292
PUBLIC LAW 92-318-JUNE 23, 1972
[86 STAT.
academic facility is not constructed, the construction of such a facility may be considered, for the purposes of this section, to result in an expansion of the institution's student enrollment capacity. aBASIC CRITERIA FOR DETERMINING PRIORITIES A N D FEDERAL SHARE
Limitation. 80 Stat. 383.
"SEC. 706. (a)(1) The Commissioner shall, by regulation, prescribe basic criteria to which the provisions of State plans, setting forth standards and methods for determining relative priorities of eligible construction projects, and the application of such standards and methods to such projects under such plans, shall be subject. "(2) Such basic criteria shall, at least^— " (A) be such as will best tend to achieve the objectives of this part, while leaving opportunity and flexibility to State Commissions for the development of State plan standards and methods that will best accommodate the varied needs of institutions in the several States; " (B) give special consideration to the expansion of undergraduate enrollment capacity; and " (C) give consideration to the expansion of capacity to provide needed health care to students and institutional personnel. "(3) Subject to paragraph (2), such regulations may establish additional and appropriate basic criteriaj including— " (A) provision for considering the degree to which applicant institutions are effectively utilizing existing facilities; " (B) provision for allowing State plans to group, or to allow grouping, in a reasonable manner, facilities or institutions according to functional or educational type for priority purposes; and " (C) in view of the national objectives of this title, provision for considering the degree to which applicant institutions serve students from two or more States or from outside the United States. "(4) In no event shall such basic criteria permit the readiness of an institution to admit out-of-State students to be considered as a priority adverse to such institution. " (b)(1) The Commissioner shall prescribe, by regulation, the base criteria for determining the Federal share of the development cost of any eligible project under this part within a State, to which criteria the applicable standards and methods set forth in the State plan for such State shall conform. " (2) I n uo case shall such basic criteria permit the Federal share to exceed 50 per centum of the development cost of a project, "(c) Section 653 of title 5, United States Code, shall apply to the prescription of regulations under this section, notwithstanding clause (2) of subsection (a) thereof. "APrLICAlTONS FOR (JRANTS; AMOIN'J' OK (J){.\NJ'S
"SEC. 707. (a)(1) Any institution of higher education which desires to receive a grant under this part shall submit an application therefor at such time or times, in such manner, and containing such information as the Commissioner shall prescribe by regulation. "(2) The Commissioner shall approve an application for a con.«;truction project under this part if he determines that— " (A) it meets the requirements prescribed under paragraph (1); " (B) the project for which assistance is sought is an eligible ]iroject under section 705;
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