Capital Project Law and Legal Definition

Pursuant to 20 USCS § 1066a (5), [Title 20. Education; Chapter 28. Higher Education Resources and Student Assistance; Institutional Aid; Historically Black College And University Capital Financing] the term capital project means, “subject to section 344(b) [20 USCS § 1066c(b)], the repair, renovation, or, in exceptional circumstances, the construction or acquisition, of--

(A) any classroom facility, library, laboratory facility, dormitory (including dining facilities) or other facility customarily used by colleges and universities for instructional or research purposes or for housing students, faculty, and staff;

(B) a facility for the administration of an educational program, or a student center or student union, except that not more than 5 percent of the loan proceeds provided under this part [20 USCS §§ 1066 et seq.] may be used for the facility, center or union if the facility, center or union is owned, leased, managed, or operated by a private business, that, in return for such use, makes a payment to the eligible institution;

(C) instructional equipment, technology, research instrumentation, and any capital equipment or fixture related to facilities described in subparagraph (A);

(D) a maintenance, storage, or utility facility that is essential to the operation of a facility, a library, a dormitory, equipment, instrumentation, a fixture, real property or an interest therein, described in this paragraph;

(E) a facility designed to provide primarily outpatient health care for students or faculty;

(F) physical infrastructure essential to support the projects authorized under this paragraph, including roads, sewer and drainage systems, and water, power, lighting, telecommunications, and other utilities;

(G) any other facility, equipment or fixture which is essential to the maintaining of accreditation of the member institution by an accrediting agency or association recognized by the Secretary under subpart 2 of part H of title IV [20 USCS § 1099b]; and

(H) any real property or interest therein underlying facilities described in subparagraph (A) or (G).”