identified as overtime payments to regular applicant employee or for pay to extra clerical help hired specifically to: (i) Develop and maintain data to substantiate and support disaster repair, replacement and related expenses, or (ii) to maintain adequate and efficient records concerning the use of disaster assistance. Assistance will not be authorized for salaries, wages, and expenses of regularly employed administrative personnel who are engaged, during regularly scheduled school hours, in disaster recovery work or work necessary to develop a determination of the extent of disaster damages or to complete and file disaster applications.

(12) Temporary facilities. (1) Assistance may be authorized to lease or otherwise provide (other than by acquisition of land or erection of facilities) school and cafeteria facilities needed to replace temporarily such facilities which have been made unavailable as a result of a disaster when the applicant assures the Commissioner that existing available school facilities within the district cannot reasonably accommodate pupils left unhoused by the disaster.

(ii) If appropriate private or public structures are available to the applicant, they may be leased for the period of time necessary to restore or replace permanent school facilities. Modifications and improvements necessary to permit such structures to accommodate an educational program should be performed by the owner of the facilities, and the resultant costs may be included in the basic monthly or annual fee for leasing the facilities. Furthermore, any expenses required at the end of the lease period to convert back to noneducational uses should be anticipated and may be included in the leasing fee. In the event that sufficient temporary instructional space may not reasonably be available in existing school facilities or in other public or private structures to accommodate, temporarily, all unhoused pupils, the local education agency may arrange to lease or purchase, whichever cost is the lesser, temporary portable school facilities. Temporary portable facilities may be leased for the period of time that it takes to replace or restore the destroyed facilities, provided that replacement or restoration is pursued with reasonable expediency. It will be the responsibility of the local educational

agency to ascertain that such temporary facilities are used in accordance with State and local building laws and policies which may affect such temporary facilities.

(iii) Funds may be provided to local educational agencies to purchase temporary facilities when purchasing is financially advantageous to the United States. The local educational agency is required to agree to advertise and sell, in accordance with State or local policies and procedures, the temporary facilities after the damaged facilities have been restored or replaced. The proceeds of the sale are to be remitted to the U.S. Office of Education.

(13) Equipment for temporary facilities. If temporary facilities are provided to a local education agency or if permanent facilities are provided pursuant to section 16 of Pub. L. 81-815, assistance may be authorized for that equipment necessary for the operation of temporary facilities. Such equipment may be provided only if prior approval of the Commissioner is obtained. Notification of such approval will be attached to the notice of preapplication review action.

(14) Insurance on relocatable classroom units. The owner or lessor of relocatable classroom units shall be responsible for maintaining fire and extended coverage insurance on such relocatable units at its cost for the full insurable value thereof. The lessor should include such expense within his bid quotation, if necessary. If temporary units are purchased rather than leased, the applicant must maintain fire and extended coverage to replace any temporary units in the event that they are destroyed by fire or other catastrophe. Assistance may be authorized for such insurance. (20 U.S.C. 241-1(a)-(b))

temporary replacements, shall be submitted to the Commissioner after the applicant has made final payment for approved expenditures and has received final insurance adjustments and all other funds, but in no event later than 90 days following the first anniversary date of the disaster, unless the applicant makes written request, showing good cause, for extension of time for submitting such final report and such date is extended in writing by the Commissioner.

(c) Excessive payments. The Commissioner may disallow any portion of the amounts requested which are determined by him not to be necessary for the intended purpose or not to be eligible for benefits under section 7 of the Act. If, after the date for filing a final report, an applicant is found to have received amounts in excess of the amounts to which it is entitled under section 7 of the Act for a given fiscal year, as determined by the Commissioner, an amount equal to the excess may be taken into consideration in determining the amounts to be subsequently certified for payment to the applicant for the current or any subsequent fiscal year. Where no subsequent payments are due, the applicant will be required to remit such excess to the Commissioner.

(20 U.S.C. 241-1(e))

§ 113.12 Inadequacy of Federal funds.

(a) If appropriated funds are inadequate to pay in full the requests contained in all approvable applications filed within the ninety (90) day filing period, the Commissioner will establish an order of priority for the approval of such applications. In determining the order in which such applications will be approved, the Commissioner will consider the relative educational and financial needs of the local educational agencies which have submitted approvable applications.

(b) Priority among approvable applications filed within the 90-day filing period will be determined as follows: A priority will be determined among applications in descending order, by ascertaining the percentage that the total Federal funds for which each applicant is estimated by the Commissioner to be eligible under the Act is of the total current operating costs of that applicant as estimated by the Commissioner, includ

ing the increased costs due to the major disaster.

(20 U.S.C. 241-1(d))
§113.13 Method of payment.

The Commissioner may pay in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments, and in such installments as he may determine, the amounts due to a local educational agency pursuant to the provisions of section 7 of the Act.

(20 U.S.C. 241-1(e), 1232d)

§ 113.14 Prohibition on payment for religious worship or instruction.

Nothing contained in the Act or in this part shall be construed to authorize the use of any payment made thereunder for religious worship or instruction. (20 U.S.C. 241-1(a) (4))

§ 113.18 Applicability of General Provisions Regulations.

(a) Provisions contained in Parts 100 and 100a of the regulations entitled "General Provisions for Office of Education Programs" are applicable to programs conducted under the Act, with the following exceptions:

(1) Sections 100a.26(b) (Criteria for review of applications);

(2) Section 100a.31 (Preapplications); (3) Subpart L, §§ 100a,209-.220 (Property management requirements); and (4) Section 100a.235 (Other program income).

(b) It should be noted that certain of the provisions in such regulations are not, by their own terms, pertinent to activities which may be conducted pursuant to the Act, such as:

(1) Section 100a.19 (Cooperative arrangements);

(2) Section 100a.44 (Application for Federal assistance) (Construction projects);

(3) Section 100a.41 (Preapplication for Federal assistance);

(4) Section 100a.42 (Notice of preapplication review action);

(5) Section 100a.63 (Payment methods for construction projects);

(6) Section 100a.82 (Institutions of higher education);

(7) Section 100a.83 (Nonprofit organizations);

(8) Subpart H, §§ 100a.90-.94 (Matching and Cost Sharing); and

(9) Subpart K, §§ 100a.155-.192 (Construction requirements).

PART 114-ASSISTANCE FOR SCHOOL CONSTRUCTION IN AREAS AFFECTED BY FEDERAL ACTIVITIES

Sec. 114.1

Subpart A-Definitions
Definitions.

Subpart B-Filing Complete Applications and
Determining Priority Indices

114.2 Cutoff dates for filing applications.
114.3 Election where two or more categories
under section 5(a) apply.

114.4 Procedure if funds are inadequate to
make all payments.

114.5 Determination of priority indices and
priority groupings for applications.
114.6 Determination of subpriority indices
for applications.

114.7 Priority and approval conditioned
upon readiness to proceed with
construction.

Subpart C-Policy Determinations in Processing
of Applications

114.11 Membership of nonresident pupils.
114.12 Changes in boundaries, classification
and governing authority of appli-
cants.

114.14 Estimated average daily membership
under section 5(a) (3).

114.15 Determination of undue financial
burden.

114.16 Additional payments under section 8.
114.17 School facilities for children whose
membership is of temporary dura-
tion only.
114.18 Determination of eligibility under
section 14.

Subpart D-Criteria for Waivers Under the Act
114.30 Application for waivers.

114.31 Criteria for waiver under section 5
(e) of minimum number require-
ment of 20 in section 5(c).
114.32 Criteria for waiver under section 5(e)
of percentage requirements for fed-
erally connected and nonfederally
connected membership in section
5(c).

114.33 Criteria for waiver under section 5(e)
for children residing on Federal
property.

114.34 Criteria for waiver under section 5(e)
of limitation on number of fed-
erally connected children eligible
for payment in section 5(1).
114.35 Criteria for waiver of percentage re-
quirement in section 14(a).
114.36 Criteria for waiver of substantial per-
centage requirement in section
14(b).

114.37 Criteria for waiver of substantial per

centage requirement in section
14(c).

Subpart E-Certification of Payments
114.41 Certification of payments.
114.42 Certification of payments, section 14.
114.43 Payments.

Subpart F-General Provisions With Regard to Construction of Minimum School Facilities

Works of art.

under section 9.

(b) "Applicant" means a local educational agency which has filed a complete application for assistance in school construction under the Act and this part. (20 U.S.C. 633-635(a))

(c) "Attendance area" means, in relation to a particular public school, the geographical area in which the children who are normally served by that school reside. An attendance area for elementary school need not necessarily be coterminous with an attendance area for a secondary school. (20 U.S.C. 635 (e), 644)

(d) "Available and usable school facilities" includes:

(1) Existing school facilities. Included are all those facilities for which payments have been made under the Act, and all facilities constructed as school buildings and used continuously for classroom purposes. Excluded are base