PUBLIC LAW 106-398—APPENDIX 114 STAT. 1654A-385 "(iii) facility needs resulting from actions of the Federal Government. "(E) The age of the school facility to be modernized. " (4) OTHER AWARD PROVISIONS.— "(A) FEDERAL SHARE.— The Federal funds provided under this subsection to a local educational agency described in subparagraph (C) shall not exceed 50 percent of the total cost of the project to be assisted under this subsection. A local educational agency may use in-kind contributions to meet the matching requirement of the preceding sentence. "(B) MAXIMUM GRANT. — ^A local educational agency described in subparagraph (C) may not receive a grant under this subsection in an amount that exceeds $3,000,000 during any 5-year period. "(C) LOCAL EDUCATIONAL AGENCY DESCRIBED. — A local educational agency described in this subparagraph is a local educational agency that has the authority to issue bonds but is at such agency's limit in bonded indebtedness for the purposes of generating funds for capital expenditures. "(5) APPLICATIONS.— ^A local educational agency that desires to receive a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each application shall contain— "(A) documentation certifying such agency's lack of bonding capacity; "(B) a listing of the school facilities to be modernized, including the number and percentage of children determined under section 8003(a)(1) in average daily attendance in each school facility; "(C) a description of the ownership of the property on which the current school facility is located or on which the planned school facility will be located; "(D) a description of any school facility deficiency that poses a health or safety hazard to the occupants of the school facility and a description of how that deficiency will be repaired; "(E) a description of the modernization to be supported with funds provided under this subsection; "(F) a cost estimate of the proposed modernization; and "(G) such other information and assurances as the Secretary may reasonably require. " (6) EMERGENCY GRANTS. — "(A) APPLICATIONS. —Each local educational agency described in paragraph (2)(B)(ii) that desires a grant under this subsection shall include in the application submitted under paragraph (5) a signed statement from an appropriate local official certifying that a health or safety deficiency exists. "(B) PRIORITY.—If the Secretary receives more than one application from local educational agencies described in paragraph (2)(B)(ii) for grants under this subsection for any fiscal year, the Secretary shall give priority to local educational agencies based on the severity of the
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