Page:United States Statutes at Large Volume 100 Part 2.djvu/420

 100 STAT. 1522

PUBLIC LAW 99-498—OCT. 17, 1986 "PART A—GRANTS FOR THE CONSTRUCTION, RECONSTRUCTION, AND RENOVATION OF UNDERGRADUATE ACADEMIC FACILITIES "STATE PLAN

20 USC 1132b.

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711. (a) SUBMISSION AND CONTENTS OF PLAN.—Any State desiring to participate in the grant program authorized by this part shall have an agreement pursuant to section 1203 and submit annually to the Secretary, through the State agency designated in such agreement, a State plan which shall— "(1) provide that the plan shall be administered by the State entity having an agreement under section 1203; "(2) set forth objective standards and methods which are consistent with basic criteria established under section 712, for— "(A) determining the relative priorities of eligible projects submitted by institutions of higher education within the State, and "(B) certifying the Federal share of the cost of each project; "(3) provide for every applicant an opportunity for a hearing before the State agency regarding the priority assigned to such ,, project, or any other decision by the State agency adversely ' affecting such applicant; and "(4) provide for accounting procedures necessary to assure proper disbursement of Federal funds. "SEC.

"(b) HEARING REQUIRED BEFORE DISAPPROVAL.—The Secretary

shall not disapprove any State plan, or modification thereof, without first affording the State agency reasonable notice and opportunity for a hearing. "(c) SUSPENSION FOR NONCOMPUANCE.—Whenever the Secretary

finds that the State plan substantially fails to comply with this section, the Secretary shall notify the State that it is ineligible to participate in the program under this part until a determination is made that there is no longer a failure to comply. BASIC CRITERIA State and local governments. Regulations. 20 USC 1132b-l.

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"SEC. 712. (a) SECRETARY To PRESCRIBE CRITERIA.—The Secretary

shall, by regulation, prescribe basic criteria for the consideration of State plans which ensure— "(1) flexibility for States to accommodate the varied needs of institutions in the States; "(2) consideration of the degree to which applicant institutions are effectively using existing facilities; and "(3) that the Federal share shall not exceed 50 percent of the development costs of a project. "(b) RULEMAKING PROCEDURES REQUIRED.—Section 553 of title 5, United States Code, shall apply to the prescription of regulations under this section. "ALLOTMENT OF FUNDS

State and local governments. Grants. 20 USC 1132b-2.

"SEC. 713. (a) USE FOR PUBLIC COMMUNITY COLLEGES AND TECHNICAL INSTITUTES; OTHERS.—From the sums appropriated pursuant

to section 702 to carry out the purposes of this part, not less than 24 percent shall be allotted to States under subsection (b) for public community colleges and public technical institutes. The remainder

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