Page:United States Statutes at Large Volume 77.djvu/401

 77 STAT. ]

PUBLIC LAW 88-204-DEC. 16, 1963

I n the case of a project for an institution of higher education other than a public community college or public technical institute, the Federal share shall in no event exceed 33l^ per centum of its development cost; and in the case of a project for a public community college or public technical institute, the Federal share shall be 40 per centum of its development cost. (c) Section 4 of the Administrative Procedure Act shall apply to the prescription of regulations under this section, notwithstanding the provisions of clause (2) thereof. APPLICATIONS FOR GRANTS AND CONDITIONS FOR APPROVAL

SEC. 108. (a) Institutions of higher education which desire to obtain grants under this title shall submit applications therefor at such time or times and in such manner as may be prescribed by the Commissioner, and such applications shall contain such information as may be required by or pursuant to regulation for the purpose of enabling the Commissioner to make the determinations required to be made by him under this title. (b) The Commissioner shall approve an application covering a project for construction of an academic facility and meeting the requirements prescribed pursuant to subsection (a) if— (1) the project is an eligible project as determined under section 106; (2) the project has been approved and recommended by the appropriate State commission; (3) the State commission has certified to the Commissioner, in accordance with the State plan, the Federal share of the development cost of the project, and sufficient funds to pay such Federal share are available from the applicable allotment of the State (including any applicable reallotment to the State); (4) the project has, pursuant to the State plan, been assigned a priority that is higher than that of all other projects within such State (chargeable to the same allotment) which meet all the requirements of this section (other than this clause) and for which Federal funds have not yet been reserved; (5) the Commissioner determines that the construction will be undertaken in an economical manner and will not be of elaborate or extravagant design or materials; and (6) the Commissioner determines that (in addition to the assurance required by section 403 and such assurance as to title to the site as he may deem necessary) the application contains or is supported by satisfactory assurances— (A) that Federal funds received by the applicant will be used solely for defraying the development cost of the project covered by such application, (B) that sufficient funds will be available to meet the nonFederal portion of such cost and to provide for the effective use of the academic facility upon completion, and (C) that the facility will be used as an academic facility during at least the period of the Federal interest therein (as defined in section 404). (c) Amendments of applications shall, except as the Commissioner may otherwise provide by or pursuant to regulation, be subject to approval in the same manner as original applications. 93-025 0-64-26

369

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5 USC 1003.

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