cational agency by January 2 of the fiscal year for which assistance is sought.

(b) With respect to an applicant whose eligibility for financial assistance under the Act is established during the fiscal year by initiation or reactivation of an activity of the United States, or by the acquisition of Federal property, the filing date shall be extended 60 days beyond the date of such initiation, reactivation, or acquisition.

(c) With respect to an applicant whose eligibility for financial assistance is established pursuant to an amendment to the Act which is enacted during the fiscal year for which assistance is sought, the filing date shall be extended 60 days beyond the effective date of such amendment.

(d) With respect to a local educational agency which, during the fiscal year for which assistance is sought, acquired administrative control and direction of free public education in all or any portion of an area of a previously existing local educational agency (under the circumstances described in § 115.20(b)), the filing date of an application under sections 3 and 4 of the Act shall be extended to the extent necessary to allow 60 days beyond the effective date of such change in district organization.

(e) Where an application is filed directly with the Commissioner 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 Commissioner the approval, verification, and certification of the application by the State educational agency.

(f) A timely filed application may be amended to apply for additional or alternative financial assistance based upon (1) the initiation or reactivation of a Federal activity, (2) the acquisition of property by the United States after the application was initially filed, (3) an amendment to the Act after the application was filed, or (4) a determination of the Commissioner first communicated to the applicant

that property is or is not "Federal property" under section 403(1) of the Act. Such amendment must be filed within 60 days of such occurrence or communication and no later than on or before the 30th day of September following the fiscal year for which payment is requested.

(g) A timely filed application may be amended to apply for additional or alternative financial assistance under sections 3(c)(4), 3(d), 3(e), or section 4(d) of the Act if such an amendment is (1) filed no later than September 30 of the fiscal year following that for which assistance is sought and (2) accompanied by a detailed narrative giving the basis of the claim and a justification of the requested entitlement.

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

§ 115.12 Applications under sections 2, 3, and 4 received after deadline not considered for payment.

Applications under sections 2, 3, and 4 of the Act which are received by the Commissioner after the applicable filing date prescribed by § 115.11 will not be approved.

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

§ 115.13 Notification to applicants.

Each applicant will be notified of the results of the review of its application under one or more of the sections or subsections of the Act, and the estimated amount of the payment, if any, to be made.

(20 U.S.C. 240)

§ 115.14 Assurances and parental participation with respect to Indian children for applications under section 3. (a) Each application for payment under section 3(a) or section 3(b) of the Act which is based upon children who reside on or reside with a parent employed on Indian lands (as included within the definition of Federal property under section 403(1)(A) of the Act) shall set forth adequate assurance that Indian children will participate on an equitable basis in the school program of the applicant local educational agency.

(Pub. L. 92-318, section 411(a); (20 U.S.C. 240(a)(2))

(b) Each application based upon children as described in paragraph (a) of this section shall:

(1) Set forth such policies and procedures as will ensure that programs and projects assisted under the application have been planned and developed, and will be operated in consultation with, and with the involvement of parents of, the children to be served by such programs and projects. Applicants must submit a brief statement describing such policies and procedures with each application;

(2) Be submitted with assurance that such parents have had an opportunity to present their views with respect to the application; and

(3) Set forth policies and procedures for adequate dissemination of program plans and evaluations to such parents and the public. Applicants must submit a brief statement describing such policies and procedures with each application.

(c) It shall be the responsibility of the applicant local educational agency to provide to the parents of such children:

(1) Opportunity to make recommendations to the local educational agency concerning the needs of the Indian children;

(2) Opportunity to consult with the local educational agency concerning the ways in which such parents can assist their children in realizing the benefits to be derived from the educational program of the local educational agency; and

(3) Opportunity to present their views to the appropriate school personnel concerning the educational program and parental participation.

(20 U.S.C. 1231d; Pub. L. 92-318, section 411(a))

(b) Federal financial assistance is also subject to the provisions of Title IX of the Education Amendments of 1972 (prohibition of sex discrimination), and issued any regulations thereunder.

(Pub. L. 92-318, Title IX)

Subpart C-Payment

§ 115.20 Changes in boundaries, classification, and governing authority of applicants.

(a) If the applicant is a party to any merger, consolidation, annexation, deconsolidation, or other similar action which may affect its boundaries, identity, governing authority, classification, or control, it shall notify the Commissioner as soon as practicable of the effective date of that action, the extent and character thereof, and the legal authority under which the action was or is to be effected. Such notification must include the following information:

(1) The effective date of change in boundaries or organization, for all purposes, including administrative and fiscal;

(2) Identification by name, district, number, and address of all former agencies involved and of the application number for each applicant involved in the change;

(3) A statement describing the specific type of change, with a citation of the section or sections of the State law under which the change was accomplished;

(4) The legal name of the resulting successor agency (even if the name and legal classification of the applicant agency are retained after a change);

(5) A statement as to whether assets and liabilities of the former agency or agencies have been transferred to the successor agency, or whether a settlement agreement has been made and, if so, the effective date of such action;

(6) A statement as to whether a new board of education has or will assume control and management of the successor agency and, if so, the effective date thereof; and

SECTION 1.1 Scope of guidelines.

(a) The guidelines contained in this document are recommendations and suggestions for meeting the legal requirements which apply to Federal assistance under sections 1 through 15 of Public Law 81-815 (School Construction in Areas Affected by Federal Activities). The guidelines are not requirements. Where the guidelines set forth a permissible means of meeting a legal requirement, the guidelines may be relied upon.

(20 U.S.C. 631; 113 Cong. Rec. 5935, 5936 (daily ed. May 23, 1967); United States v. Jefferson County Board of Education, 372 F. 2d 836, 857 (1966))

(b) Where a guideline is issued in connection with or affecting a provision in the regulations, the pertinent regulation will be cited after the citation of legal authority for the guideline, in the parentheses following the guideline. For example, if the legal authority for the guideline is section 5 of the Act (20 U.S.C. 635), and the guideline affects section 114.31 of the regulation (45 CFR 114.31), the following will be placed on the line immediately following the guideline: (20 U.S.C. 635; 45 CFR 114.31). If no particular section of the regulation is affected, no citation to the Code of Federal Regulations (CFR) will be made.

(20 U.S.C. 1232(a))

(c) These guidelines rescind all bulletins, memoranda, and announcements previously issued by the Division of School Assistance in Federally Affected Areas.

SECTION 1.2 Applicable statutes and regulations.

The program of assistance for school construction in federally affected areas is to be carried out in accordance with applicable Federal statutes and regulations. Pertinent provisions include Pub. L. 81-815 (20 U.S.C. 631-645), the General Education Provisions Act (20 U.S.C. 1221 et seq.), the regulations for Pub. L. 81-815 (45 CFR Part 114), the General Provisions for Office of Education Programs (45 CFR Parts 100 and 100a) except as specified in 45 CFR 114.66 and Federal Management Circular 74-7.

(20 U.S.C. 631-645, 1221 et seq.; 45 CFR Parts 100, 114; FMC 74-7)

Part 2-Applications of Local Educational Agencies

SECTION 2.1 Purpose of the Act.

Congress, in recognition of the impact which certain Federal activities may have on school construction needs, has declared it to be the purpose of the Act to provide assistance for construction of urgently needed minimum school facilities in certain areas affected by Federal activities.

(20 U.S.C. 631)

SECTION 2.2 Categories of Federal impact. The following categories of Federal impact for the purpose of making Federal payments to local educational agencies are discussed in these guidelines:

(a) Section 5(a)(1): increase in numbers of children who reside on Federal property; (20 U.S.C. 635(a)(1))

(b) Section 5(a)(2): increase in numbers of children who reside with a parent employed on Federal property situated in whole or in part in the same State as a school district or within a reasonable commuting distance of

such district, or have a parent on active duty in the Uniformed Services;

(20 U.S.C. 635(a)(2))

(c) Section 5(a)(3): increase in numbers of children whose membership results from activities of the United States carried on either directly or through a contractor; (20 U.S.C. 635(a)(3))

(d) Sections 14 (a) and (b): membership residing on Indian lands and which has not formed or will not form the basis for payment under other provisions of the Act; and (20 U.S.C. 644 (a), (b))

(e) Section 14(c): inadequately housed children in financially distressed school districts where Federal property constitutes a substantial part of the school district. (20 U.S.C. 644(c))

SECTION 2.3 Who may apply.

Applications may be filed by a local educational agency as defined in section 15(11) of the Act and § 114.1(m) of the Regulations. (20 U.S.C. 645(11); 45 CFR 114.1(m))

SECTION 2.4 How to apply.

Application forms, instructions, advice, and assistance may be obtained from each State educational agency. All questions pertaining to the preparation and filing of preapplications, applications, and requests for materials should be directed to the State Representative for School Assistance, who will respond or may forward the inquiries, where appropriate, to the Commissioner of Education.

(20 U.S.C. 636; 45 CFR 114.1 (i), (k))

SECTION 2.5 When to apply.

Cutoff dates for filing preapplications and applications will, as appropriate, be established by the Commissioner and published in the FEDERAL REGISTER. Copies of these periodic announcements of the cutoff dates appearing in the FEDERAL REGISTER will be provided to the State Representatives for School Assistance. Such State Representatives may be contacted for up-to-date information on current cutoff dates.

(20 U.S.C. 633, 636, 644; 45 CFR 114.1(k), 114.2)

SECTION 2.6 Processing procedures. Upon receipt by the Commissioner of a preapplication for assistance:

(a) The preapplication will be tentatively reviewed on the basis of data available, and if the preapplication appears to be eligible, a tentative entitlement and priority index will be computed, the applicant will be notified of the tentative determination. All preapplications will be listed in priority rank order accordingly on a list to be maintained by the Commissioner on a nationwide basis.

(b) Upon verification of the applicant's data as shown on the preapplication, a firm maximum entitlement and priority index will be determined for each eligible applicant, the application will be listed in priority rank order, and the applicant will be informed of the basis of such action; if ineligible, the applicant will be informed as to the reasons therefor.

(c) When monies are available to reach the priority of the preapplication, funds will be reserved tentatively on the basis of the best information available at the time and the applicant will be advised to file a complete application for review and approval pursuant to 45 CFR Part 100a, Subpart B. (20 U.S.C. 633, 636, 644, 645(7); 45 CFR 114.1 (i), (k), (s), 114.5, 114.6)

SECTION 2.7 Instructions relating to construction of approved and funded projects.

(a) General. (1) The Office of Facilities Engineering and Property Management Agency of the Department of Health, Education, and Welfare (hereinafter referred to as OFEPM) and the Regional Office of Facilities Engineering and Property Management (hereinafter referred to as ROFEPM) will provide, upon request, technical supervision and services to applicants in connection with the construction of school facilities. When appropriate, OE Program Officers (SAFA), in cooperation with representative of ROFEPM, will assist with the planning of approved projects, including examination of preliminary and final project plans and specifications, periodic inspection of construction progress and determination of the propriety of making partial payments of the estimated Federal share of the cost as construction progresses. Supervision of these technical services, will be performed by the Regional Engineer, ROFEPM.

(2) The Regional Engineer, ROFEPM, may assist in preconstruction and construction activities to assure conformity with the requirements of the Act. Approval of all proposed preconstruction documents (as described in § 114.58 of the regulations), may be obtained directly from the Regional Engineer. His assistance prior to the preparation of these and similar documents will be provided upon request. In this connection, he may suggest a preliminary conference with the project architect and others if that seems desirable. The Regional Engineer will provide sufficient copies of all forms which may be used to prepare the contract documents required for the project and will aid in the review of bids received and other technical details.

(3) Special assistance may also be provided to eligible applicants under the provisions of section 14 of the Act by SAFA Program Officers.

(20 U.S.C. 636, 637, 644)