[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: 34CFR222.3]

[Page 481-482]
 
                           TITLE 34--EDUCATION
 
              SECONDARY EDUCATION, DEPARTMENT OF EDUCATION
 
PART 222--IMPACT AID PROGRAMS--Table of Contents
 
                           Subpart A--General
 
Sec. 222.3  How does a local educational agency apply for assistance under 
section 8002 or 8003 of the Act?

    An LEA must meet the following application requirements to be 
considered for a payment under section 8002 or 8003:
    (a) Except as provided in paragraphs (b) and (d) of this section, on 
or before January 31 of the fiscal year for which the LEA seeks 
assistance under section 8002, or the fiscal year preceding the fiscal 
year for which the LEA seeks assistance under section 8003, the LEA 
must--
    (1) File with the Secretary a complete and signed application for 
payment under section 8002 or 8003; and

[[Page 482]]

    (2) Certify to the Secretary that it will file, and file, a copy of 
the application referred to in paragraph (a) of this section with its 
SEA.
    (b)(1) If any of the following events that give rise to eligibility 
for payment occur after the filing deadline in paragraph (a)(1) of this 
section, an LEA must file a complete and signed application within the 
time limits required by paragraph (b)(2) of this section:
    (i) The United States Government initiates or reactivates a Federal 
activity, or acquires real property.
    (ii) The United States Congress enacts new legislation.
    (iii) A reorganization of school districts takes place.
    (iv) Property, previously determined by the Secretary not to be 
Federal property, is determined in writing by the Secretary to be 
Federal property.
    (2) Except as provided in paragraph (d) of this section, within 60 
days after the applicable event occurs but not later than September 30 
of the fiscal year for which the LEA seeks assistance under section 
8002, or of the fiscal year preceding the fiscal year for which the LEA 
seeks assistance under section 8003, the LEA must--
    (i) File an application, as permitted by paragraph (b)(1) of this 
section, with the Secretary; and
    (ii) File a copy of that application with its SEA.
    (c)(1) If the SEA wishes to notify the Secretary of any 
inconsistencies or other concerns with an LEA's application, the SEA 
must do so--
    (i) For an application subject to the filing deadlines in paragraph 
(a)(1) of this section, on or before February 15 of the fiscal year for 
which the LEA seeks assistance under section 8002, or of the fiscal year 
preceding the fiscal year for which the LEA seeks assistance under 
section 8003; and
    (ii) On or before fifteen days following the date by which an 
application subject to the filing deadlines in paragraph (b) of this 
section must be filed.
    (2) The Secretary does not process for payment a timely filed 
application until any concerns timely raised by the SEA are resolved. If 
the Secretary does not receive comments or notification from the SEA by 
the applicable deadline set forth in paragraph (c)(1) of this section, 
the Secretary assumes that the data and statements in the application 
are, to the best of the SEA's knowledge, true, complete, and correct.
    (d) If a filing date in this section falls on a Saturday, Sunday, or 
Federal holiday, the deadline for filing is the next succeeding business 
day.

(Approved by the Office of Management and Budget under control number 
1810-0036)

(Authority: 20 U.S.C. 7705)