Page:United States Statutes at Large Volume 81.djvu/831

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[81 STAT. 797]
PUBLIC LAW 90-000—MMMM. DD, 1968
[81 STAT. 797]

81

STAT.]

PUBLIC LAW 90*247-JAN. 2, 1968

" (b) The Commissioner is authorized to pay to each State amounts necessary for the activities described in section 303(b), during any fiscal year, except that (1) the total of such payments shall not be in excess of an amount equal to 71^ per centum of its allotment for that fiscal year or, $150,000 ($50,000 in the case of the Commonwealth of Puerto Kico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands), whichever is ^ e a t e r, and (2) in such payment, the amount paid for the administration of the State plan during the fiscal year ending June 30, 1970, shall not exceed an amount equal to 5 per centum of its allotment for that fiscal year or $100,000 ($35,000 in the case of the Commonwealth of Puerto Eico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands), whichever is greater. "(c) The Commissioner shall pay to each applicant which has an application approved pursuant to section 306 the amount necessary to carry out the p r ( ^ a m or project pursuant to such application. " (d) Payments under this section may be made in installments and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments. "(e) No payments shall be made under this title to any local educational agency or to any State unless the Commissioner finds, in the case of a local educational agency, that the combined fiscal effort of that agency and the State with respect to the provision of free public education by that agency for the preceding fiscal year was not less than such combined fiscal effort for that purpose for the second preceding fiscal year or, in the case of a State, that the fiscal effort of that State for State aid (as defined by regulation) with respect to the provision of free public education in that State for the preceding fisc^ year was not less than such fiscal effort for State aid for the second preceding fiscal year. "RECOVERY or PAYMENTS

"SEC. 308. If within twenty years after completion of any construction for which Federal funds have been paid under this title— " (a) the owner of the facility shall cease to be a State or local educational agency, or " (b) the facility shall cease to be used for the educational and related purposes for which it was constructed, unless the Commissioner determines in accordance with regulations that there is good cause for releasing the applicant or other owner from the obligation to do so, the United States shall be entitled to recover from the applicant or other owner of the facility an amount which bears to the then value of the facility (or so much thereof as constituted an approved project or projects) the same ratio as the amount of such Federal funds bore to the cost of the facility financed with the aid of such funds. Such value shall be determined by agreement of the parties or by action brought in the United States district court for the district in which the facility is situated. "NATIONAL ADVISORY COUNCIL

"SEC. 309. (a) The President shall, by January 31, 1968, appoint a National Advisory Council on Supplementary Centers and Services which shall— " (1) review the administration of, general regulations for, and operation of this title, including its effectiveness in meeting the purposes set forth in section 303;

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