this definition, an imputed tax rate that the Secretary determines by

(1) Dividing the total local real property tax revenue available to the general government for current expenditures by the total revenue from all local sources available to the general government for current expenditures; (2) Multiplying the figure obtained in paragraph (1)(ii)(C)(1) of this definition by the revenue received by the LEA for current expenditures from the general government; and

(3) Dividing the figure obtained in paragraph (1)(ii)(C)(2) of this definition by the total current actual assessed value of all real property in the district.

(2) In determining the local real property tax rate for school purposes, the Secretary does not include any portion of a tax or revenue that is restricted to or dedicated for any specific purpose other than elementary or secondary education current expenditures.

(Authority: 20 U.S.C. 237(a), 238(d)(2)(B))

"Parent-pupil survey” means a questionnaire provided by the applicant and which is to be filled out by a parent in order to substantiate residence or employment on Federal property. Such survey must include:

(i) Name of pupil;

(ii) Date of birth; and

(iii) Name of public school, grade, and teacher.

(2) Pupil-residence and parent-employment information, including:

(i) Address on pupil residence (including the name of the Federal facility if such residence is on Federal property); and

(ii) Name (as it appears on employer's payroll record) of parent (mother, father, legal guardian or other person standing in loco parentis) who is employed on Federal property and with whom such pupil resides, unless the parent is a member of the uniformed services on active duty;

(iii) Name and address of Federal property on which the parent is employed unless the parent is a member

of the uniformed services on active duty;

(iv) If the parent is a member of the uniformed services on active duty, the name, the rank, and branch of service of such parent;

(v) If the parent is a civilian employed on a Federal vessel, the name of vessel, hull number, and name of controlling agency must be obtained;

(vi) The signature of the parent supplying the information and the date of such signature must be obtained; and

(vii) The name and address of the employer (unless parent is a member of the uniformed services on active duty).

(3) Only in unusual circumstances may partially completed survey forms or survey forms which are signed by a person other than parent or person standing in loco parentis be accepted on membership survey forms. In such instances the survey form must show why the parent did not sign, and when, how, and from whom the residence and employment information was obtained.

(Authority: 20 U.S.C. 240(a)(1))

"Prorated entitlement" means the amount of financial assistance which an applicant will receive under the adjustment formula prescribed in the Act (including any other pertinent modifications or amendments), if the appropriations for a fiscal year are inadequate to pay all claims under sections 2, 3, 4, or 6 of the Act.

(Authority: 20 U.S.C. 240(c))

"Real property" is defined as follows:

(1) "Real property" means— (i) Land; and

(ii) Improvements (such as buildings and appurtenances thereto, railroad lines, utility lines, pipelines, and other permanent fixtures), except as provided in paragraph (2) of this definition. (2) "Real property" does not include

(i) Improvements that are classified as personal property under State law;

or

(ii) Equipment and movable machinery, such as motor vehicles, movable house trailers, farm machinery, rolling railroad stock, and floating dry docks,

unless that equipment or movable machinery is classified as real property or subject to local real property taxation under State law.

(3) The definition of "real property" in 34 CFR 74.132 (Administration of [ED] grants) does not apply to this part.

(Authority: 20 U.S.C. 237, 244(1))

"Revenues derived from local sources" include the following:

(1) Tax funds derived from real estate;

(i) Such tax funds derived from real estate include:

(a) Locally received funds which are derived from local taxation of real property;

(b) Tax funds which are received on account of Wherry-Spence housing projects (12 U.S.C. 1702, et seq.) located on private property; and

(c) All local real property tax funds which are received from either the county or the State, serving as a collecting agency, and which are turned to the local educational agency for expenditure by that agency;

re

(ii) Such tax funds derived from real estate do not include:

(a) Any payments under this Act or the Johnson-O'Malley Act (25 U.S.C. 452);

(b) Tax payments which are received on account of Wherry-Spence housing projects located on federally owned property; or

(c) Local real property tax funds which are received by the State and distributed to local educational agencies on a per-pupil or formula basis; or (2) Taxes or receipts which are received from the county, and any other local tax or miscellaneous receipts.

(Authority: 20 U.S.C. 238(d)(2); H. Rept. No. 22-87, 81st Cong., 2d Sess., (June 30, 1950), 12-15)

"School year" as used in this part, means the period between July 1 of one year and June 30 of the subsequent year.

"State aid" with respect to free public education means any contribution, no repayment of which is expected, made by a State to or on behalf of a local educational agency within the State for the support of free public el

ementary and secondary education. Such assistance does not include payments by a State to or on behalf of a local educational agency which are made as a result of a "major disaster" as such term is used in section 7 of Pub. L. 81-874.

(Authority: 20 U.S.C. 240(d)(1))

"Uniformed

services" means the Army, Navy, Air Force, Marine Corps, Coast Guard, Environmental Science Services Administration, and Public Health Service.

(Authority: 20 U.S.C. 238(a) and (b), 80 U.S.C. 1121, 82 U.S.C. 1314)

"Working on Federal property" means employed on Federal property, as defined in the Act and the regulations in this part. Such term includes the following:

(1) A person who is employed (whether a regular employee or selfemployed) either part time or full time in lumbering, farming, or grazing operations which are carried out entirely or partly on Federal property if, during such period, he spends a greater part of his working time on the Federal property than on the non-Federal property;

(2) A person who lives on Indian lands which are Federal property, as defined in the Act and these regulations, and who is not regularly employed on non-Federal property; and

(3) A portion, to be determined by the Secretary, of the persons working on commingled Federal and non-Federal properties other than those covered by paragraph (m)(1) of this section.

(Authority: 20 U.S.C. 238(a) and (b), 244(1); H.R. No. 703, 83d Cong., 1st Sess., (July 3, 1953), 26, H.R. 1532, 85th Cong., 2d Sess., (March 19, 1958), 51 20 U.S.C. 242)

[40 FR 16032, Apr. 8, 1975, as amended at 43 FR 19129, May 3, 1978. Redesignated at 45 FR 77368, Nov. 21, 1980, and amended at 51 FR 6110, Feb. 20, 1986; 53 FR 5554, Feb. 24. 1988]

Subpart B-Applications

§ 222.9 Applications.

Any local educational agency seeking financial assistance under sections 2, 3, or 4 of the Act shall, as a condi

tion of entitlement, file with the Secretary an application for financial assistance. Such application shall be transmitted through the appropriate State educational agency, on Form RSF-1 (entitled "Application for School Assistance in Federally Affected Areas (Title I of Pub. L. 874)") and shall show the basis for entitlement under the Act and regulations. Copies of all application forms may be obtained from that State educational agency which serves the applicant local educational agency.

(Authority: 20 U.S.C. 240(a))

[40 FR 16032, Apr. 8, 1975. Redesignated at 45 FR 77368, Nov. 21, 1980. Redesignated at 51 FR 6110, Feb. 20, 1986]

§ 222.10 Final date for filing applications.

(a) Except as otherwise provided in this section, the final date for filing an application for financial assistance under sections 2, 3, or 4 of the Act shall be January 31st of the fiscal year for which such assistance is sought; except that, whenever such a final date falls on a Saturday, Sunday, or other Federal holiday, the final date for filing an application shall be the next succeeding business day. Each application must be received by the Secretary on or before the final filing date, after transmittal through and certification by the State educational agency. The applicant is responsible for obtaining the certification of the State educational agency and for securing a timely transmittal of the application to the Secretary. In order to give the State educational agency time in which it may process the application, the applicant should file its application with the State educational agency by January 2 of the fiscal year for which assistance is sought.

(b)(1) If any of the following events, giving rise to eligibility or entitlement, occurs within the fiscal year for which assistance is sought, an LEA seeking assistance shall file an 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 in writing by the Secretary not to be Federal property, is determined to be Federal property.

(2) An LEA shall file an application as permitted by paragraph (b)(1) of this section on or before January 31 of the fiscal year for which assistance is sought or within 60 days after the applicable event occurs, whichever date is later, but not later than the end of the fiscal year for which assistance is sought.

(c) Where an application is filed directly with the Secretary on or before the applicable filing date and a copy is filed with the State educational agency on or before the applicable filing date, then the application will, for good cause shown, be considered to be timely filed if, within fifteen days after the applicable filing date, the applicant obtains and files with the Secretary the approval, verification, and certification of the application by the State educational agency.

(d) Notwithstanding paragraph (a) of this section, the final date for filing an application for financial assistance for fiscal year 1985 under sections 2 and 3 of the Act is March 21, 1985.

(Authority: 20 U.S.C. 240(a)(1))

[40 FR 16032, Apr. 8, 1975, and amended at 43 FR 19129, May 3, 1978. Redesignated at 45 FR 77368, Nov. 21, 1980, and amended at 50 FR 4862, Feb. 4, 1985. Redesignated and amended at 51 FR 6110, Feb. 20, 1986]

(a) An LEA may amend its application following any of the events described in § 222.10(b). The LEA shall file an amendment permitted by this paragraph within 60 days after the applicable event occurs, or by the end of the fiscal year for which assistance is sought, whichever is earlier.

(b) The LEA may also amend its application no later than the end of the fiscal year for which assistance is sought

(1) For an adjustment to its entitlement based on data obtained from a second membership count; or

§ 221.92 For what types of children does the Secretary make arrangements for the provision of facilities under section 107?

(a) The Secretary makes arrangements for the provision of facilities under section 10 of the Act for the number of children

(1) Who, the Secretary estimates in any fiscal year, will reside on Federal property at the end of the next fiscal year; and

(2) For whom minimum school facilities are unavailable because of the circumstances described in § 221.90(a) (1) or (2).

(b) The Secretary may make arrangements for the provision of facilities under section 10 of the Act for the following:

(1) Children who do not reside on Federal property, if—

(i) The children reside with a parent employed by the United States;

(ii) The minimum school facilities the Secretary provides are situated on Federal property in Puerto Rico, Wake Island, Guam, American Samoa, the Northern Mariana Islands, or the Virgin Islands; and

(iii) The Secretary, after consultation with the appropriate SEA, determines that

(A) The construction or provision of the facilities is appropriate to carry out the purposes of the Act;

(B) No LEA is able to provide minimum school facilities for the suitable free public education of these children; and

(C) English is not the primary language of instruction in schools in the locality;

(2) Children of members of the Armed Forces-Army, Navy, Air Force, Marine Corps, Coast Guard-on active duty, if

(i) The schools in which free public education is usually provided for these children are made unavailable to the children because of official action by State or local government authority; and

(ii) The Secretary, after consultation with the appropriate SEA, determines that no LEA is able to provide a suitable free public education for these children.

(c) Ineligible children. The Secretary does not make arrangements for the provision of facilities under section 10 for the following:

(1) Children who reside on Federal property formerly under the control of the Atomic Energy Commission and now under the control of the Department of Energy.

(2) Indian children attending federally operated Indian schools.

(Authority: 20 U.S.C. 640)

§ 221.93 For what types of projects may the Secretary provide assistance under section 10?

(a) The types of projects for which the Secretary may provide assistance under section 10 of the Act during any given year include, but are not restricted to, one or more of the following:

(1)(i) Emergency repairs to existing facilities for which the Secretary is responsible under section 10 of the Act.

(ii) As used in paragraph (a)(1)(i) of this section, the term "emergency repairs" means those repairs necessary— (A) For the safety of persons using the facilities;

(B) For the removal of architectural barriers to the handicapped; or

(C) For the prevention of further deterioration of the facilities.

(2)(i) Non-emergency upkeep and maintenance of existing facilities for which the Secretary is responsible under section 10 of the Act.

(ii) As used in paragraph (a)(2)(i) of this section, upkeep and maintenance may include site improvements.

(3) Upgrading of existing facilities for which the Secretary is responsible under section 10 of the Act, if the purpose of the upgrading is to

(i) Improve curriculum; or

(ii) Improve facilities to meet the standards of minimum school facilities.

(4) Provision of temporary facilities on Federal property pending

(i) Emergency repairs; or

(ii) Construction of new minimum school facilities needed as a result of flood, fire, or other emergency.

(5) Construction of new minimum school facilities.