[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: 34CFR222.22]



[Page 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.  222.22  How does the Secretary treat compensation from Federal 

activities for purposes of determining eligibility and payments?



    (a) An LEA with an otherwise approvable application is eligible to 

receive assistance under section 8002 for a fiscal year only if the LEA 

meets the requirements in subpart A of these regulations and Sec.  

222.21, and is not substantially compensated, for the loss in revenue 

resulting from Federal ownership of real property by increases in 

revenue accruing to the LEA during the previous fiscal year from Federal 

activities with respect to the eligible Federal property in the LEA.

    (b) The Secretary considers that an LEA is substantially compensated 

by increases in revenue from Federal activities with respect to the 

eligible Federal property if--

    (1) The LEA received new or increased revenue during the preceding 

fiscal year that is generated directly from the eligible Federal 

property or activities in or on that property; and

    (2) The revenue described in paragraph (b)(1) of this section equals 

or exceeds the maximum payment amount under section 8002(b) for the 

fiscal year for which the LEA seeks assistance.

    (c) If an LEA described in paragraph (a) of this section received 

revenue described in paragraph (b)(1) of this section during the 

preceding fiscal year that is less than the maximum payment amount 

calculated under section 8002(b)(2) for the fiscal year for which the 

LEA seeks assistance, the Secretary reduces that maximum payment amount 

by the amount of that revenue received by the LEA.

    (d) For purposes of this section, the amount of revenue that an LEA 

receives during the previous fiscal year from activities conducted on 

Federal property does not include the following:

    (1) Payments received by the agency from the Secretary of Defense to 

support--

    (i) The operation of a domestic dependent elementary or secondary 

school; or

    (ii) The provision of a free public education to dependents of 

members of the Armed Forces residing on or near a military installation.

    (2) Federal payments-in-lieu-of-taxes (PILOTs or PILTs), including 

PILTs for Federal entitlement lands authorized by Public Law 97-258, 31 

U.S.C. 6901-6906.



(Authority: 20 U.S.C. 7702(a)(2) and (b)(1)(A))



[60 FR 50778, Sept. 29, 1995, as amended at 62 FR 35414, July 1, 1997]