84 STAT. ]
PUBLIC LAW 91-230-APR. 13, 1970
157
rion (c) thereof; but he shall exclude any part of -.xny entitlement determined under clause (A) of this paragraph. "(2) If the funds available for allocation under paragraph (1) for any fiscal year exceed the amount necessary to fully satisfy entitlements for which allocations will be made under such paragraph, that excess shall be available for payment of a percentage of that part of the entitlement of each local educational agency determined under clause (A) of paragraph (1). Such percentage shall be equal to the percentage which the amount of such excess is of the total amount to which all such agencies are so entitled. "(3) All funds appropriated for making paynients under this title for any fiscal year shall be allocated in the manner specified in paragraphs (1) and ('•2), unless an Act making appropriations for making payments under this title for any fiscal year specifically makes funds available for payments on the basis of entitlements determined under clause (A) of paragraph (1), apart from other payments under this title, in which case, if the funds so appropriated are not sufficient to pay in full the total amount to which all local educational agencies are so entitled, such funds shall be available for nuiking payments in the manner specified in paragrajih (2) respecting allocations of any excess appropriations. "(4) In case the amovmt allocated to a section under paragraph (1) for a fiscal year exceeds the total to which all local educational agencies are entitled under such section for such year or, in case additional funds become available for making payments under this title, the excess or such additional funds, as the case may be, shall be allocated among sections for which previous allocations are inadequate, on the same basis as is provided in paragraphs (1). (2), and (3) for the initial allocation." MINIMUM E L I G I B I L I T Y R E Q I ' I R E M E X T FOR P I H L I C LAW
815
SEC. 204, (a) The first sentence of section 5(c) of the Act of September 23, 1950 (Public Law 815, Eighty-first Congress), as amended by section 203(a)(3) of this Act, is amended to read as follows: o^"J^' ^:..\^^ Post, p. 254. "(c) A local educational agency shall not be eligible to have any amount included in its maximum by reason of paragraph (1), (2), or (3) of subsection (a) unless the increase in children referred to in such paragraph, prior to the application of the limit^ition in subsection (d) is at least twenty and— " (1) in the case of paragraph (1) or (2), is— " (A) equal to at least 10 per centum of t)u' number of all children who were in the average daily membership of the schools of such agency during the base year, or " (B) at least one thousand five hundred, whichever is the lesser; and " (2) in the case of paragraph (3), is— " (A) equal to at least 10 per centum of the number of all children who were in the average daily membership of the schools of such agency during the base year, or " (B) at least two thousand five hundred, whichever is the lesser: Provided. That no local educational agency shall be regarded as eligible under this paragraph (2) uriless the Commissioner finds that the construction of additional minimum school facilities for the number of children in such increase will impose an undue financial burden on the taxing and borrowiuir authority of such acencv.
47-348 O - 72 - 14 (Pt. 1)
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