Page:United States Statutes at Large Volume 86.djvu/335

 86 STAT. ]

PUBLIC LAW 92-318-JUNE 23, 1972

293

" (C) such project has been submitted through, and been approved and recommended by, the appropriate State Commission; " (D) such 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 apportionment of the State; " (E) suchprojecthas, pursuant to the State plan, been assigned a priority that is higher than that assigned to all other projects within the State which are chargeable to the same apportionment, and meet the requirements of this section, and for which Federal funds have not yet been reserved; " (F) the construction to be carried out under the application will be undertaken in a timely and economic manner and will not be of elaborate or extravagant design or materials; " (G) in the case of a student health care facility, no assistance will be provided for such facility under title IV of the Housing Act of 1950; and 64 Stat. 77. " (H) the application contains assurances or is supported by 174^9 noti.'"**' satisfactory assurances— " (i) that title to the site is in accordance with regulations of the Commissioner relating thereto, "(ii) that Federal funds received by the applicant will be solely used for defraying the development cost of the project covered by the application, " (iii) 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 ' '* '**"' "'• "(iv) that the facility will be used as an academic facility for at least the period of the Federal interest therein, as provided in section 781. Post. p. 300. " (b) Amendments to applications submitted under this section shall, except as the Commissioner may otherwise provide by regulations, be subject to approval in the same manner as original applications. " (c)(1) Upon his approval of any application under this section, the Commissioner shall reserve from the applicable allotment available therefor, the amount of such grant, which shall be equal to the Federal share of the development cost of the project covered by the application. The Commissioner shall pay such reserved amount, in advance or by way of reimbursement, and in such installments consistent with construction progress, as he may determine. "(2) Upon approval of an amendment of an application, or revision of the estimated development cost of a project, for which there has been a reservation made under paragraph (1), the Commissioner may adjust the amount so reserved, accordingly. I f an adjustment under the first sentence of this paragraph results in a greater amount being reserved, he may reserve the Federal share of the added cost only from the ajjplicable allotment available at the time of such approval. "ADMINISTRATION or STATE PLANS; JUDICIAL REVIEW

"SEC. 708. (a)(1) The Commissioner shall not finally disapprove any State plan submitted under this part, or any modification thereof, without first affording the State Commission submitting the plan reasonable notice and opportunity for a hearing. "(2) Whenever the Commissioner, after reasonable notice and opportunity for hearing to the State Commission administering a State plan approved under this part, finds—

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