Page:United States Statutes at Large Volume 67.djvu/562

 526

PUBLIC LAW 246-AUG. 8, 1963

[67 S T A T.

out the purposes of this title) to such agency for use in constructing school facilities an amount equal to the amount which he estimates would be necessary to make available such temporary facilities. I n no case, however, may the amount so paid exceed the cost, in the school district of such agency, of constructing minimum school facilities for such children. "CHILDREN FOR WHOM LOCAL AGENCIES ARE UNABLE TO PROVIDE EDUCATION

"SEC. 310, In the case of children who, it is estimated, will reside on Federal property on June 30, 1954— " (1) if no tax revenues of the State or any political subdivision thereof may be expended for the free public education of such children; or " (2) if it is the judgment of the Commissioner, after he has consulted with the appropriate State educational agency, that no local educational agency is able to provide suitable free public education for such children, the Commissioner shall make arrangements for constructing or otherwise providing the minimum school facilities necessary for the education of such children. To the maximum extent practicable school facilities provided under this section shall be comparable to minimum school facilities provided for children in comparable communities in Nonappiicabiuty. the State. This section shall not apply (A) to children who reside on Federal property under the control of the Atomic Energy Commission, and (B) to Indian children attending Federally-operated Indian schools. Whenever it will be necessary for the Commissioner to provide school facilities for children residing on Federal property under this section, the membership of such children may not be included in computing under section 305 the maximum on the total of the payments for any local educational agency. "WITHHOLDING OF PAYMENTS

"SEC. 311. Whenever the Commissioner of Education, after reasonable notice and opportunity for hearing to a local educational agency, finds (1) that there is a substantial failure to comply with the drawings and specifications for the project, (2) that any funds paid to a local educational agency under this title have been diverted from the purposes for which paid, or (3) that any assurance given in an application is not being or cannot be carried out, the Commissioner may forthwith notify such agency that no further payment will be made under this title with respect to such agency until there is no longer any failure to comply or the diversion or default has been corrected or, if compliance or correction is impossible, until such agency repays or arranges for the repayment of Federal moneys which have been diverted or improperly expended. " TITLE IV—SCHOOL CONSTRUCTION A S S I S T A N C E OTHER FEDERALLY-AFFECTED AREAS

IN

"SEC. 401. (a) If the Commissioner determines with respect to any local educational agency that— " (1) such agency is providing or, upon completion of the school facilities for which provision is made herein, will provide free public education for children who reside on Federal property, and whose membership in the schools of such agency has not 20 USC 271-280. formcd and will not form the basis for payments under title II or

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