Page:United States Statutes at Large Volume 86.djvu/333

 86 STAT. ]

PUBLIC LAW 92-318-JUNE 23, 1972

291

such manner, and containing such information as may be necessary to enable the Commissioner to carry out his functions under this part and shall— "(1) provide that it shall be administered by the State Commission; "(2) set forth objective standards and methods which are consistent with basic criteria prescribed by regulations pursuant to section 706, for— " (A) determining the relative priorities of eligible projects submitted by institutions of higher education within the State for the construction of academic facilities, and " (B) determining the Federal share of the development cost of each such project; "(3) provide that the funds apportioned for any fiscal year under section 702 or 703 shall be used only for the purposes set forth therein; "(4) provide for— " (A) assigning priorities solely on the basis of such criteria, standards, and methods to eligible projects submitted to the State Commission and found by it otherwise approvable under the provisions of this part, and " (B) approving and recommending to the Commissioner, in the order of such priority, applications covering such eligible projects, and for certifying to the Commissioner the Federal share of the development cost of the project involved; "(5) provide for affording to every applicant which has submitted a project to the State Commission an opportunity for a fair hearing before the State Commission as to the priority assigned to such project, or as to any other determination of the State Commission adversely affecting such applicant; and "(6) provide for— " (A) such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of, and accounting for. Federal funds paid to the State Commission under this part, and " (B) making such reports, in such form and containing such information, as may be reasonably necessary to enable the Commissioner to perform his functions under this part. "(b) The Commissioner shall approve any State plan submitted under this section if lie determines that it complies with the provisions of thissection and other appropriate provisions of this title. "ELIGIBILITY FOK GRANTS

"SEC. 705. (a) Except as is provided in subsection (b), an institution of higher education shall be eligible for a grant under this part only if the State Commission determines, in accordance with criteria prescribed by regulation, that the construction project for which assistance is sought will, either alone or together with other constniction to be undertaken within a reasonable time, result in— " (1) a substantial expansion of, or " (2) in the case of a new institution, the creation of, urgently needed (A) enrollment capacity, (B) the capacity to provide health care for students and institutional pereonnel, or (C) capacity to carry out extension and continuing education programs on the campus of such institution. "(b) If the Commissioner determines, in accordance with criteria established by regulation, that the student enrollment capacity of an institution of higher education would decrease if an urgently needed

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