applications for grants and conditions for approval

applications for grants and conditions for approval Sec. 304. (a) A grant under this title for a program of supplementary educational services may be made to a local educational agency or agencies, but only if there is satisfactory assurance that in the planning of that program there has been, and in the establishing and carrying out of that program there will be, participation of persons broadly representative of the cultural and educational resources of the area to be served. For the purposes of this section, the term “cultural and educational resources” includes State educational agen-79 Stat. 42cies, institutions of higher education, nonprofit private schools, public and nonprofit private agencies such as libraries, museums, musical and artistic organizations, educational radio and television, and other cultural and educational resources. Such grants may be made only upon application to the Commissioner at such time or times, in such manner, and containing or accompanied by such information as the Commissioner deems necessary. Such applications shall— (1) provide that the activities and services for which assistance under this title is sought will be administered by or under the supervision of the applicant; (2) set forth a program for carrying out the purposes set forth in paragraph (a) or paragraph (b) of section 303 and provide for such methods of administration as are necessary for the proper and efficient, operation of the program; (3) set forth policies and procedures which assure that Federal funds made available under this title for any fiscal year will be so used as to supplement and, to the extent practical, increase the level of funds that would, in the absence of such Federal funds, be made available by the applicant for the purposes described in paragraphs (a) and (b) of section 303, and in no case supplant such funds; (4) in the case of an application for assistance under this title which includes a project for construction of necessary facilities, provide satisfactory assurance (A) that reasonable provision has been made, consistent with the other uses to be made of the facilities, for areas in such facilities which are adaptable for artistic and cultural activities, (B) that upon completion of the construction title to the facilities will be in a State or local educational agency, and (C) that the requirements of section 308 will be complied with on all construction projects assisted under this title; (5) provide for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal fluids paid to the applicant under this title; and (6) provide for making an annual report and such other reports, in such form and containing such information, as the Commissioner may reasonably require to carry out his functions under this title and to determine the extent to which funds provided under this title have been effective in improving the educational opportunities of persons in the area served, and for keeping such records and for affording such access thereto as the Commissioner may find necessary to assure the correctness and verification of such reports. (b) Applications for grants under this title may be approved by the Commissioner only if— (1) the application meets the requirements set forth in subsection (a); (2) the program set forth in the application is consistent with criteria established by the Commissioner for the purpose of applying an equitable distribution of assistance under this title within each State, which criteria shall be developed by him on the basis of a consideration of (A) the size and population of the State, (B) the geographic distribution of the population within the State, (C) the relative need of persons in different, geographic areas and in different population groups within the State for the kinds of services and activities described in paragraph (b) of79 Stat. 43 section 303, and their financial ability to provide those services and activities, and (D) the relative ability of particular local educational agencies within the State to provide those services and activities; (3) in tire case of an application for assistance for a program for carrying out the purposes described in paragraph (b) of section 303, the Commissioner determines (A) that the program will utilize the best available talents and resources and will Substantially increase the educational opportunities in the area to be served by the applicant, and (B) that, to the extent consistent with the number of children enrolled in nonprofit private schools in the area to be served whose educational needs are of the type which the supplementary educational activities and services provided under the program are to meet, provision has been made for participation of such children: and (4) the application has been submitted for review and recommendations to the State educational agency. (c) Amendments of applications shall, except as the Commissioner may otherwise provide by or pursuant to regulations, lie subject to approval in the same manner as original applications.