Grants to local educational agencies

(a) In general From the amounts allocated to a State under section 601(a) and contributed by the State under subsection (e)(2), the State shall award grants to local educational agencies— (1) to pay the future costs of repairing concrete school foundations damaged by the presence of pyrrhotite; or (2) to reimburse such agencies for costs incurred by the agencies in making such repairs in the five-year period preceding the date of enactment of this Act. (b) Local educational agency eligibility (1) Eligibility for grants for future repairs To be eligible to receive a grant under subsection (a)(1), a local educational agency shall— (A) with respect to each school for which the agency seeks to use grant funds, demonstrate to the State that— (i) the school is a pyrrhotite-affected school; and (ii) any laboratory tests, core tests, and visual inspections of the school’s foundation used to determine that the school is a pyrrhotite-affected school were conducted— (I) by a professional engineer licensed in the State in which the school is located; and (II) in accordance with applicable State standards or standards approved by any independent, nonprofit, or private entity authorized by the State to oversee construction, testing, or financial relief efforts for damaged building foundations; and (B) provide an assurance that— (i) the local educational agency will use the grant only for the allowable uses described in subsection (f)(1); and (ii) all work funded with the grant will be conducted by a qualified contractor or architect licensed in the State. (2) Eligibility for reimbursement grants To be eligible to receive a grant under subsection (a)(2), a local educational agency shall demonstrate that it met the requirements of paragraph (1) at the time it carried out the project for which the agency seeks reimbursement. (c) Application (1) In general A local educational agency that seeks a grant under this section shall submit to the State an application at such time, in such manner, and containing such information as the State may require, which upon approval by the State under subsection (d)(1)(A), the State shall submit to the Secretary for approval under subsection (d)(1)(B). (2) Contents At minimum, each application shall include— (A) information and documentation sufficient to enable the State to determine if the local educational agency meets the eligibility criteria under subsection (b); (B) in the case of an agency seeking a grant under subsection (a)(1), an estimate of the costs of carrying out the activities described in subsection (f); (C) in the case of an agency seeking a grant under subsection (a)(2)— (i) an itemized explanation of— (I) the costs incurred by the agency in carrying out any activities described subsection (f); and (II) any amounts contributed from other Federal, State, local, or private sources for such activities; and (ii) the amount for which the local educational agency seeks reimbursement; and (D) the percentage of any costs described in subparagraph (B) or (C) that are covered by an insurance policy. (d) Approval and disbursement (1) Approval (A) State The State shall approve the application of each local educational agency for submission to the Secretary that— (i) submits a complete and correct application under subsection (c); and (ii) meets the criteria for eligibility under subsection (b). (B) Secretary Not later than 60 days after receiving an application of a local educational agency submitted by a State under subsection (c)(1), the Secretary shall— (i) approve such application, in a case in which the Secretary determines that such application meets the requirements of subparagraph (A); or (ii) deny such application, in the case of an application that does not meet such requirements. (2) Disbursement (A) Allocation The Secretary shall disburse an allocation to a State not later than 60 days after the date on which the Secretary approves an application under paragraph (1)(B). (B) Grant The State shall disburse grant funds to a local educational agency not later than 60 days after the date on which the State receives an allocation under subparagraph (A). (e) Federal and State share (1) Federal share The Federal share of each grant under this section shall be an amount that is not more than 50 percent of the total cost of the project for which the grant is awarded. (2) State share (A) In general Subject to subparagraph (B), the State share of each grant under this section shall be an amount that is not less than 40 percent of the total cost of the project for which the grant is awarded, which the State shall contribute from non-Federal sources. (B) Special rule for reimbursement grants In the case of a reimbursement grant made to a local educational agency under subsection (a)(2), a State shall be treated as meeting the requirement of subparagraph (A) if the State demonstrates that it contributed, from non-Federal sources, not less than 40 percent of the total cost of the project for which the reimbursement grant is awarded. (f) Uses of funds (1) Allowable uses of funds A local educational agency that receives a grant under this section shall use such grant only for costs associated with— (A) the repair or replacement of the concrete foundation or other affected areas of a pyrrhotite-affected school in the jurisdiction of such agency to the extent necessary— (i) to restore the structural integrity of the school to the safety and health standards established by the professional licensed engineer or architect associated with the project; and (ii) to restore the school to the condition it was in before the school’s foundation was damaged due to the presence of pyrrhotite; and (B) engineering reports, architectural design, core tests, and other activities directly related to the repair or replacement project. (2) Prohibited uses of funds A local educational agency that receives a grant under this section may not use the grant for any costs associated with— (A) work done to outbuildings, sheds, or barns, swimming pools (whether in-ground or above-ground), playgrounds or ballfields, or any ponds or water features; (B) the purchase of items not directly associated with the repair or replacement of the school building or its systems, including items such as desks, chairs, electronics, sports equipment, or other school supplies; or (C) any other activities not described in paragraph (1). (g) Limitation A local educational agency may not, for the same project, receive a grant under both— (1) this section; and (2) title I.