditures in carrying out the purposes of section 251 of this title in accordance with its application. (b) The Commissioner shall from time to time estimate the sum to which each State will be entitled under this section during such ensuing period as he may determine, and shall thereupon certify to the Secretary of the Treasury the amount so estimated, reduced or increased, as the case may be, by any sum by which the Commissioner finds that his estimate for any prior period was greater or less than the amount to which the State was entitled for such period. The Secretary of the Treasury shall thereupon, prior to audit or settlement by the General Accounting Office, pay to the State, at the time or times fixed by the Commissioner, the amount so certified. (Sept. 23, 1950, ch. 995, title I, § 103, 64 Stat. 968.) § 254. Withholding of certification; judicial review. (a) Whenever the Commissioner, after reasonable notice and opportunity for hearing to a State educational agency, finds (1) that such State educational agency is not complying substantially with the provisions of this subchapter or the terms and conditions of its application approved under this subchapter, or (2) that any funds paid to such State educational agency under this subchapter have been diverted from the purposes for which they had been allotted or paid, the Commissioner may forthwith notify the Secretary of the Treasury and such State educational agency that no further certification will be made under this subchapter with respect to such agency until there is no longer any failure to comply or the diversion has been corrected or, if compliance or correction is impossible, until such State educational agency repays or arranges for the repayment of Federal moneys which have been diverted or improperly expendled. (b) The final refusal of the Commissioner to approve any application made under this subchapter, and the Commissioner'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 State is located, in accordance with the provisions of the Administrative Procedure Act. (Sept. 23, 1950, ch. 995, title I, § 104, 64 Stat. 968.) REFERENCES IN TEXT The Administrative Procedure Act referred to in the text of subsection (b) is classified to sections 1001-1011 of Title 5, Executive Departments and Government Officers and Employees. § 255. Administration; delegation of functions; ex penses. (a) The Commissioner is authorized to delegate to any officer or employee of the Office of Education any of his functions under this subchapter except the making of regulations. (b) There are authorized to be appropriated for Federal administrative expenses such sums as may be necessary to carry out the provisions of this subchapter. (Sept. 23, 1950, ch. 995, title I, § 105, 64 Stat. 969.) SUBCHAPTER II-SCHOOL CONSTRUCTION IN FEDERALLY-AFFECTED AREAS § 271. Declaration of policy. In recognition of the impact which certain Federal activities have had on the school construction needs in the areas in which such Federal activities have been or are being carried on, the Congress declares it to be the policy of the United States to bear the cost of constructing school facilities in such areas in the manner and to the extent provided in this subchapter. (Sept. 23, 1950, ch. 995, title II, § 201, 64 Stat. 969.) CROSS REFERENCES Other provisions for Federal aid to local school agencies, see note under sections 231-235 of this title, and see sections 236-244 of this title, and sections 1531-1535 of Title 42, The Public Health and Welfare. § 272. Payments to local educational agencies-(a)· Children residing on Federal property with a parent employed on Federal property. A local educational agency shall be eligible under this subsection for payment with respect to children who reside on Federal property with a parent employed on Federal property, if the estimated number of such children who will be in average daily attendance at the schools of such agency during the current fiscal year (as defined in paragraph (6) of section 280 of this title) is at least fifteen and is at least 5 per centum of the estimated number of all children who will be in average daily attendance at the schools of such agency during the current fiscal year. Each such local educational agency shall be entitled to receive an amount not to exceed such estimated number of children with respect to whom it is eligible for payment under this subsection, multiplied by 95 per centum of the average per pupil cost of constructing complete school facilities in the State in which the school district of such agency is situated. (b) Children residing on Federal property or residing with a parent employed on Federal property. A local educational agency of a State shall be eligible under this subsection for payment with respect to children who reside on Federal property, or who reside with a parent employed on Federal property part or all of which is situated in such State, if the estimated number of such children who will be in average daily attendance at the schools of such agency during the current fiscal year is at least fifteen and is at least 5 per centum of the estimated number of all children who will be in average daily attendance at the schools of such agency during the current fiscal year. Each such local educational agency shall be entitled to receive an amount not to exceed such estimated number of children with respect to whom it is eligible for payment under this subsection, multiplied by 70 per centum of the average per pupil cost of constructing complete school facilities in the State in which the school district of such agency is situated. (c) Children whose attendance results from activities of the United States. A local educational agency shall be eligible under this subsection for payment with respect to children whose attendance results from activities of the United States (carried on either directly or through a contractor) if, in the judgment of the Commissioner of Education (1) the estimated number of such children who will be in average daily attendance at the schools of such agency during the current fiscal year is at least twenty and is at least 10 per centum of the estimated number of all children who will be in average daily attendance at the schools of such agency during the current fiscal year; and (2) the construction of additional school facilities to take care of the children whose attendance results from such activities of the United States has imposed or will impose an undue financial burden on the taxing and borrowing authority of the agency. Each such local educational agency shall be entitled to receive an amount not to exceed such estimated number of children with respect to whom it is eligible for payment under this subsection, multiplied by 45 per centum of the average per pupil cost of constructing complete school facilities in the State in which the school district of such agency is situated. In determining eligibility and maximum amounts of payment under this subsection, the Commissioner (A) shall take into account only activities of the United States carried on after June 30, 1939; and (B) shall not take into account activities of the United States carried on in connection with real property which has been excluded from the definition of Federal property by the last sentence of paragraph (1) of section 280 of this title. (d) Children within two or more classifications. If two or more of the first three subsections of this section apply to a child, the local educational agency shall elect which of such subsections shall apply to such child. (e) Limitations on total number of children counted. Notwithstanding the preceding provisions of this section, the total number of children for whom a local educational agency is entitled to receive payment under this subchapter shall not exceed― (1) except where the determination of the maximum amount is based in whole or in part on entitlement under subsection (c) of this section, the estimated number of all children in average daily attendance at the schools of such agency during the current fiscal year, minus the number of all children in average daily attendance at the schools of such agency during the fiscal year ending June 30, 1939; and (2) where the determination of the maximum amount is based in whole or in part on entitlement under subsection (c) of this section, the estimated number of all children in average daily attendance at the schools of such agency during the current fiscal year, minus 110 per centum of the number of all children in average daily attendance at the schools of such agency during the fiscal year ending June 30, 1939. (f) Local agencies with 1939 attendance exceeding 35,000. Notwithstanding the provisions of the first three subsections of this section, where the average daily attendance at the schools of any local educational agency during the fiscal year ending June 30, 1939, exceeded 35,000— (1) such agency's percentage requirement for eligibility under subsection (a) or (b) of this section shall be 10 per centum instead of 5 per centum, and its percentage requirement for eligibility under subsection (c) of this section shall be 20 per centum instead of 10 per centum; and (2) in determining the maximum amount which such agency is entitled to receive under any such subsection, the agency shall be entitled to receive payment with respect to only so many of the estimated number of children whose attendance serves as the basis for eligibility under such subsection, as exceeds (A) in the case of subsection (a) or (b) of this section, 5 per centum of the estimated number of all children in average daily attendance at the schools of such agency during the current fiscal year, and (B) in the case of subsection (c) of this section, 10 per centum of such estimated number of all children so in average daily attendence. (g) Deductions for facilities constructed by United States; transfer of facilities to local agency. (1) Where (A) under any law other than a law relating to the disposal of surplus property, the United States constructed, or assisted in the construction of, school facilities in the school district of any local educational agency; (B) such construction was completed after June 30, 1939; and (C) either such agency has title to such school facilities, or, in the judgment of the Commissioner of Community Facilities Service, there is reasonable assurance that such agency will have the right to use such facilities for the remainder of the estimated usable life of such facilities, then the Commissioner of Community Facilities Service, in accordance with regulations prescribed by him, shall determine the amount which equals the actual cost to the United States of constructing or assisting in the construction of such school facilities, minus (i) percentage depreciation applied to such cost for the period beginning with the completion of the construction of such facilities and ending on June 30, 1951 (the rate of such depreciation to be based on the estimated usable life of such school facilities for the school purposes of such agency), and (ii) so much of the actual cost to the United States of constructing or assisting in the construction of such facilities as has been recovered by the United States. The Commissioner of Community Facilities Service shall certify to the Commissioner of Education the amount so determined; and the Commissioner of Education shall reduce the maximum amount which such agency is otherwise entitled to receive under this section in accordance with such certification. (2) Where (A) under sections 1521-1575 of Title 42, the United States has prior to September 23, 1950, constructed school facilities in the school district of a local educational agency; and (B) such school facilities are available to such agency on September 23, 1950, the head of the Federal department or agency having custody of such facilities shall forthwith transfer to such local educational agency all right, title, and interest remaining in the United States in and to such facilities and the land being used in connection with the operation of such facilities. (Sept. 23, 1950, ch. 995, title II, § 202, 64 Stat. 969.) § 273. Payments where effect of Federal activities will be temporary. Notwithstanding the provisions of section 272 of this title, whenever the Commissioner determines that part or all of the attendance with respect to which any local educational agency is entitled to receive payment under such section will be of temporary duration only, such agency shall not be entitled to receive such payment with respect to the attendance so determined to be of temporary duration only. Instead, the Commissioner shall make available to such agency such temporary school facilities as may be necessary to take care of such attendance; except that he may, where the local educational agency gives assurance that adequate school facilities will be provided to take care of such attendance, pay (on such terms and conditions as he deems appropriate to carry out the purposes of this subchapter) 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. (Sept. 23, 1950, ch. 995, title II, § 203, 64 Stat. 971.) § 274. Children for whom local agencies cannot provide education. In the case of children who reside on Federal property (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 Commissioner, 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 Commissioner shall make such arrangements for constructing or otherwise providing school facilities as may be necessary for the education of such children. To the maximum extent practicable school facilities provided under this section shall be comparable to the 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 will be necessary for the Commissioner to provide school facilities for children residing on Federal property under this section, no local educational agency shall be entitled to receive payment under section 272 of this title with respect to the attendance of such children. (Sept. 23, 1950, ch. 995, title II, § 204, 64 Stat. 972.) § 275. Applications; construction projects; reimbursement. (a) No local educational agency shall be entitled to payment of any part of the maximum amount established for such agency by the formula contained in section 272 of this title except upon application therefor submitted through the appropriate State educational agency and filed before July 1, 1952, with the Commissioner of Education in accordance with regulations prescribed by him. Any such application may either set forth a project for the construction of school facilities for such agency, in accordance with subsection (b) of this section, or may contain a request for a reimbursement payment, in accordance with subsection (c) of this section. The Commissioner of Education shall take final action with respect to the approval or disapproval of any such application within a reasonable time. (b) (1) Each application by a local educational agency setting forth a project for the construction of school facilities for such agency shall contain or be supported by (A) a description of the project and the site therefor, preliminary drawings of the school facilities to be constructed thereon, and such other information relating to the project as may reasonably be required by the Commissioner; (B) assurance that such agency has or will have title to the site, or the right to construct upon such site school facilities as specified in the application and to maintain such school facilities on such site for a period of not less than twenty years after the completion of the construction; (C) assurance that such agency has legal authority to undertake the construction of the project and to finance any non-Federal share of the cost thereof as proposed, and assurance that adequate funds to defray any such non-Federal share will be available when needed; (D) assurance that such agency will cause work on the project to be commenced within a reasonable time and prosecuted to completion with reasonable diligence; (E) assurance that the rates of pay for laborers and mechanics engaged in the construction will be not less than the prevailing local wage rates for similar work as determined in accordance with sections 276a to 276a-5 of Title 40; (F) assurance that the school facilities of such agency will be available to the children for whose education contributions are provided in this subchapter on the same terms, in accordance with the laws of the State in which the school district of such agency is situated, as they are available to other children in such school district; and (G) assurance that such agency will from time to time prior to the completion of the project submit such reports relating to the project as the Commissioner may reasonably require. (2) The Commissioner shall approve the application if he finds (A) that the proposed Federal share of the cost of the project does not exceed so much of the maximum amount which such agency is entitled to receive under section 272 of this title as has not been expended or obligated for payment of the Federal share of the cost of projects of such agency theretofore approved, (B) that the requirements of paragraph (1) of this subsection have been met, and (C) after consultation with the State and local educational agency, that the project is not inconsistent with over-all State plans for the construction of school facilities. (c) (1) If, and only if, a local educational agency has provided (or, by reason of a project or projects under this subchapter, will provide) adequate school facilities for the school children for whose education contributions are provided in this subchapter. Such agency may file an application containing a request for a reimbursement payment of so much of the maximum amount which such agency is entitled to receive under section 272 of this title as has not been expended or obligated for payment of the Federal share of the cost of the projects of such agency under this subchapter. Any such application shall also contain assurance that the school facilities of |