79 STAT. ]
PUBLIC LAW 89-313-NOV. 1, 1965
1159
Commissioner may consider to be in the public interest; but such additional assistance, plus the amount which he determines to be available from State, local, and other Federal sources (including funds available under other provisions of this Act, and from the proceeds of insurance, may not exceed the cost of construction incident to the restoration or replacement of the school facilities destroyed or damaged as a result of the disaster. In any case deemed appropriate by the Commissioner such assistance may be in the form of a repayable advance subject to such terms and conditions as he considers to be in the public interest. "(b) There are hereby authorized to be appropriated foreach fiscal Appropriation. year such amounts as may be necessary to carry out the provisions of this section. Pending such appropriation, the Commissioner may expend (without regard to subsections (a) and (e) of section 3679 of the Revised Statutes (31 L'.S.C. 665)) from any funds heretofore or hereafter appropriated for expenditure in accordance with other sections of this Act such sums as may be necessary for immediately providing assistance under this section, such appropriations to be reimbursed from the appropriations authorized by this subsection when made. (c) No payment may be made to any local educational agency uSementl'^'^'^^' under subsection (a) except upon application therefor which is submitted through the appropriate State educational agency and is filet] with the Commissioner in accordance with regulations prescribed by him, and which meets the requirements of section 6(b)(1). In deter- ^^ stat^ ^55^1. mining 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. 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 overall 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 Connnissioner to local educational agencies under subsection (a) may be paid in advance or by way of reimbursement and 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 foi' which paid shall be repaid to the Treasury of the United States. "(e) None of the provisions of sections 1 to 10, both inclusive, 20 USC 63i-64o. other than section 6(b)(1), shall apply with respect to this section." SEC. 2. The Act of September 30, 1950 (Public Law 874, Eightyfirst Congress), as amended, is amended by Inserting, innnediately Ante, p. 35. after section 6 of that Act, the following new section: "ASSISTAXC'E FOK C t KRKNT S ( H (H) L E X P K X n r r i K K S AREAS
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"SEC. 7. (a) If the Director of the Office of Emergency Planning determines with respect to any local educational agency that— "(1)(A) such agency is located in whole or in part within an area which, after August 30, 1965. and prior to July 1, 1967, has suffered a major disaster as a result of any fiood, drought, fiiv, iuirricane, earthquake, storm, oi- other catastrophe which, in the determination of the President i)Ui'suaiit to section 2(a) of the Act of September 3(». 1950 (42 V.^.(\ 1855a (a)), is or threatens ^4 Stat. 1109.
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