Page:United States Statutes at Large Volume 102 Part 1.djvu/305

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-297—APR. 28, 1988

102 STAT. 267

"(d) USE OF FUNDS W H E N NOT FULLY NEEDED FOR EDUCATIONAL

PARTNERSHIPS.—(1) Whenever the Secretary determines that the full amount of the sums made available under subsection (b) in each category for educational partnerships will not be required for applications of educational partnerships, the Secretary shall make the amount not so required available to local educational agencies in the same category in which the funds are made available. "(2) In order to transfer funds under this subsection, the Secretary shall use a peer review process to determine that such excess funds are not needed to fund educational partnerships and shall prepare a list of the categories in which additional funds are available, and the reasons therefor, and make such list available to local educational agencies upon request. The Secretary may use the peer review process to determine grant recipients of funds transferred in accordance with this subsection. "(e) USE OF FUNDS W H E N NOT FULLY ALLOTTED TO CATEGORIES UNDER SUBSECTION (a).—(1) Whenever the Secretary determines

that the full amount of the sums allotted under any category set forth under subsection (a) will not be required for applications of the local educational agencies in the case of categories (1) through (3), the Secretary shall make the amount not so required available to another category under subsection (a). In carrying out the provisions of this subsection, the Secretary shall assure that the transfer of amounts from one category to another is made to a category in which there is the greatest need for funds. "(2) In order to transfer funds under this subsection, the Secretary shall use a peer review process to determine that such excess funds are not needed to fund projects in particular categories and shall prepare a list of the categories in which funds were not fully expended and the reasons therefor, and make such list available to local educational agencies and educational partnerships, upon request. The Secretary may use the peer review process to determine grant recipients of funds transferred in accordance with this subsection. "(f) FEDERAL SHARE.—(1) The Federal share of a grsint under this part may not exceed— "(A) 90 percent of the total cost of a project for the first year for which the project receives assistance under this part, and "(B) 75 percent of such cost for the second such year. "(2) The remaining cost of a project that receives assistance under this part may be paid from any source other than funds made available under this part, except that not more than 10 percent of the remaining cost in any fiscal year may be provided from Federal sources other than this part. "(3) The share of payments from sources other than funds made available under this part may be in cash or in kind fairly evaluated, including plant, equipment or services. "SEC. 6005. APPLICATION.

20 USC 3245.

"(a) IN GENERAL.—(1) A grant under this part may be made only to a local educational agency or an educational partnership which submits an application to the Secretary containing such information as may be required by the Secretary by regulation. "(2) Applications shall be for a 1-year period. "(b) CONTENTS OF APPLICATION.—Each such application shall— "(1) provide documentation of—

Grants,