Page:United States Statutes at Large Volume 94 Part 2.djvu/195

 PUBLIC LAW 96-374—OCT. 3, 1980

94 STAT. 1473

"PART A—GRANTS FOR THE CONSTRUCTION, RECONSTRUCTION, AND RENOVATION OP UNDERGRADUATE ACADEMIC FACILITIES "STATE PLAN

"SEC. 711. (a) Any State desiring to participate in the grant program authorized by this part shall have an agreement pursuant to section 1203 and submit annually to the Secretary, through the State agency designated in such agreement, a State plan which shall— "(1) provide that the plan shall be administered by the State entity having an agreement under section 1203; "(2) set forth objective standards and methods which are consistent with basic criteria established under section 712, for— "(A) determining the relative priorities of eligible projects submitted by institutions of higher education within the State, and "(B) certifying the Federal share of the cost of each project; "(3) provide for every applicant an opportunity for a hearing before the State agency regarding the priority assigned to such project, or any other decision by the State agency adversely affecting such applicant; and "(4) provide for accounting procedures necessary to assure proper disbursement of Federal funds. "0)) The Secretary shall not disapprove any State plan, or modification thereof, without first affording the State agency reasonable notice and opportunity for a hearing. "(c) Whenever the Secretary finds that the State plan substantially fails to comply with this section, the Secretary shall notify the State that it is ineligible to participate in the program under this part until a determination is made that there is no longer a failure to comply.

20 USC ii32b. Post, p. 1493.

Compliance, f^ii"""^

"BASIC CRITERIA

"SEC. 712. (a) The Secretary shall, by regulation, prescribe basic 20 USC il32b-i. criteria for the consideration of State plans which ensure— "(1) flexibility for States to accommodate the varied needs of institutions in the States; "(2) consideration of the degree to which applicant institutions are effectively using existing facilities; and "(3) that the Federal share shall not exceed 50 percent of the development costs of a project. "(b) Section 553 of title 5, United States Code, shall apply to the prescription of regulations under this section. "ALLOTMENT OF FUNDS

"SEC. 713. (a) From the sums appropriated pursuant to section 702 20 USC ii32b-2. to carry out the purposes of this part, not less than 24 per centum shall be allotted to States under subsection (b) for public community colleges and public technical institutes. The remainder of such sums shall be allotted States under subsection (c) for all other institutions of higher education. "(b)(1) For the purpose of making grants to public community colleges and public technical institutes, the Secretary shall allot to each State an amount which bears the same ratio to the amount available for allotment under this subsection as the product of—

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