General provisions

(a) Use of funds (1) Authorized activities Grant funds under this Act may be used for one or more of the following: (A) Construction. (B) Renovation. (C) Repair of school facilities. (2) In-kind contributions A local educational agency may use in-kind contributions to meet the non-Federal share requirement under section 8(a)(2). (3) Prohibitions on use of funds A local educational agency may not use a grant awarded under paragraph (1) or (2) of section 4 for— (A) a project for a school facility for which the agency does not have— (i) full title; (ii) a long-term Tribal lease agreement; or (iii) another interest as defined in regulation by the Secretary of Education; and (B) the acquisition of real property. (4) Supplement, not supplant A local educational agency shall use funds awarded under this Act 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 construction, renovation, or repairs of school facilities as described in this Act and not to supplant such funds. (b) Annual report on grant program Not later than September 30 of the first fiscal year that begins after the Secretary of Education first awards grants under this Act and each fiscal year thereafter, the Secretary of Education shall submit to the appropriate congressional committees, and make publicly available, a report on the projects carried out with funds made available under this Act. (c) Carry-Over of certain applications (1) In general A local educational agency that applies for a grant under this Act 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 not to exceed the end of the 4-year period as described in paragraph (4) of section 3(a), subject to the priority requirements of paragraphs (1) and (2) of section 4. (2) Priority listing The Secretary of Education shall— (A) maintain a priority listing of local educational agencies meeting the eligibility requirements found in— (i) paragraph (1) of section 4; and (ii) paragraph (2) of section 4; and (B) update the listing for each of paragraphs (1) and (2) of section (4), including those local educational agencies that applied for the previous fiscal year, but were not funded and for those agencies applying the succeeding fiscal year. (d) Local educational agency defined In this Act, the term local educational agency has the meaning given the term in section 7013 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713).