158 20 ^^sc 6^35^
PUBLIC LAW 91-230-APR. 13, 1970
[84 STAT.
(^^ Section 5(d) of such Act is amended by inserting before the period at the end of the first sentence thereof the following: ", except that the number of children counted for the purposes of paragraph (1) or (2) of subsection (a) shall not be reduced by more than one thousand five hundred and that the number of children counted for the purposes of paragraph (3) of subsection (a) shall not be reduced by more than two thousand five hundred". SCHOOL CONSTRUCTION ASSISTANCE W H E R E THE I M M L P N I T Y OF CERTAIN FEDERAL PROPERTY FROM l A X A T I O N CREATES A S U B S T A N T I A L AND CONT I N U I N G I M P A I R M E N T OF THE A B I L I T Y TO F I N A N C E NEEDED SCHOOL FACILITIES
S E C 205. (a) Section 14 of the Act of September 23, 1950 (Public 72 Stat. 555s Law 815, Eighty-fipst Congress), is amended by redesignating sub^^2^) usc*6^44. sections (c), (d), (e), and (f) of such subsection, and all references thereto, as subsections (d), (e), (f), and (g), respectively, and inserting after subsection (d) the following new subsection: "(c) If the Commissioner 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 Act, 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, " (2) that the immunity of such Federal property from taxation by such agency has created a substantial and continuing impairment of such agency's ability to finance needed school facilities, "(3) that such agency is making a reasonable tax effort and is exercising due diligence in availing itself of State and other financial assistance for the purpose, and ^ "(4) that 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 assistance necessary to enable such agency to provide minimum school facilities for children in the membership of the schools of such agency whom the (Commissioner finds to be inadequately housed, upon such terms and conditions, and in such amounts (subject to the applicable provisions of this section) as the Commissioner may consider to be in the public interest. Such assistance may not exceed the portion of the cost of such facilities which the Commissioner 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 Act or any other law. Notwithstanding the provisions of this subsection, the Commissioner may waive the percentage requirement in paragraph (1) whenever, in his judgment, exceptional circumstances exist which make such action necessary to avoid inequity and aAoid defeating the purposes of this subsection." ".fmS'^U
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