[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: 34CFR222.3]



[Page 503-504]

 

                           TITLE 34--EDUCATION

 

                  CHAPTER II--OFFICE OF ELEMENTARY AND

              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

    (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



[[Page 504]]



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)