modifying provisions relating to school construction assistance in other federally affected areas

modifying provisions relating to school construction assistance in other federally affected areas Sec. 203. (a) Subsection (a) of section 14 of the Act of September 23, 1950 (Public Law 815, Eighty-first Congress) is amended in the following respects: (1) Paragraph (1) is amended by striking out “Federal property” and inserting in lieu thereof “Indian lands”, and by inserting “, or that such Indian lands constitute a substantial part of the school district of such local educational agency,” immediately after “such agency provides free public education”. (2) Paragraph (2) is amended by striking out “Federal property” and inserting in lieu thereof “Indian lands”. (3) Paragraph (4) is amended by striking out “in its school district” and inserting in lieu thereof “of a substantial percentage of the children in the membership of its schools”. (4) Such subsection (a) is further amended by— (A) striking out “is attributable to children who reside on Federal property, and which” in the portion of the first sentence of subsection (a) which follows paragraph (4); (B) striking out “in the case of any application for additional assistance on account of children who reside on Indian lands” in the second sentence of such subsection (a); (C) striking out “subsection (c)” and inserting in lieu thereof “subsection (d)” in the third sentence of such subsection (a); and (D) striking out “third” and inserting in lieu thereof “second” in the last sentence of such section (a). (b) Section 14 of such Act, as amended by this section, is further amended by redesignating subsections (b), (c), (d), and (e) as subsections (c), (d), (e), and (f), respectively, and by inserting immediately after subsection (a) the following new subsection (b): “(b) If the Commissioner determines with respect to any local educational agency that— “(1) such agency is providing or, upon completion of the school facilities for which provision is made herein, will provide free public education for children who reside on Indian lands, and whose membership in the schools of such agency has not formed and will not form the basis for payments under other provisions of this Act, and that the total number of such children represents a substantial percentage of the total number of children for whom such agency provides free public education, or that such Indian lands constitute a substantial part of the school district of such local educational agency, or that the total number of such children who reside on Indian lands located out-81 Stat. 808side the school district of such agency equals or exceeds one hundred; and “(2) the immunity of such Indian lands to taxation by such agency has created a substantial and continuing impairment of its ability to finance needed school facilities; he may, upon such terms and in such amounts (subject to the provisions of this section) as the Commissioner may consider to be in the public interest, provide the additional assistance necessary to enable such agency to provide the minimum school facilities required for free public education of children in the membership of the schools of such agency who reside on Indian lands; but such additional assistance may not exceed the portion of the cost of constructing such facilities which the Commissioner estimates has not been, and is not to be, recovered by the local educational agency from other sources, including payments by the United States under any other provisions of this Act or any other law. Notwithstanding the provisions of this subsection, the Commissioner may waive the percentage requirement in paragraph (1) whenever, in his judgment, exceptional circumstances exist which make such action necessary to avoid inequity and avoid defeating the purposes of this section. Assistance may be furnished under this subsection without regard to paragraph (2)(but subject to the other provisions of this subsection and subsection (d) to any local educational agency which provides free public education for children who reside on Indian lands located outside its school district. For purposes of this subsection ‘Indian lands’ means Indian reservations or other real property referred to in the second sentence of section 15(1).” (c) Subsection (d) of section 14 of such Act, as redesignated by subsection (b) of this section, is amended by inserting “or (b)” immediately after “subsection (a)” each time it occurs in such subsection. (d) Subsection (e) of section 14 of such Act, as redesignated by subsection (b) of this section, is amended by inserting “or (b)” immediately after “subsection (a)”.