; or (2) land assembly, land banking, and other activities, except that no amounts made available for use under this title may be used to acquire any property by means of the exercise of the power of eminent domain. (e) Funding limitations (1) School buildings No amounts from a grant under this title may be used for construction or rehabilitation of an elementary school or secondary school (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) or an institution of higher education (as such term is defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )), except that such amounts may be used to construct common infrastructure that is shared by such a school or institution and by housing assisted under this title, or community facilities authorized under subsection (c)(5), but only if costs are shared on a pro rata basis and the grantee certifies, and the Secretary determines, that such use of funds will not promote or further segregation. (2) Non-housing activities and supportive services For each grant under this title, the grantee shall comply with each of the following requirements: (A) Of the amount of the grant, not more than 25 percent may be used for eligible activities under paragraphs (3) through (9) of subsection (c). (B) Of the amount of the grant, not more than 5 percent may be used for eligible activities under paragraphs (8) and (9) of subsection (c). (3) Consultation With respect to activities assisted pursuant to paragraph (2), the Secretary shall consult with the Secretary of Labor, the Secretary of Health and Human Services, the Secretary of Energy, the Secretary of Transportation, the Secretary of Education, and the Attorney General in identifying funding resources that may be provided to supplement amounts from grants under this title. 306. Submission and selection of transformation plans (a) Transformation plan requirements To be eligible for a grant under this title, an eligible entity shall submit to the