Page:United States Statutes at Large Volume 86.djvu/380

 338

80 Stat. 1191; 81 Stat. 787; 84 Stat. 1 2 1. 20 USC 2 4 1 c.

Supra,

79 Stat. 30; 81 Stat. 787; 84 Stat. 126. 20 USC 2 4 1 e.

Effective date.

64 Stat. 1106. 20 USC 240.

PUBLIC LAW 92-318-JUNE 23, 1972

[86

STAT.

first sentence of this subsection is applicable, such reduced amounts shall be increased on the same basis as they were reduced. "(b) I n the case of any fiscal year in which the maximum amounts for which local educational agencies are eligible have been reduced under the first sentence of subsection (a), and in which additional funds have not been made available to pay in full the total of such maximum amounts under the second sentence of such subsection, the Commissioner shall fix dates prior to which each local educational agency shall report to him on the amount of funds available to it, under the terms of section 306(a) and subsection (a) of this section, which it estimates, in accordance with regulations of the Commissioner, that it will expend under approved applications. The amounts so available to any local educational agency, or any amount which would be available to any other local education agency if it were to submit an approvable application therefor, which the Commissioner determines will not be used for the period of its availability, shall be available for allocation to those local educational agencies, in the manner provided in the second sentence of subsection (a), which the Commissioner determines will need additional funds to carry out approved applications, except that no local educational agency shall receive an amount under this sentence which, when added to the amount available to it under subsection (a), exceeds its entitlement under section 303.''. (b)(1) The third sentence of section 103(a)(1)(A) of title I of the Elementary and Secondary Education Act of 1965 is amended to read as follows: "In addition, he shall aljot from such amount to the Secretary of the Interior— " (i) the amount necessary to make payments pursuant to subparagraph (B); and "(ii) in the case of fiscal years ending prior to July 1, 1973, the amount necessary to make payments pursuant to subparagraph (C).". (2)(A) Section 103(a)(1) of such title I is amended by adding at the end thereof the following new subparagraph: " (C) The maximum amount allotted for payments to the Secretary of the Interior under clause (ii) in the third sentence of subparagraph (A) for any fiscal year shall be the amount necessary to meet the special educational needs of educationally deprived Indian children on reservations serviced by elementary and secondary schools operated for Indian children by the Department of the Interior, as determined pursuant to criteria established by the Commissioner. Such payments shall be made pursuant to an agreement between the Commissioner and the Secretary containing such assurances and terms as the Commissioner determines will best achieve the purposes of this part. Such agreement shall contain (1) an assurance that payments made pursuant to this subparagraph will be used solely for programs and projects approved by the Secretary of the Interior which meet the applicable requirements of section 141(a) and that the Department of the Interior will comply in all other respects with the requirements of this title, and (2) provision for carrying out the applicable provisions of sections 141(a) and 142(a)(3).". (B) The fourth sentence of section 103(a)(1)(A) of such title I is amended by striking out "and the terms upon which payment shall be made to the Department of the Interior.". (3) The amendments made by this subsection shall be effective on and after July 1, 1972. (c)(1) Subsection (a) of section 5 of Public Law 874, 81st Congress, as amended, is amended by inserting " (1) " after " (a) " and by inserting at the end thereof the following new paragraph (2):

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