(b) Minimum standards of construction. Plans and specifications for a project must comply with such Federal, State, and local laws, ordinances and regulations pertaining to standards of construction and safety requirements, as may be applicable.

(16 Comp. Gen. 948 (1937))

(c) Preparation of plans and specifications. Upon receipt of the notice of approval of the complete application, work may be commenced on preparing plans and specifications which conform to the project description as shown in the complete application, or with such revisions as may be necessary. After all necessary State approvals have been obtained, such plans and specifications must be forwarded for the approval of the Commissioner as required by § 114.58 of the regulations. Such documents may be forwarded as follows: One copy of the final plans and specifications to the Regional Engineer (ROFEPM) and one copy to the appropriate Regional OE Program Officer (SAFA).

(20 U.S.C. 633, 636(b), 637(a); 45 CFR 114.58)

SECTION 2.8 Instructions relating to purchasing non-expendable property (initial equipment) acquired with Federal funds under sections 5, 8, 9, and 14 of the Act.

The procurement of initial equipment with Federal funds under sections 5, 8, 9, and 14 of the Act must be made in accordance with 45 CFR Part 100a, Subpart I. Such procurement must be approved in advance by the OE Regional Program Officer (SAFA) in accordance with the regulations at 45 CFR 114.58.

A copy of the pertinent documents must be forwarded to and reviewed and recommended for approval by the Regional OE Program Officer before payment may be made as described in the regulations at 45 CFR 114.43.

(20 U.S.C. 636, 644; 45 CFR 114.43, 114.58)

Part 3-Requests of Federal Agencies for School facilities under Section 10 of the Act

SECTION 3.1 Application procedures.

Requests for school construction to be performed under section 10 of the Act may be made in letter form by the official in control of the Federal property on which the facilities are to be located, in accordance with procedures described in regulations 45 CFR 114.58, 114.61, 114.62, and 114.63.

(20 U.S.C. 643(b); 45 CFR 114.58, 114.61, 114.62, 114.63)

SECTION 3.2 Processing procedures.

Upon receipt by the Commissioner of the request:

(a) The request will be reviewed on the basis of data available, and if the request for assistance appears to be approvable a tentative cost estimate, priority grouping, and priority index will be computed and assigned. If the request is determined not to be approvable, the Federal agency will be so informed.

(b) Upon verification of data submitted as the basis of the request, the Commissioner may determine that a project should be approved. The project will be assigned a priority index within a priority group and the Regional Engineer, ROFEPM will be requested to estimate the cost of the project to be approved.

(c) When monies are available to reach the priority of the project and funds are approved for direct Federal construction, the appropriate parties will be so notified.

(20 U.S.C. 640; 45 CFR 114.4, 114.5, 114.6, 114.61, 114.62)

SECTION 3.3 Actions relating to construction of approved and funded section 10 projects.

(a) The Commissioner will consider recommendations of local and State education authorities, the Regional OE Program Officer, representatives of ROFEPM, and the Federal agency making the application. Educational consultants, if appropriate, may also be engaged by the Commissioner for the purpose of assisting in developing educational specifications and otherwise assisting in developing the project.

(b) The Regional OE Program Officer will:

(1) Verify the data submitted as the basis of the application and make recommendations to the Division of SAFA on the need for the requested school facilities;

(2) Review the proposed school site for educational adequacy. Request the Federal agency controlling the property to prepare the metes and bounds description, including a plot plan, to be forwarded to the Division of SAFA in compliance with § 114.63(b) of the regulations;

(3) Review design sketches and preliminary plans and outline specifications for educational adequacy and recommend to the Division of SAFA approval or disapproval of these documents and the reasons therefor,

(4) Review the final plans and specifications for educational adequacy and conformance with the approved project description and the approved preliminary plans and specifications and notify the Regional Engineer, ROFEPM, of approval or disapproval by the Commissioner of such documents; and

(5) Review all requests for initial minimum equipment submitted pursuant to § 114.58(d) and notify the OE Regional Contracting Officer and the Regional Engineer, ROFEPM, of approval or disapproval by the Commissioner. A list of initial equipment will be provided to the Regional Contracting Officer who will supervise its acquisition.

(c) The Regional Engineer ROFEPM will: (1) Furnish the Division of SAFA with an estimate of the cost of the project to be constructed, and revisions of such estimate as may be appropriate;

(2) Negotiate architectural contracts for preparation of plans and specifications, after the estimated cost of constructing the project has been approved by the Division of SAFA;

(3) Request necessary State and local agency approvals of final plans and specifications;

(4) Secure permits for access and right of entry to project site;

(5) Monitor the execution of a contract for the construction of school facilities after approval of final plans and specifications; and

(6) Submit a final project summary stating all project costs including initial (movable) school equipment costs.

(d) The Division of SAFA will:

(1) Assist in the development of and approve the final project description;

(2) Approve the project funding and disburse funds in the appropriate manner to initiate the project;

(3) Review and approve sketches and preliminary plans and specifications; and

(4) Prepare use permits for acceptance by the operating agency upon completion of the project.

(20 U.S.C. 640(a), (b); 45 CFR 114.61, 114.62, 114.63, 114.65)

Part 4-Property Management of Facilities Constructed Under Section 10 and Certain Facilities Constructed Under Section 9 of the Act

SECTION 4.1 Agencies may be granted use

The Federal agency or local educational agency to which use of the completed school facilities is granted, must maintain such school facilities, including equipment, in good conditions in accordance with $114.63(c)(1)(v) and (c)X2Xiv). The Commissioner may request periodic reports to be submitted in order to assure that the facilities and equipment are properly cared for and maintained.

(20 U.S.C. 639, 640, 45 CFR 114.63)

SECTION 4.2 Disposal or transfer of ownership of federally owned school facilities.

The Commissioner, upon receipt of a written request from a local educational agency in which school facilities have been provided under section 9 or 10 of the Act, may make arrangements to transfer ownership of such agency in accordance with § 114.65 of the regulations.

(20 U.S.C. 639, 640(b); 45 CFR 114.64, 114.65)

Appendix

AUTHORITY: Pub. L. 81-874, as amended, 64 Stat. 1100 (20 U.S.C. 236-244), unless otherwise noted.

SOURCE: 40 FR 16032, Apr. 8, 1975, unless otherwise noted.

Subpart A-Scope and Definitions § 115.1 Scope.

The regulations in this part govern the provision of financial assistant and the making of arrangements under the Act with regard to local educational agencies in areas affected by Federal activities.

(20 U.S.C. 242(b))

§ 115.3 Definitions.

As used in this part:

(a) “Act” means Titles I (except section 7 thereof) and IV of Pub. L. 874, 81st Congress (64 Stat. 1100 (20 U.S.C. 236-244)), as amended.

(b) “Applicant” means any local educational agency which files an application for financial assistance under sections 2, 3, or 4 of the Act and the regulations in this part, but does not include departments or agencies proposing arrangements under section 6 of the Act.

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

(c) "Application" means Form RSF1, "Application for Financial Assistance for Current Expenditures for Public Schools in Areas Affected by Federal Activities" properly completed and executed, including amendments thereto, and, to the extent indicated by the applicant, any document or documents in support thereof, filed by or on behalf of an applicant requesting financial assistance under the Act and these regulations.

(20 U.S.C. 240(a), 242(b))

(d) "Arrangements" means an agreement entered into between the Commissioner and a local educational agency or a Federal department or agency for the provision of free public education under section 6 of the Act.

(20 U.S.C. 241(a))

(e) "Average daily attendance of federally connected pupils" in each pertinent category of federally connected

children (sections 3(a), 3(b), and 4(a)) means the number determined in accordance with section 403(10) of the Act in the manner described in this paragraph. At the option of the applicant, a second membership count may be made as set forth in paragraph (f) of this section.

(1) At some specific date not earlier than the fourth day of the legal school session of the regular school year and prior to the cutoff date for filing Form RSF-1, a membership count of all pupils claimed in the various federally connected categories must be made either by (i) conducting a parent-pupil survey to determine the parent's employment or active duty assignment in the uniformed services and the child's residence on Federal property or by (ii) obtaining certifications from the various employers and the appropriate housing officials as to the employment of the parents of the children claimed or residence of such children on the specific date involved. A membership count of all pupils must be made as of this specific date, which is to constitute the official membership report of the applicant local educational agency for that date.

(2) The percentage of pupils in each of the federally connected categories is determined by dividing the membership count in each such category by the total membership of all pupils receiving free public education on the date of the count.

(3) The average daily attendance (hereinafter referred to as ADA) of federally connected pupils shall then be obtained in one of the following ways:

(i) For the purposes of the application Form RSF-1, each of the percentages obtained in paragraph (e)(2) shall be multiplied by the ADA to the date of the count of the total membership (as reported in the official membership and ADA report of the applicant district for such reporting period); or

(ii) For the purposes of the final report (Form RSF-3), each of the percentages obtained in paragraph (e)(2) shall be multiplied by the total ADA for the period July 1 to the following June 30. Such total ADA shall include ADA based upon free public education

provided in summer school as determined in accordance with State law.

(20 U.S.C. 238(a), (b), 239(a), 244(10))

(f) "Average daily attendance of federally connected pupils when determined by two counts of all pupils” means the number determined in the manner described in this paragraph.

(1) First count of membership of each category of federally connected children must be made as described in paragraph (e) of this section. At the option of the applicant, a second count of membership may be made at a later date during the last quarter of the regular school year and uniformly for the entire local educational agency.

(2) A membership count of all pupils, made as of the same dates as the counts of federally connected children, will constitute the official membership report of the applicant school district for those dates.

(3) The percentage of pupils in each of the federally connected categories shall be determined as provided in paragraph (e) of this section.

(4) The two percentages obtained by the two counts for each category of federally connected pupils shall be added and the sum divided by two to compute an average percentage for that category.

(5) The percentage so obtained shall be multiplied by the total ADA for the period July 1 to the following June 30. Such total ADA shall include ADA based upon free public education provided in summer school as determined in accordance with State law.

(20 U.S.C. 238(a), (b), 239(a), 244(10))

(g) "Entitlement" means the amount of assistance which an applicant would receive under the formula prescribed under sections 2, 3, or 4 of the Act if the appropriations for a fiscal year were adequate to pay all claims.

(20 U.S.C. 240(a), (b), (c))

(h) "Federal property" is used in this part as defined in the Act at 20 U.S.C. 244(1). For the purpose of this definition:

(1) All property of the United States which was transferred to the United States Postal Service and which was, prior to such transfer, treated as Federal property for the purposes of the

(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, serial number, 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.

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

(k) "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.

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

(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 returned to the local educational agency for expenditure by that agency;

(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