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cilities 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 inIcluded 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 facilties. 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 expendiency. 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 pro

vided 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. To the extent practicable, such equipment must be utilized in those permanent facilities provided pursuant to section 16 of Pub. L. 81-815, or those facilities undergoing minor repair under section 7(b) of the Act, when the use of the temporary facilities provided under section 7 of the Act is no longer necessary. 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 will be authorized for such insurance.

(20 U.S.C. 241-1(a)-(b))

§ 113.4 Special procedures for obtaining pinpoint disaster assistance.

Upon the occurrence of a pinpoint disaster, the local educational agency desiring Federal assistance shall request the Governor of the State, through the State educational agency, to present to the Commissioner a request for Federal assistance. The Governor's request shall contain:

(a) A certification of the need for disaster assistance and assurance of the expenditure of a reasonable amount of the funds of the government of such State or any political subdivision thereof, in addition to any insurance proceeds and the interest earned thereon, for purposes of providing free public education and to repair school facilities damaged by such disaster, which shall include:

1

(1) A statement of the amount of State and local funds available or to be made available to provide free public education or to repair such damaged school facilities;

(2) An estimate of the amount of Federal assistance needed;

(b) A statement of the date and cause of the disaster as a result of which public elementary or secondary school facilities of the local educational agency have been destroyed or seriously damaged, including a certification by the Governor that the disaster was not caused by negligence or malicious action.

(c) An estimate of the extent of damage resulting from the disaster;

(d) A certification by the Governor that the applicant maintained, at the time of the disaster, insurance coverage on the school facilities, instructional, and maintenance supplies, equipment, and materials (including textbooks), with respect to which assistance is sought under section 7(b) of the Act, in an amount equal to the full valuation of the same.

(e) A statement from the State Attorney General that under State law local educational agencies have the authority to enter into an agreement with the Federal government for acceptance of a repayable advance as described under this part.

(20 U.S.C. 646(a), (c))

Subpart C-Applications

§ 113.8 Applications.

Prior to receiving benefits under section 7 of the Act, a local educational agency located in whole or in part in a major disaster area, or which has suffered a pinpoint disaster, must file with the Commissioner a complete application for financial assistance on forms prescribed by the Commissioner setting forth the need for such benefits under each pertinent subsection of the Act.

(a) An approved application for financial assistance under section 7(a) of the Act shall apply only to such financial assistance for providing free public education until the end of the fiscal year in which the application is approved. Applications for financial

assistance under section 7(a) of the Act for subsequent fiscal years must be filed separately.

(b) An approved application under section 7(b) of the Act shall apply to any expenditures made during a reasonable period of time with respect to those items which are covered by the application. An application that is appropriately made under section 7(b) of the Act will be applicable retroactively for eligible expenditures made immediately prior to, during or subsequent to the incident period of the disaster occasioning the expenditure.

(20 U.S.C. 241-1(a), (b))

§ 113.9 Dates for filing applications.

(a) An initial application or a notice of intent to file such an application within the fiscal year for financial assistance benefits under section 7(a) must be filed with the Commissioner through the appropriate State educational agency as follows:

(1) In the case of a major disaster, on or before 90 days following that date on which the area in which the local educational agency is located, in whole or in part, is designated as being within a major disaster area.

(2) In the case of a pinpoint disaster, an initial application must be filed on or before:

(i) 90 days following the effective date of the regulations in this part pertaining to the type of disaster; or

(ii) 90 days following the date on which the disaster occurred, whichever is later.

(3) Whenever such a date falls on a Saturday, Sunday or Federal holiday, the final day for filing the application shall be the next succeeding business day.

(4) A complete application for financial assistance for benefits under section 7(a) for each fiscal year subsequent to that covered by the initial application must be filed by January 31 in the fiscal year following the last initial application.

(b) A complete application for benefits under section 7(b) of the Act must be filed with the Commissioner through the appropriate State educational agency as follows:

(1) In the case of a major disaster, on or before 90 days following that

date on which the area in which the local educational agency is located, in whole or in part, is designated as being within a major disaster area.

(2) In the case of a pinpoint disaster, a complete application must be filed on or before:

(i) 90 days following the effective date of the regulations in this part pertaining to such type of disaster; or (ii) 90 days following the date on which the disaster occurred, whichever is later.

(3) Whenever such a date falls on a Saturday, Sunday, or Federal holiday, the final day for filing the application shall be the next succeeding business day.

(c) The applicant is responsible for obtaining the appropriate certification of the State educational agency and for securing transmittal of the application to the Commissioner.

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

§ 113.10 Notification to applicants.

The Commissioner will notify each applicant of the results of the review of its application. A notice of application review action will be sent to the applicant which, in appropriate instances, will describe the estimated amount of any payments to be made with respect to assistance in the cost of providing free public education, including assistance with respect to the making of minor repairs of school facilities, and the cost of replacing destroyed or seriously damaged instructional and maintenance supplies, equipment and materials (including textbooks), and of leasing or otherwise providing school or cafeteria facilities as temporary replacements.

(20 U.S.C. 241-1(a)-(b))

§ 113.11 Reports.

(a) Reports required. Each applicant shall submit required reports and information on such forms as the Commissioner may reasonably require concerning (1) destruction of and damage to school facilities and instructional and maintenance supplies, equipment, and materials (including textbooks), (2) payments made with respect thereto, as well as payments made to continue to provide free public education

at a preexisting level, and to lease or otherwise provide school and cafeteria facilities as temporary replacements, for which benefits are sought under section 7 of the Act.

(b) Final reports. Each applicant whose application is approved shall submit to the Commissioner final reports concerning payments made by the applicant for which benefits are sought under section 7. Final reports shall be submitted promptly with respect to section 7 as follows:

(1) Final reports with respect to the assistance under section 7(a), and final reports with respect to the cost of leasing school and cafeteria facilities as temporary replacements under section 7(b), shall be submitted to the Commissioner no later than September 30 following the close of the school year for which the report is made.

(2) Final reports with respect to assistance under section 7(b), except final reports with respect to the cost of leasing school and cafeteria facilities as 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, including the increased costs due to the disaster.

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

§ 113.13 Method of payment.

(a) 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)

(b) In all cases determined pursuant to section 7, if the Commissioner finds that funds other than Federal funds will, in the near future, become available to the local educational agency specifically for the purpose of providing assistance in cases of such disasters, then Federal financial assistance may, to the extent that such funds are to become so available, be in the form of a repayable advance subject to repayment, without interest, when available.

(20 U.S.C. 241-1; 20 U.S.C. 242(c))

§ 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) Section 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).

§ 113.19 Nondiscrimination against handicapped individuals.

Federal financial assistance is subject to section 504 of the Rehabilitation Act of 1973, as amended (Pub. L. 93-112).

(29 U.S.C. 794)

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114.32

Criteria for waiver under section 5(e) of percentage requirements for federally 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 federally connected children eligible for payment in section 5(f).

114.35 Criteria for waiver of percentage requirement in section 14(a). 114.36 Criteria for waiver of substantial percentage requirement in section 14(b).

114.37 Criteria for waiver of substantial percentage 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 114.51 Works of art.

114.53 Excellence of architecture and design of minimum school facilities. 114.55 Applicability of General Provisions Regulations.

114.58 Procurement of school facilities.

Subpart G-Sections 9 and 10

114.61 Conditions for assistance under section 10.

114.62 Requests for section 10 school con

struction.

114.63 Property management: Sections 9 and 10.

114.64 Disposal of federally owned temporary school facilities provided under section 9.

114.65 Transfer of title to federally owned school facilities provided under section 10 to local educational agencies.

Appendix A-Guidelines

AUTHORITY: Pub. L. 81-815 (school construction in areas affected by Federal activities), as amended, 64 Stat. 967 (20 U.S.C. 631-645), unless otherwise noted.

SOURCE: 40 FR 16019, Apr. 8, 1975, unless otherwise noted.

§ 114.1

Subpart A-Definitions

Definitions.

As used in this part, the term:

(a) "Act" means Pub. L. 815 (except section 16 thereof), 81st Congress (64 Stat. 967), as amended.

(20 U.S.C. 631-645)

(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 neces

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