school facility or in the process of being made ready for such a use. The school facility so provided must be functional and not elaborate in design or extravagant in the use of materials in comparison with school facilities of a similar type constructed in the State within recent years, and the replacement or restoration work must be undertaken in an economical manner.

§ 112.3 Certification of payments.

(a) Payments to an applicant under section 16 of the Act will be made only on the basis of a completed application which satisfies the conditions for payment prescribed by section 16 of the Act and the regulations in this part.

(b) Upon approval of a project application of a local educational agency under section 16 of the Act, the Commissioner will pay to such agency an amount equal to ten percentum of the estimated cost of the construction, incident to the replacement or restoration of the school facilities destroyed or seriously damaged as a result of the disaster. After final drawings and specifications have been approved by the Commissioner and the construction contract has been entered into, the Commissioner will pay to the applicant local educational agency, in advance or by way of reimbursement at such times and in such installments as he may deem to be reasonable, the remainder of the Federal share of the cost of the replacement or restoration of such school facilities.

(c) Any funds paid to a local educational agency and not expended or otherwise used for the purpose for which paid shall be repaid to the Commissioner for return to the Treasury of the United States.

and postmarked, on or before the applicable filing date established by paragraph (c) of this section.

(c) Each application shall be submitted to the Commissioner through the appropriate State educational agency on or before ninety (90) days following (1) the date of publication of the regulations in this part in the FEDERAL REGISTER, Or (2) ninety (90) days following the date on which the area in which the local educational agency is, in whole or in part, located is designated as being within a major disaster area, whichever is later; except that whenever such a date falls on a business day, the first day for filing applications shall be the next succeeding business day.

(d) An application will not be deemed to be a completed application unless it contains assurances that the rates of pay for laborers and mechanics engaged in any construction under the application will be not less than the prevailing local wage rates for similar work as determined in accordance with the DavisBacon Act, 40 U.S.C. 276a-276a-5; that all contractors and subcontractors for such construction will comply with the regulations in 29 CFR Part 3 and include in all contracts the contract clauses required by 29 CFR 5.5 (a) and (c); and that the nondiscrimination clause prescribed by Executive Order 11246 of September 24, 1965 (30 F.R. 12319, 12935), will be incorporated in any contract for construction work, or modification thereof, as defined in said Executive order.

(e) An application will not be deemed to be a completed application until all necessary forms prescribed by the Commissioner, supplements thereto, supporting documents, amendments, or communications, bearing the required certifications and verifications by the State educational agency, are received by the Commissioner.

(f) There can be no Federal financial participation under section 16 of the Act in any expenditures made before the application with respect thereto has been received by the Commissioner in substantially approvable form.

applications that are timely filed, he will establish an order of priority for approval of such applications after con#sidering the relative educational and financial needs of the local educational agencies which have submitted approvable applications.

§ 112.10 Determination of priorities among applications.

(a) The Commissioner will determine the order of priority for all applications involving the replacement or restoration of school facilities, the destruction of or serious damage to which as a result of a major disaster requires as a temporary expediency the relocation of students in another school building or classroom. Such applications of all local educational agencies will be assigned priorities on the basis of the percentage, in descending order, that the total number of children in the school district who are so relocated (after deducting the number of children so relocated from a school facility previously assigned a priority in accordance with the order of their consideration that is specified by the local educational agency) bears to the total memberships of all schools in the school district. Such membership will be determined on the basis of the latest and best information available. For the purpose of this section, the number of relocated children will include the number of children displaced from private schools as a result of the major disaster who would, but for the destruction or serious damage to the school facility being assigned a priority, be accommodated in that school facility, and such relocated children will be included in the computation of the membership of the public schools.

(b) All other applications for the replacement or restoration of school facilities destroyed or seriously damaged as a result of a major disaster will be assigned priorities lower than the priorities assigned under paragraph (a) of this section. Priorities will be assigned to school facilities under this paragraph (b) on the basis of the amount of financial assistance requested, and estimated by the Commissioner to be reasonable in amount, in comparison with the unused bond sale capacity for public school facilities. The unused bond sale capacity will be computed on the basis of facts as of the date of the disaster. Such applications of all local educational agencies will be assigned priorities on the basis of the percentage, in descending order,

that the amount of the financial assistance so determined with respect to all such applications (after deducting the amount of such financial assistance under such applications previously assigned a priority in accordance with the order of their consideration that is specified by the local educational agency) bears to the unused bond sale capacity. § 112.11 Prohibition against payment for religious worship or instruction. Nothing contained in the Act or the regulations in this part shall be construed to authorize the use of payments made under the Act for religious worship or instruction.

§§ 112.12-112.15 [Reserved]

Subpart D-Retention of Records § 112.16 Retention of records.

Local educational agencies receiving grants under the Act are required to keep intact all records supporting claims for such grants until the completion of the Federal fiscal audit or the regularly conducted Federal administrative review, or for 3 years following the fiscal year to which the claim relates, whichever is later. The records involved in any claims or expenditures which have been questioned shall be maintained until necessary adjustments have been reviewed and cleared by the Federal agency making the review. Records need not be maintained beyond that period unless, under special circumstances, the local educational agency is specifically advised that certain of such records should be retained or unless State or local practices call for a longer period.

§§ 112.17-112.20 [Reserved] Subpart E-Provisions Not Exhaustive § 112.21 Provisions not exhaustive of jurisdiction of Commissioner.

The provisions of the regulations in this part shall be deemed not to be exhaustive of the jurisdiction of the Commissioner under the Act.

113.12

Reports.

Inadequacy of Federal funds.

113.13 Method of payment.

113.14 Prohibition on payment for religious worship or instruction.

113.15-113.17 [Reserved]

Subpart D-Retention of Records

113.18 Fiscal control and audit. 113.19 Retention of records.

113.20-113.24 [Reserved]

Subpart E-Preceding Provisions not Exhaustive 113.25 Preceding provisions not exhaustive of Jurisdiction of the Commissioner. AUTHORITY: The provisions of this Part 113 issued under secs. 301, 303, 64 Stat. 1107, 1108; 20 U.S.C. 242, 244.

SOURCE: The provisions of this Part 113 appear at 31 F.R. 4405, Mar. 15, 1966, unless otherwise noted.

§ 113.1

Subpart A-Definitions

Definitions.

As used in this part

(a) "Act" means P.L. 874, 81st Congress (64 Stat. 1100), section 7 of which was added by P.L. 89-313 (79 Stat. 1158). (b) "Commissioner" the means United States Commissioner of Education.

(c) "Application" means a formal request submitted by a local educational agency on forms prescribed by the Commissioner, including any amendments thereto, as well as any document or documents in support thereof, filed by such a local educational agency, for additional financial assistance under section 7 of the Act and the regulations in this part with respect to current expenditures for providing free public education in an area affected by a major disaster (including assistance with respect to the repair of school facilities, or the restoration or replacement of school facilities, when urgently needed to protect such facilities from further damage or deterioration or otherwise necessary for continuing to provide free

public education, but not including assistance with respect to the making of substantial structural repairs) or for the cost of replacing instructional and maintenance supplies, equipment, and materials (including textbooks) destroyed or seriously damaged as a result of such a major disaster, or to provide school or cafeteria facilities needed to replace temporarily such facilities which have been made unavailable as a result of such a major disaster, or any combination of the foregoing.

(d) "Local educational agency" means a board of education or other legally constituted local school authority (including, where applicable, a State agency which directly operates and maintains facilities for providing free public education) having exclusive administrative control and direction of free public education, in a county, township, independent, or other school district located within a State.

(e) "Free public education" means education which is provided at public expense, under public supervision and direction, and without tuition charge, and which is provided as elementary or secondary school education in the applicable State. Elementary education may include kindergarten education meeting the above criteria.

(f) "Fiscal year" means the period beginning on July 1 and ending on the following June 30. (The fiscal year is designated by the calendar year of the ending date.)

(g) "State" means a State of the Union, the District of Columbia, Puerto Rico, the Virgin Islands, Wake Island, Guam, or American Samoa.

(h) "Major disaster area" means an area which is determined, pursuant to section 2(a) of the Act of September 30, 1950 (42 U.S.C. 1855a (a)), to have suffered, after August 30, 1965, and prior to July 1, 1967, a major disaster as a result of any flood, drought, fire, hurricane, earthquake, storm, or other catastrophe which is or threatens to be of sufficient severity and magnitude to warrant disaster assistance by the Federal Government. A certification by the Governor of the State in which such area is located of the need for disaster assistance in such area under Public Law 81-875 shall be deemed to be a certification of need for disaster assistance under section 7 of Public Law 81-874 and an assurance of the expenditure of a reasonable amount of the funds of the

government of that State, or of any political subdivision thereof, for purposes the same as or similar to those provided for in section 7 of Public Law 81-874 with respect to that catastrophe.

(i) "School facilities" includes classrooms and related facilities; and equipment, machinery, and utilities necessary or appropriate for school purposes. It does not include athletic stadiums, or structures or facilities intended primarily for athletic exhibitions, contests, or games or other events for which admission is to be charged to the general public.

Subpart B-Financial Assistance for Providing Free Public Education

§ 113.2 Financial assistance for providing free public education.

(a) When the Commissioner determines that a local educational agency is making a reasonable tax effort and is exercising due diligence in availing itself of funds from State, local and Federal sources for general educational purposes, but, as a result of the major disaster, is unable to secure funds for that purpose sufficient to meet the additional cost of providing free public education for children attending the schools of such agency, the Commissioner may, upon application under section 7 of the Act and approval thereof, provide such additional financial assistance, including assistance with respect to the restoration or replacement of school facilities other than structures destroyed or seriously damaged, as is necessary to enable that agency to continue to provide free public education to such children during the fiscal year in which the application is made at a pre-existing level. Such assistance may be continued in subsequent fiscal years on the basis of applications approved during such fiscal years but not beyond the end of the fourth fiscal year following the fiscal year in which the area in which the whole or a part of such agency is located is determined to have suffered a major disaster.

(b) The amount of such Federal financial assistance for continuing to provide free public education at a preexisting level during the second, third and fourth fiscal years following the fiscal year in which the area is determined to have suffered a major disaster will not exceed 75 per centum, 50 per centum, and 25 per centum, respectively, of the amount of

such financial assistance during the first fiscal year following such a determination exclusive of any financial assistance under section 7 of the Act for the restoration or replacement of school facilities. The amount of financial assistance so provided by the Commissioner to the agency for use during any fiscal year will not exceed the amount which the Commissioner determines to be necessary to enable such an agency, with the other funds available to it for such a purpose, to continue to provide a level of education equivalent to that maintained during the last full fiscal year prior to the occurrence of the major disaster. While the local educational agency is not to be required to cease to continue to provide such higher level of education as it may have undertaken to provide during the fiscal year in which the major disaster occurred, no additional assistance may be provided under section 7 of the Act that is attributable to the continuation of providing such a higher level of education. The determination by the Commissioner will take into account the additional costs reasonably necessary to provide under public auspices and administration, educational programs in which children enrolled in private elementary and secondary schools in the school attendance area of the applicant which have been disrupted or impaired by the major disaster may attend and participate.

§ 113.3 Assistance for the replacement of supplies, equipment, and materials.

Where an applicant local educational agency is determined by the Commissioner to be eligible for financial assistance under § 113.2, the Commissioner will provide an amount to that agency which he determined to be necessary (a) to replace instructional and maintenance supplies, equipment, materials (including textbooks), whether or not acquired through the use in whole or in part of Federal funds made available under other programs, which have been destroyed or seriously damaged as a result of the major disaster and (b) to lease or otherwise provide (other than by the acquisition of land or the erection of buildings) school and cafeteria facilities needed to replace temporarily such facilities which have been made unavailable as a result of the major disaster.

Subpart C-Applications

§ 113.8 Applications.

As a condition to receiving benefits under section 7 of the Act, a local educational agency located in whole or in part in a major disaster area must, through the appropriate State educational agency, file with the Commissioner an application for financial assistance on forms prescribed by the Commissioner setting forth the need for such benefits under section 7 of the Act. An approved application for financial assistance in continuing to provide free public education at a preexisting level, other than financial assistance under section 7 of the Act for the restoration or replacement of school facilities, shall apply only to such financial assistance for the providing of free public education until the end of the fiscal year in which the application is approved. Otherwise an approved application shall apply to any expenditures made during a reasonable period of time with respect to those items which are covered by the application. An appliIcation that is timely made will be applicable retroactively for eligible expenditures made during or subsequent to the major disaster occasioning the expenditure.

§ 113.9

Dates for filing applications.

Each application for benefits under section 7 of the Act, except applications for financial assistance for continuing to provide free public education at a preexisting level that are filed for a fiscal year subsequent to that covered by such initial application, must be filed by the applicant on or before ninety (90) days following the date on which the area in which the applicant is located is declared to be a major disaster area or in ninety (90) days following the date of the publication of the regulations in this part in the FEDERAL REGISTER, whichever is the later; except that, whenever such date shall fall on a nonbusiness day, the final date for filing applications shall be the next succeeding business day. An application for financial assistance for continuing to provide free public education at a preexisting level for a fiscal year subsequent to that covered by the initial year of such application must be filed by March 31 in the fiscal year following

the last such application. An application must either be received by the Commissioner, or be mailed under cover postmarked, on or before the final filing date. It must be transmitted through and certified for by the State educational agency. The applicant is responsible for obtaining the certification of the State educational agency and for securing transmittal of the application to the Commissioner.

§ 113.10 Notification to applicant.

Each applicant will be notified by the Commissioner of the approval or disapproval of its application and 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 repair of school facilities, or the replacement or restoration 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.

(a) Reports required. Each applicant shall submit such reports and information concerning destruction and damage occasioned by the major disaster on such forms as the Commissioner may reasonably require concerning destruction of and damage to school facilities and instructional and maintenance supplies, equipment, and materials (including textbooks), and of 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 report. 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 of the Act. Such final reports shall be submitted promptly after the applicant makes final payments and receives final insurance adjustments, but in no event later than the 30th day of September in the fiscal year following the fiscal year in which such final payments or insurance adjustment are