Page:United States Statutes at Large Volume 86.djvu/331

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[86 STAT. 289]
PUBLIC LAW 92-000—MMMM. DD, 1972
[86 STAT. 289]

86 STAT. ]

PUBLIC LAW 92-318-JUNE 23, 1972

289

bears to the sum of the corresponding products for all the States. The amount allotted to any State under the preceding sentence for any fiscal year which is less than $50,000 shall be increased to $50,000, the total of increases thereby required being derived by proportionately reducing the amount allotted to each of the remaining States under the preceding sentence, but with such adjustments as may be necessary to prevent the allotment of any such remaining States from being thereby reduced to less than $50,000. ., ^^.,. " (c)(1) From the sums available for any fiscal year for amount allotted to a State under this section shall be available for the payment of the Federal share of the development cost of approved projects for the construction of academic facilities within such State for public community colleges and public technical institutes. "(2) Any portion of a State's allotment under this section for any fiscal year for which applications from an institution qualified to receive grants under this section have not been received prior to January 1 of such fiscal year by the State Commission created or designated pursuant to section 1202 shall, if the State Commission so go's !l^ 10^2^°' requests, be available for payment of the Federal share of the develop- 20 USC 114*2. ment cost of approved projects under section 703. " (d) All amounts allotted under this section for any fiscal year which Reaiiotment. are not reserved as provided in section 701(c) by the close of the fiscal year for which they are allotted shall "be reallotted by the Commissioner, on the basis of such factors as he determines to be equitable and reasonable, among the States which, as determined by the Commissioner, are able to use without delay any amounts so reallotted for the purpose set forth in subsection (c)(1). Amounts reallotted under this subsection shall be available for reservation until the close of the fiscal year next succeeding the fiscal year for which they were originally allotted. "(e) For the purposes of clause (2) of subsection (b), the 'allotment j.^^!"^"""™*"* ratio' for any State shall be 1.00 less the product of (A) 0.50 and (B) the quotient obtained by dividing the income per person for the State by the income per person for all the States (not including Puerto Rico, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, and Guam), except that (i) the allotment ratio shall in no case be less than 0.331/^ or more than 0.66%, (ii) the allotment ratio for Puerto Rico, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, and Guam shall be 0.66%, and (iii) the allotment ratio of any State shall be 0.50 for any fiscal year if the Commissioner finds that the cost of school construction in such State exceeds twice the median of such costs in all the States as determined by him on the basis of statistics and data as the Commissioner shall deem adequate and appropriate. The allotment ratios shall be iiSTtoa:.w promulgated by the Commissioner as soon as possible after June 30, 1972, and annually thereafter, on the basis of the average of the incomes per person of the State and of all the States for the three most recent consecutive calendar years for which satisfactory data are available from the Department of Commerce. "(f) For the purpose of this section, the term 'high school graduate' "High school means a person who has received formal recognition (by diploma, 8»^aduate." certificate, or similar means) from an approved school for successful completion of four years of education beyond the first eight years of school work, or for demonstration of equivalent achievement. For the purposes of this section the number of high school graduates shall be limited to the number who graduated in the most recent school year for which satisfactory data are available from the Department of Health, Education, and Welfare, The interpretation of the definition of 'high school graduate' shall fall within the authority of the Commissioner.