[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR222.20]



[Page 509-510]

 

                           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 510]]



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)