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(4) There has been an unusually large Federal impact in the 4-year increase period for which the application is made equal to at least 10 percent of the average daily membership in the base year in an attendance area affecting one or more attendance centers located in an isolated or remote part of the school district.

(5) It would not be practicable to transport students in the federally impacted attendance area to other existing school facilities of the applicant because of distance, topography, traffic, or climatic conditions, or other equally cogent reasons.

(6) The Commissioner determines that other exceptional circumstances exist which in his judgment require such waiver or reduction to avoid inequity and to avoid defeating the purposes of the Act.

(b) If the Commissioner, on the basis of the minimum criteria above set forth, determines, under subsection 5(e) of the Act, to exercise his authority to waive or reduce one or more of the specified requirements:

(1) He will determine which requirement or requirements he will waive, or reduce, and if the latter, the extent of such a reduction;

(") He will determine the geographical area of the applicant which shall be considered as constituting the “federally impacted attendance area”; and

(3) The application otherwise will be processed, taking into consideration only the established "federally impacted attenáance area," but in no case shall payments hereunder exceed the amounts con.putable on the basi of the district as a whole taking into consideration the waivers or reductions approved by the Commissioner. § 114.6 Criteria for waiver under section

5(e) of the Act for children residing

on Federal property. (a) The Commissioner's authority under section 5(e) of the Act to waive or reduce the percentage increase requirement in section 5(c) of the Act with respect to children residing on Federal property, and/or to waive or reduce the percentage increase requirement in section 5(d) of the Act with respect to nonfederally connected children will be exercised only if the conditions set forth in subparagraphs (1) through. (6), inclusive, of this paragraph are met:

(1) The applicant otherwise meets all the conditions for eligibility under the Act, other than section 14 thereof.

(2) The applicant specifically states the waiver it desires be made or the extent to which it desires a reduction in one or more of such requirements, and makes an appropriate request therefor in which he agrees that, if such a request is granted in whole or in part, only the Federal property upon which the children reside shall be considered as a federally impacted attendance area in computing maximum payment under the waiver or reduction in requirement and that only children residing on the Federal property constituting the federally impacted attendance area will be considered in determining the increase in membership of federally connected children.

(3) There has been an increase in membership of the children residing on the Federal property constituting the federally impacted attendance area in the 4-year increase period for which the application is made of at least 50 in number and equal to at least 8 percent of the average daily membership of such children in the base year, or there are at least 50 more children residing on said Federal property than were estimated to be in the membership of the applicant's schools at the end of the increase period under the last previous eligible application for which payment has been made or may be made.

(4) The applicant has need for additional classrooms or related school facilities on the basis of the district as a whole, or the school facilities of such applicant are not reasonably accessible to the children residing on the Federal property constituting the federally impacted attendance area because of their location or the infeasibility of transporting the children residing on said Federal property to such facilities.

(5) The estimated number of children who reside on the Federal property constituting the federally impacted attendance area and who will be in the district's schools at the close of the increase period covered by the application under consideration cannot be housed adequately in minimum school facilities within the school district unless additional school facilities are provided in the school district.

(6) The school facilities to be constructed with the funds made available

to the applicant upon approval of the waiver will be located within the Federal property or located reasonably close thereto so that they will serve the children residing thereon.

(b) If the Commissioner, on the basis of the minimum criteria in paragraph (a) of this section, determines under section 5(e) of the Act to waive or reduce the percentage increase requirement of section 5(c) of the Act with respect to children residing on Federal property, and/or the percentage increase requirement with respect to nonfederally connected children in section 5(d) of the Act:

(1) He shall determine which requirements he will waive or reduce and the extent of any such waiver or reduction; and

(2) The application will be processed under the Act and the regulations in this part, taking into consideration only the established federally impacted attendance area, but in no case shall payments hereunder exceed the amount computable on the basis of the district as a whole, taking into consideration the waivers or reductions approved by the Commissioner. $ 114.7 Criteria for waiver under sub

section 14(a) of the Act. The Commissioner's authority in section 14(a) of the Act to waive the percentage requirement in section 14(a) (1) will not be exercised unless:

(a) The applicant meets all conditions of eligibility under section 14 or, on the basis of the authorized waiver of the percentage requirement, would meet such conditions;

(b) The applicant makes a request to waive such percentage requirement; and

(C) Either (1) the applicant's jurisdictional area is countywide or is suffciently extensive as to be analogous to a countywide school system; there has been a concentration of children residing on Indian lands located in a remote or isolated area; and it would not be practicable to transport such children from the remote or isolated area to other existing school facilities of the applicant because of distance, topography, traffic, or climatic conditions, or other equally cogent reasons; or (2) there are other exceptional circumstances which require a waiver to avoid inequity and to avoid defeating the purpose of section 14.

§ 114.8 Determination of undue finan

cial burden. A determination under section 5(c) of undue financial burden on the taxing and borrowing authority of an applicant will be made on the basis of estimated pupil membership and the number of children without minimum school facilities as of the end of the 4-year increase period covered by the application. § 114.9 Membership of nonresident

pupils. For purposes of sections 5, 8, 9, and 14 of the Act and the regulations in this part, in determining an applicant's membership, a nonresident pupil who attends a school in the applicant district on a tuition or nontuition basis may be counted in the applicant's membership when a written agreement for such attendance has been entered into between the local educational agencies concerned, and if that agreement is approved by the Commissioner. 8 114.10 School facilities for children

whose membership is of temporary

duration only. (a) If the Commissioner determines that the membership of some of the children of the applicant, representing otherwise countable Federal increases under section 5 of the Act, will be of temporary duration only, as defined in $ 114.1(0), the membership of such children will be excluded in computing maximum payments under section 5.

(b) The Commissioner, when proper request therefor is made in a Part I application, (1) may make available to such applicant such temporary school facilities as may be necessary to take care of the membership of such children as the Commissioner determines will be members of the applicant's school system for a sufficient period of time to justify the expense; or (2) may, where the applicant gives assurance in a complete application that at least minimum school facilities will be provided for such children, pay (on such terms and conditions as he deems appropriate to carry out the purposes of the Act) to such applicant for use in constructing school facilities an amount not greater than the amount which he estimates will be necessary to make available temporary facilities for such children, but the amount so paid shall not exceed the cost, in the school district of the applicant, of constructing

minimum school facilities for such children. In no case will provision for such children be made unless they are deemed to be without minimum school facilities. $ 114.11 Certification of payments.

Payments to an applicant will be made only on the basis of a complete application satisfying conditions for payment under the Act and this part, and will be restricted in amount to the cost of providing minimum school facilities for unhoused children; however:

(a) With respect to payments under the Act (except section 14 thereof),

(1) The Federal share of the cost of a project which will be certified for payment shall, within the maximum otherwise payable under the Act (except as provided in section 8 thereof), be equal to the cost but shall in no case exceed the cost of constructing minimum school facilities in the school district of the applicant and shall in no case exceed the cost in such district of constructing minimum school facilities for the estimated number of children who will be in the membership of the schools of such applicant at the close of the second year following the increase period under consideration and who will otherwise be unhoused; and

(2) Nothing in this part shall be deemed to bar an applicant, with the approval of the State educational agency, from using for an approved project, in addition to the Federal grant, money otherwise obtained to provide a higher type or larger or better implemented school facility. The applicant will be required to show in such cases that the added cost is being thus independently met.

(b) Payments under section 14 of the Act will not exceed the portion of the cost of minimum school facilities which the Commissioner estimates is attributable to children who reside on Federal property, and which has not been, and is not to be, recovered by the applicant from other sources, including payments by the United States under any other provisions of the Act or any other law; and such payments may be upon such terms and in such amounts, subject to the provisions of section 14, as the Commissioner may consider to be in the public interest. $ 114.12 Additional payments under sec

tion 8 of the Act. Pursuant to the authority vested in the Commissioner by section 8 of the Act:

(a) Not to exceed 10 percent of any amount appropriated under the Act (exclusive of any sums appropriated for administration) is reserved and may be used by the Commissioner to make grants to applicants under the Act (except section 14 thereof) when (1) the application would be approved but for the applicant's inability, unless aided by such a grant, to finance the non-Federal share of the cost of a project; or (2) after the approval of the application the project cannot, without such grant, be completed because of flood, fire, or similar emergency affecting either the work on the project or the applicant's ability to finance the non-Federal share of the cost of the project.

(b) Under the authority of paragraph (a) (1) of this section, a complete application (except applications under section 14 of the Act and applications with respect to which the Commissioner has waived or reduced eligibility requirements under section 5(e) of the Act) may be considered for payment of part or all of the non-Federal share of the cost of any project which does not include more than minimum facilities for unhoused children: Provided, (1) That the application contains a request for payment hereunder; (2) that the estimated number of children countable for payment under section 5 of the Act for the 4-year increase period equals or exceeds the number obtained by taking 12 percent of the average daily membership of the applicant district for the base year applicable to the increase period under consideration, except that if 1 or more years in the increase period were included in a previous application for which payment has been made or may be made, the percent shall be 9 percent if 1 year was included; 6 percent if 2 years were included; 3 percent if 3 years were included; (3) that the applicant has exhausted all fiscal resources, including State aid, bonding authority, and Federal aid, which are practicably available to it and is unable to pay the non-Federal share of the cost of the project; (4) that it has been reached on the priority indices established by this part; and (5) that Federal money reserved under paragraph (a) of this section is available. The additional payment to the applicant under this provision shall not exceed the cost of providing minimum school facilities for the number of unhoused children as of the end of the 4-year increase period less

all financial resources practicably avail $ 114.14 Works of art. able to the applicant as of the same

The cost of works of art when provided period nor shall it exceed the difference

in an approved construction project between (i) the actual cost of providing

financed entirely, or in part, with Fedminimum facilities for the federally

eral funds under the Act shall not exconnected pupils eligible for payment

ceed 1 percent of the Federal share of under the Act, or the average cost in the

the total cost of the project, exclusive State of providing such facilities, which

of the cost of movable equipment: Proever is the lesser, and (ii) the Federal

vided, however, That nothing contained funds made available to the applicant

in this part shall be deemed to bar an under section 5 of the Act plus local and

applicant, with the approval of the State State funds which may be made avail

educational agency, from including able for this purpose.

works of art in excess of 1 percent of (c) Under the authority of paragraph

such total cost of a project with the use (a) (2) of this section, a request by the

of non-Federal money. applicant may be considered for the additional payment of part or all of the $ 114.15 School facilities accessible to, funds required to complete a project (to

and usable by, the handicapped. the extent that the completed project School facilities constructed under the will not provide more than minimum

Act, shall be, to the extent appropriate school facilities for unhoused children) in view of the uses to be made of the for which a project application under the facilities, accessible to and usable by Act has been approved: Provided, (1)

handicapped persons. Plans for conFederal money reserved under paragraph struction of minimum school facilities (a) of this section is available; (2) the will be evaluated in light of "American applicant cannot complete the project Standard Specifications for Making because of flood, fire, or similar emer

Buildings and Facilities Accessible to, gency affecting either the work on the

and Usable by, the Physically Handiproject or the applicant's ability to fi capped,” approved by the American nance the non-Federal share of the cost

Standards Association, Inc., and by other of the project; and (3) that the appli standards which the Secretary may pre

cant has exhausted all financial re scribe or approve, affecting ease and ť sources practically available to it, includ safety of access, egress, and use of school

ing State aid, bonding authority, and facilities by handicapped persons. Federal aid. The payment to be made § 114.16 Excellence of architecture and

under this paragraph shall not exceed design of minimum school facilities. | the amount required to pay the addi

Local educational agencies shall give tional cost caused by the emergency less due consideration to excellence of archiany financial resources of the applicant tecture and design when constructing practicably available for such purpose, minimum school facilities under the Act. including the proceeds of any insurance. The applicant shall furnish an appro$ 114.13 Priority and approval of appli

priate assurance to this effect and any cations; conditioned upon readiness

other evidence that such consideration to proceed with construction.

has been given as may reasonably be reInitial approval of a project applica

quired by the Commissioner. tion meeting the conditions for approval

§ 114.17 Flood plains. under the Act and under this part will In the planning of the construction of be subject to cancellation in the event school facilities under the Act, each local the applicant is not ready to proceed educational agency shall, in accordwith construction within 120 days after ance with the provisions of Executive the date of initial approval unless such Order No. 11296 of August 10, 1966 (31 period is extended by the Commissioner F.R. 10663) and such rules and regulafor good cause shown; and the appli tions as may be issued by the Departcant's rights to approval and payment ment of Health, Education, and Welmay be subordinated by reason thereof fare, to carry out those provisions to other project applications of lower evaluate flood hazards in connection rank or the applicant may forfeit with such school facilities and, as far its priority in the discretion of the as practicable, avoid the uneconomic, Commissioner.

hazardous, or unnecessary use of flood

plains in connection with such construction. $ 114.18 Preceding provisions not ex

haustive of jurisdiction of the Com

missioner. No provisions of this part now or hereafter promulgated shall be deemed exhaustive of the jurisdiction of the Commissioner under the Act. The provisions of this part may be modified or further regulations may be issued hereafter as circumstances may warrant. Subpart B-Establishment of Cutoff

Dates for Filing Applications $ 114.20 Establishment of cutoff dates.

The cutoff dates for applications during each fiscal year will be set by the Commissioner by notices published in the FEDERAL REGISTER.

Subpart C-Retention of Records 8 114.30 Retention of records.

Local educational agencies receiving Federal payments under the Act are required to keep intact all records supporting claims for such Federal payments until the completion of the fiscal audit or administrative reviews which are regularly conducted by Federal agencies, or for 3 years following the fiscal year to which the claim relates, whichever is later, except as otherwise notified. The records involved in any claims or expenditures which have been questioned should be further maintained until necessary adjustments have been made and the adjustments have been reviewed and cleared by the Federal agencies making such reviews. The Commissioner does not require that records be maintained beyond this period unless, under special circumstances, the grantee agency is specifically advised that certain record materials should be retained until specific questions are settled.

Sec. 115.2 Provisions not exhaustive of juris

diction of the Commissioner. 115.3 Definitions.

Subpart BApplications 115.10 Applications. 115.11 Final date for filing applications for

financial assistance from funds appropriated for fiscal year 1959 and

thereafter. 115.12 Applications under sections 2, 3, and

4 received after deadline not con

sidered for payment. 115.13 Notification to applicants.

Subpart C—Payment 115.20 Changes in boundaries, classification

and governing authority of appli

cants. 115.21 Payment under section 3 when per

centage eligibility requirement is

not met. 115.22 Election provision of section 4(c). 115.23 Payments. 115.24 Payments of financial assistance

under sections 2, 3, and 4 from

fiscal year appropriations. Subpart D-Generally Comparable Districts;

Local Contribution Rate 115.30 Determination of generally compara

ble school districts. 116.31 Computation of local contribution

rate in continental United States. 115.32 Increase in or special local con

tribution rate. Subpart E-Records and Reports Required by the

Commissioner 115.40 Records and reports required of

applicants. 115.41 Interim reports. 115.42 Necessity and effect of final reports

by applicants under sections 2, 3,

or 4. 115.43 Retention of records. 115.44 Reports from other Federal agencies. Subpart F-Arrangements Under Section 6 of the

Act 115.50 Proposal for arrangements for cer

tain children residing on Federal

property 115.51 Determination by the Commissioner. 115.52 Arrangements under section 6(b)

and section 6(c). 115.53 Arrangements. 115.54 Expenditures. 115.55 Reports. 115.56 Termination of arrangements.

AUTHORITY: The provisions of this part 115 issued under secs. 1-9, 64 Stat. 1100; 20 U.S.C. 236-244.

SOURCE: The provisions of this part 115 appear at 24 F.R. 60, Jan. 3, 1959, unless otherwise noted.

PART 115-FINANCIAL ASSISTANCE

FOR CURRENT EXPENDITURES
AFTER JUNE 30, 1958, OF LOCAL
EDUCATIONAL AGENCIES IN
AREAS AFFECTED BY FEDERAL
ACTIVITIES AND ARRANGEMENTS
FOR FREE PUBLIC EDUCATION OF
CERTAIN CHILDREN RESIDING ON
FEDERAL PROPERTY

Subpart A-Scope and Definitions
Sec.
115.1 Scope.

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