 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
      SUBCHAPTER XII--SCHOOL FACILITIES INFRASTRUCTURE IMPROVEMENT
 
Sec. 8510. Requirements


(a) Special rules

                      (1) Maintenance of effort

        An eligible local educational agency may receive a grant under 
    this subchapter for any fiscal year only if the Secretary finds that 
    either the combined fiscal effort per student or the aggregate 
    expenditures of that agency and the State with respect to the 
    provision of free public education by such local educational agency 
    for the preceding fiscal year was not less than 90 percent of such 
    combined fiscal effort or aggregate expenditures for the fiscal year 
    for which the determination is made.

                     (2) Supplement not supplant

        An eligible local educational agency shall use funds received 
    under this subchapter only to supplement the amount of funds that 
    would, in the absence of such Federal funds, be made available from 
    non-Federal sources for the repair, renovation, alteration, and 
    construction of school facilities used for educational purposes, and 
    not to supplant such funds.

(b) General limitations

                          (1) Real property

        No part of any grant funds under this subchapter shall be used 
    for the acquisition of any interest in real property.

                           (2) Maintenance

        Nothing in this subchapter shall be construed to authorize the 
    payment of maintenance costs in connection with any projects 
    constructed in whole or in part with Federal funds provided under 
    this subchapter.

                    (3) Environmental safeguards

        All projects carried out with Federal funds provided under this 
    subchapter shall comply with all relevant Federal, State, and local 
    environmental laws and regulations.

                 (4) Athletic and similar facilities

        No funds received under this subchapter shall be used for 
    stadiums or other facilities that are primarily used for athletic 
    contests or exhibitions or other events for which admission is 
    charged to the general public.

(Pub. L. 89-10, title XII, Sec. 12010, as added Pub. L. 103-382, title 
I, Sec. 101, Oct. 20, 1994, 108 Stat. 3874.)
