[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR222.21]

[Page 488-489]
 
                           TITLE 34--EDUCATION
 
              SECONDARY EDUCATION, DEPARTMENT OF EDUCATION
 
PART 222--IMPACT AID PROGRAMS--Table of Contents
 
 Subpart B--Payments for Federal Property Under Section 8002 of the Act
 
Sec. 222.21  What requirements must a local educational agency meet 
concerning Federal acquisition of real property within the local 
educational agency?

    (a) For an LEA with an otherwise approvable application to be 
eligible to receive financial assistance under section 8002, the LEA 
must meet the requirements in subpart A of these regulations and 
Sec. 222.22, and, unless otherwise provided by statute as meeting the 
requirements in section 8002(a)(1)(C), document--
    (1) That the United States owns or has acquired ``eligible Federal 
property'' within the LEA, that has an aggregate assessed value of 10 
percent or more of the assessed value of--
    (i) All real property in that LEA, based upon the assessed values of 
the eligible Federal property and of all real property (including that 
Federal property) on the date or dates of acquisition of the eligible 
Federal property; or
    (ii) All real property in the LEA as assessed in the first year 
preceding or

[[Page 489]]

succeeding acquisition, whichever is greater, only if--
    (A) The assessment of all real property in the LEA is not made at 
the same time or times that the Federal property was so acquired and 
assessed; and
    (B) State law requires an assessment be made of property so 
acquired; or
    (2)(i) That, as demonstrated by written evidence from the United 
States Forest Service satisfactory to the Secretary, the LEA contains 
between 20,000 and 60,000 acres of land that has been acquired by the 
United States Forest Service between 1915 and 1990; and
    (ii) That the LEA serves a county chartered by State law in 1875 or 
1890.
    (b) ``Federal property'' described in section 8002(d) (certain 
transferred property) is considered to be owned by the United States for 
the purpose of paragraph (a) of this section.
    (c) If, during any fiscal year, the United States sells, transfers, 
is otherwise divested of ownership of, or relinquishes an interest in or 
restriction on, eligible Federal property, the Secretary redetermines 
the LEA's eligibility for the following fiscal year, based upon the 
remaining eligible Federal property, in accordance with paragraph (a) of 
this section. This paragraph does not apply to a transfer of real 
property by the United States described in section 8002(d).
    (d) Except as provided under paragraph (a)(2) of this section, the 
Secretary's determinations and redeterminations of eligibility under 
this section are based on the following documents:
    (1) For a new section 8002 applicant or newly acquired eligible 
Federal property, only upon--
    (i) Original records as of the time(s) of Federal acquisition of 
real property, prepared by a legally authorized official, documenting 
the assessed value of that real property; or
    (ii) Facsimiles of those records such as microfilm or other 
reproduced copies.
    (2) For a redetermination of an LEA's eligibility under section 
8002(a)(1), only upon--
    (i) Records described in paragraph (d)(1) of this section; or
    (ii) Department records.
    (e) The Secretary does not base the determination or redetermination 
of an LEA's eligibility under this section upon secondary documentation 
such as estimates, certifications, or appraisals.

(Authority: 20 U.S.C. 7702(a)(1))