Page:United States Statutes at Large Volume 98 Part 2.djvu/129

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-377—AUG. 11, 1984

98 STAT. 1289

(C) the means of abating the threat posed by asbestos and asbestos containing materials; (2) the distribution of the information described in paragraph (1) (in any appropriate form such as pamphlets, reports, or instructions) to State and local agencies and to other institutions for the purpose of carrying out activities described in this title; (3) the development within forty-five days of enactment of this title of an interim or final application form, which shall be distributed promptly to local educational agencies; and (4) the review of applications for financial assistance, and the approval or disapproval of such applications, in accordance with the provisions of section 505.

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STATE PLANS

SEC. 504. (a) Not later than three months after the date of 20 USC 4013. enactment of this title, the Governor of each State shall submit to the Administrator a plan which describes the procedures to be used by the State for maintaining records on— (1) the presence of asbestos materials in school buildings of local educational agencies; (2) the asbestos detection and abatement activities conducted by local educational agencies (including activities relating to the replacement of the asbestos materials removed from school buildings with other appropriate building materials); (3) repairs made to restore school buildings to conditions comparable to those which existed before the abatement activities referred to in subparagraph (B) were undertaken. (b)(1) Not later than six months after the date of enactment of this title, and annually thereafter, the Governor of each State shall: (A) submit to the Administrator and the Secretary of the Department of Education a priority list of all schools under the authority of a local educational agency within the State, withi,a^ out regard to the public or private nature of the school involved,

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that are candidates for abatement; (B) forward to the Administrator and the Secretary of the Department of Education for each candidate for abatement all applications for financial assistance prepared by the local educational agencies in accordance with the provisions of section 503(b)(3) and section 505; and (C) forward to the Secretary of the Department of Education a copy of all information submitted to the Administrator in accordance with subsection (b)(3). (2) The priority list shall rank the potential candidates for abatement action based on the nature and magnitude of the existing and potential exposure presented by the asbestos materials. (3) For each school listed, the Governor shall certify that the statement of need contained in the application for assistance accurately reflects the financial resources available to the local educational agency for the asbestos abatement program. (4) For the purpose of determining the adequacy of the financial resources available to a local educational agency for the abatement of asbestos threats the Governor shall, to the extent practicable, consider the following: (A) A measure of financial need used by the State in which the local educational agency is located.

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