Construction

From 40 percent of the amount appropriated for each fiscal year under section 7714(d) of this title, the Secretary shall make payments in accordance with this subsection to each local educational agency that receives a basic support payment under section 7703(b) of this title for that fiscal year. A local educational agency that receives a basic support payment under section 7703(b)(1) of this title shall also meet at least one of the following requirements: The amount of a payment to each local educational agency described in this subsection that is impacted by military dependent children for a fiscal year shall be equal to— The amount of a payment to each local educational agency described in this subsection that is impacted by children who reside on Indian lands for a fiscal year shall be equal to— Any local educational agency that receives funds under this subsection shall use such funds for construction, as defined in section 7713(3) of this title. From 60 percent of the amount appropriated for each fiscal year under section 7714(d) of this title, the Secretary— In approving applications from local educational agencies for emergency grants and modernization grants under this subsection, the Secretary shall give priority to applications in accordance with the following: A local educational agency is eligible to receive an emergency grant under paragraph (2)(A) if— the agency (or in the case of a local educational agency that does not have the authority to tax or issue bonds, the agency’s fiscal agent)— A local educational agency is eligible to receive a modernization grant under paragraph (2)(C) if— A local educational agency is eligible to receive an emergency grant or a modernization grant under subparagraph (B) or (D) of paragraph (2), respectively, if the agency meets the following requirements: The agency receives a basic support payment under section 7703(b) of this title for the fiscal year and the agency meets at least one of the following requirements: Any school described in clause (ii) that desires to receive an emergency grant or a modernization grant under subparagraph (B) or (D) of paragraph (2), respectively, shall, except as provided in the following sentence, submit an application in accordance with paragraph (6), and shall otherwise be treated as a local educational agency for the purpose of this subsection. The school shall submit an application for the grant to the local educational agency of such school and the agency shall submit the application on behalf of the school to the Secretary. A school described in this clause is a school that meets the following requirements: The school meets at least one of the following requirements: For purposes of subparagraph (A)(i), a local educational agency— In awarding emergency grants and modernization grants under this subsection, the Secretary shall consider the following factors: The ability of the local educational agency to respond to the emergency, or to pay for the modernization project, as the case may be, as measured by— In the case of a modernization grant— the severity of the need for modernization, as measured by such factors as— The amount of funds provided under an emergency grant or a modernization grant awarded under this subsection to a local educational agency that meets the requirements of subclause (II) or (III) of paragraph (3)(A)(i) for purposes of eligibility under subparagraph (A) or (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)— A local educational agency may use in-kind contributions to meet the matching requirement of subclause (I)(aa). A local educational agency may not use funds provided under an emergency grant or modernization grant awarded under this subsection for— 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. 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. All projects carried out with Federal funds provided under this subsection shall comply with all relevant Federal, State, and local environmental laws and regulations. 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). A local educational agency that is awarded an emergency grant under this subsection may not use amounts under the grant for the complete or partial replacement of an existing school facility unless such replacement is less expensive or more cost-effective than correcting the identified emergency. A local educational agency that desires to receive an emergency grant or a modernization grant under this subsection shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Each application shall contain the following: In the case of an application for an emergency grant— In the case of an application for a modernization grant—