INDIAN AFFAIRS: LAWS AND TREATIES

Vol. VI, Laws     (Compiled from February 10, 1939 to January 13, 1971)

Washington : Government Printing Office


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PUBLIC LAWS OF THE EIGHTY-FIRST CONGRESS, SECOND SESSION, 1950-1951
Chap. 59 | Chap. 73 | Chap. 77 | Chap. 92 | Chap. 124 | Chap. 196 | Chap. 197 | Chap. 201 | Chap. 248 | Chap. 264 | Chap. 320 | Chap. 405 | Chap. 410 | Chap. 463 | Chap. 560 | Chap. 644 | Chap. 707 | Chap. 732 | Chap. 753 | Chap. 778 | Chap. 780 | Chap. 828 | Chap. 832 | Chap. 834 | Chap. 896 | Chap. 912 | Chap. 947 | Chap. 972 | Chap. 995 | Chap. 1004 | Chap. 1052 | Chap. 1120 | Chap. 1124 | Chap. 1121 | Chap. 1192 | Chap. 1194

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Chapter 995
September 23, 1950 [S. 2317] |  [Public Law 815] 64 Stat. 967

AN ACT
Relating to the construction of school facilities in areas affected by Federal activities, and for other purposes.
Section 101 | 201 | 204 | 209 | 210

Margin Notes
Chap. 995 School facilities in areas affected by Federal activities.
Sec. 101 Post, p. 1051.
Sec. 101 968
Sec. 201 969
Sec. 204 972
Sec. 204 Ante, p. 969.
Sec. 209 975
Sec. 209 Requests of Commissioner for information.
Sec. 209 Appropriations authorized.
Post, p. 1051.
Sec. 209 Ante, p. 969.
Sec. 209 Ante, p. 972.
Sec. 209 976
Sec. 209 Transfer of funds.
Sec. 209 Availability of funds.
Sec. 209 63 Stat. 627.
48 U.S.C., Sup. III, § 486 note.
Sec. 210 63 Stat. 571.
12 U.S.C., Sup. III, §§ 1748-1748g.
Sec. 210 48 Stat. 200; 49 Stat. 115; 50 Stat. 888; 54 Stat. 676.
40 U.S.C., §§ 401-414; Sup. III, § 401 et seq.; 42 U.S.C. §§ 1430,
1501-1505; Sup. III, § 1401 et seq.

Page 519

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I—SURVEYS AND STATE PLANS FOR SCHOOL CONSTRUCTION

AUTHORIZATION OF APPROPRIATION

SEC. 101.

In order to assist the several States to inventory existing school facilities, to survey the need for the construction of additional facilities in relation to the distribution of school population, to develop State plans for school construction programs, and to study the adequacy of State and local resources available to meet school facilities requirements, there is hereby authorized to be appropriated the sum of $3,000,000, to remain available until expended. The sums appropriated pursuant to this section shall be used for making payments to

States whose applications for funds for carrying out such purposes have been approved: Provided, That the making of grants under this title shall not in any way commit the Congress to authorize or appropriate funds to undertake the construction of any public works so planned.

TITLE II—SCHOOL CONSTRUCTION IN FEDERALLY-AFFECTED AREAS

DECLARATION OF POLICY

SEC. 201.

In recognition of the impact which certain Federal

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activities have had on the school construction needs in the areas in which such Federal activities have been or are being carried on, the Congress hereby declares it to be the policy of the United States to bear the cost of constructing school facilities in such areas in the manner and to the extent provided in this title.

CHILDREN FOR WHOM LOCAL AGENCIES ARE UNABLE TO PROVIDE EDUCATION

SEC. 204.

In the case of children who reside on Federal property—

(1) if no tax revenues of the State or any political subdivision thereof may be expended for the free public education of such children; or

(2) if it is the judgment of the Commission, after he has consulted with the appropriate State educational agency, that no local educational agency is able to provide suitable free public education for such children,

the Commissioner shall shall make such arrangements for constructing or otherwise providing school facilities as may be necessary for the education of such children. To the maximum extent practicable school facilities provided under this section shall be comparable to the school facilities provided for children in comparable communities in the State. This section shall not apply (A) to children who reside on Federal property under the control of the Atomic Energy Commission, and (B) to Indian children attending Federally operated Indian schools. Whenever it will be necessary for the Commissioner to provide school facilities for children residing on Federal property under this section, no local educational agency shall be entitled to receive payment under section 202 with respect to the attendance of such children.

USE OF OTHER FEDERAL AGENCIES; TRANSFER AND AVAILABILITY OF APPROPRIATIONS

SEC. 209.

(a) In carrying out his functions under this title, the Commissioner of Education may utilize the facilities and services of any Federal department or agency and may delegate the performance of any of his functions to any officer or employee of any Federal department or agency. The Commissioner of Education shall exercise the authority contained in the preceding sentence whenever such exercise will avoid the creation within the Office of Education of a staff and facilities which duplicate existing available staffs and facilities. Any such utilization or delegation shall be pursuant to proper agreement with the Federal department or agency concerned; and payment to cover the cost thereof shall be made either in advance or by way of reimbursement, as may be provided in such agreement.

(b) All Federal departments or agencies administering Federal property on which children reside, and all such departments or agencies principally responsible for Federal activities which may give rise to a need for the construction of school facilities, shall to the maximum extent practicable comply with requests of the Commissioner for information he may require in carrying out the purposes of this title.

(c) There are hereby authorized- to be appropriated for the fiscal year ending June 30, 1951, and for each of the two succeeding fiscal years, such sums as may be necessary to carry out the provisions of this title, including the administration thereof. Sums so appropriated, other than sums appropriated for administration, shall remain available until expended. Not to exceed 10 per centum of the amount so appropriated for any fiscal year (exclusive of any sums appropriated

Page 521

for administration) may be used by the Commissioner, under regulations prescribed by him, to make grants to local educational agencies eligible for payments under section 202, where (1) the application of such agencies would be approved under section 205 (b) but for the agencies' inability, unless aided by such grants, to finance the non-Federal share of the cost of the projects set forth in their applications, or (2) although the applications of such agencies have been approved, the projects covered by such applications could not, without such grants, be completed, because of flood, fire, or similar emergency affecting either the work on the projects or the agencies' ability to finance the non-Federal share of the cost of the projects. Such grants shall be in addition to the payments otherwise provided under this title, shall be made to those local educational agencies whose need for additional aid is the most urgent and acute, and insofar as practicable shall be made in the same manner and upon the same terms and conditions as such other payments.

(d) Such portion of the appropriations of any other department or agency for the fiscal year ending June 30, 1951, as the Director of the Bureau of the Budget determines to be available for the same purposes as this title, shall, except to the extent necessary to carry out during such year contracts made prior to the enactment of this Act, be transferred to the Commissioner for use by him in carrying out such purposes.

(e) No appropriation to any department or agency of the United States, other than an appropriation to carry out this title, shall be available during the period beginning July 1, 1951, and ending June 30, 1953, for the same purpose as this title; except that nothing in this subsection or in subsection (d) of this section shall affect the availability during such period of appropriations (1) for the construction of school facilities on Federal property under the control of the Atomic Energy Commission, (2) for the construction of school facilities which are to be Federally operated for Indian children, or (3) for the construction of school facilities under the Alaska Public Works Act, approved August 24, 1949.

DEFINITIONS

SEC. 210.

For the purposes of this Act—

(1) The term “Federal property” means real property which is owned by the United States or is leased by the United States, and which is not subject to taxation by any State or any political subdivision of a State or by the District of Columbia. Such term includes real property leased from the Secretary of the Army, Navy, or Air Force under section 805 of the National Housing Act, as amended, for the purpose of title VIII of such Act. Such term also includes real property held in trust by the United States for individual Indians or Indian tribes, and real property held by individual Indians or Indian tribes which is subject to restrictions on alienation imposed by the United States. Such term does not include (A) any real property used by the United States primarily for the provision of services to the local area in which such property is situated, (B) any real property used for a labor supply center, labor home, or labor camp for migratory farm workers, or (C) any low-rent housing project held under title II of the National Industrial Recovery Act, the Emergency Relief Appropriation Act of 1935, the United States Housing Act of 1937, the Act of June 28, 1940 (Public Law 671 of the Seventy-sixth Congress), or any law amendatory of or supplementary to any of such Acts.

Approved, September 23, 1950.


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