115 STAT. 1954 PUBLIC LAW 107-110-^AN. 8, 2002 (B) of paragraph (3) or that meets the requirements of clause (i) or (ii) of paragraph (3)(C) for purposes of eligibility under such paragraph (3)(C), or to a school that is eligible under paragraph (3)(D)— "(aa) shall not exceed 50 percent of the total cost of the project to be assisted under this subsection; and " (bb) shall not exceed $4,000,000 during any 4-year period. "(II) IN-KIND CONTRIBUTIONS. — A local educational agency may use in-kind contributions to meet the matching requirement of subclause (IXaa). "(ii) PROHIBITIONS ON USE OF FUNDS.—^A local educational agency may not use funds provided under an emergency grant or modernization grant awarded under this subsection for— "(I) a project for a school facility for which the agency does not have full title or other interest; "(II) stadiums or other school facilities that are primarily used for athletic contests, exhibitions, or other events for which admission is charged to the general public; or "(III) the acquisition of real property, "(iii) SUPPLEMENT, NOT SUPPLANT.—^A local educational agency shall use funds provided under an emergency grant or modernization grant awarded under this subsection only to supplement the amount of funds that would, in the absence of the Federal funds provided under the grant, be made available from non-Federal sources to carry out emergency repairs of school facilities or to carry out the modernization of school facilities, as the case may be, and not to supplant such funds. "(iv) MAINTENANCE COSTS.— Nothing in this subsection shall be construed to authorize the payment of maintenance costs in connection with any school facility modernized in whole or in part with Federal funds provided under this subsection. "(v) ENVIRONMENTAL SAFEGUARDS.—All projects carried out with Federal funds provided under this subsection shall comply with all relevant Federal, State, and local environmental laws and regulations. " (vi) CARRY-OVER OF CERTAIN APPLICATIONS.^A local educational agency that applies for an emergency grant or a modernization grant under this subsection for a fiscal year and does not receive the grant for the fiscal year shall have the application for the grant considered for the following fiscal year, subject to the priority requirements of paragraph (2) and the award criteria requirements of paragraph (4). " (B) EMERGENCY GRANTS; PROHIBITION ON USE OF FUNDS. —^A local educational agency that is awarded an emergency grant under this F^^br tion may not use amounts under the grant for u^^ complete or partial replacement of an existing school facility unless such
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