[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR222.20]

[Page 507-508]
 
                           TITLE 34--EDUCATION
 
                  CHAPTER II--OFFICE OF ELEMENTARY AND
              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. 222.20  What definitions apply to this subpart?


    In addition to the terms referenced or defined in Sec. 222.2, the 
following definitions apply to this subpart:
    Acquisition or acquired by the United States. (1) The term means--
    (i) The receipt or taking by the United States of ownership in fee 
simple of real property by condemnation, exchange, gift, purchase, 
transfer, or other arrangement;
    (ii) The receipt by the United States of real property as trustee 
for the benefit of individual Indians or Indian tribes; or
    (iii) The imposition by the United States of restrictions on sale, 
transfer, or exchange of real property held by individual Indians or 
Indian tribes.
    (2) The definition of ``acquisition'' in 34 CFR 77.1(c) (Definitions 
that Apply to Department Regulations) of this title does not apply to 
this subpart.

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

    Assessed value. For the purpose of determining eligibility under 
section 8002(a)(1) and Sec. 222.21, the following definition applies:
    (1) The term means the value that is assigned to real property, for 
the purpose of generating local real property tax revenues for current 
expenditures (as defined in section 8013 of the Act), by a State or 
local official who is legally authorized to determine that assessed 
value.
    (2) The term does not include--
    (i) A value assigned to tax-exempt real property;
    (ii) A value assigned to real property for the purpose of generating 
other

[[Page 508]]

types of revenues, such as payments in lieu of taxes (PILOTs);
    (iii) Fair market value, or a percentage of fair market value, of 
real property unless that value was actually used to generate local real 
property tax revenues for current expenditures (as defined in section 
8013); or
    (iv) A value assigned to real property in a condemnation or other 
court proceeding, or a percentage of that value, unless that value was 
actually used to generate local real property tax revenues for current 
expenditures (as defined in section 8013).

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

    Eligible Federal property. (1) The term means ``Federal property'' 
as defined in Sec. 222.2(c) for section 8002, which meets the following 
additional requirements:
    (i) The United States has acquired the Federal property since 1938; 
and
    (ii) The Federal property was not acquired by exchange for other 
Federal property that the United States owned within the school district 
before 1939.
    (2) In addition, for local educational agencies (LEAs) that are 
eligible under Sec. 222.21(a)(2), the term also means land acquired by 
the United States Forest Service between 1915 and 1990.

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