[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: 34CFR222.21]



[Page 510-511]

 

                           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.  222.21  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 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--



[[Page 511]]



    (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))