Pub. L. 88-204, tit. I, sec. 105
state commissions and plans
state commissions and plans Sec. 105. (a) Any State desiring to participate in the grant program under this title shall designate for that purpose an existing State agency which is broadly representative of the public and of institutions of higher education (including junior colleges and technical institutes) in the State, or, if no such State agency exists, shall establish such a State agency, and submit to the Commissioner through the agency so designated or established (hereinafter in this title referred to as the “State commission”), a State plan for such participation. The Commissioner shall approve any such plan which— (1) provides that it shall be administered by the State commission; (2) sets forth, consistently with basic criteria prescribed by regulation pursuant to section 107, objective standards and methods (A) for determining the relative priorities of eligible projects for the construction of academic facilities submitted by institutions of higher education within the State, and (B) for determining the Federal share of the development cost of each such project, other than a project for a public community college or public technical institute (unless such plan provides for a uniform Federal share for all such projects); (3) provides that the funds allotted (or reallotted) for any year under section 103 will be a va ilable only for use for the construction of academic facilities for public community colleges and public technical institutes, and that funds allotted (or reallotted) for any year to the State under section 104 will be available only for use for the construction of academic facilities for institutions of higher education other than public community colleges and public technical institutes; (4) provides (A) for assigning priorities solely on the basis of such criteria, standards, and methods to eligible projects submitted to the State commission and deemed by it to be otherwise approvable under the provisions of this title: and (B) for approving and recommending to the Commissioner, in the order of such priority, applications covering such eligible projects, and for certifying to tne Commissioner the Federal share, determined by the State commission under the State plan, of the development cost of the project involved; (5) provides for affording to every applicant, which lias submitted to the State commission a project, an opportunity for a fair hearing before the State commission as to the priority assigned to such project or as to any other determination of the State commission adversely affecting such applicant; and (6) provides (A) for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of 77 Stat. 368and accounting for Federal funds paid to the State commission under this title, and (B) for the making of such reports, in such form and containing such information, as may be reasonably necessary to enable the Commissioner to perform his functions under this title. (b) The Commissioner is authorized to expend not exceeding $3,000,000 during each of the first two fiscal years of the program under this title in such amounts as he may consider necessary for the proper and efficient administration of the State plans approved under this title, including expenses which he determines were necessary for the preparation of such plans.