In general, to be eligible to apply for an emergency construction grant, an LEA must:

• Enroll a high proportion (at least 40 percent) of federally connected children in average daily attendance (ADA) who reside on Indian lands or who reside on Federal property and have a parent on active duty in the U.S. uniformed services;
• Have a school that enrolls a high proportion of one of these types of students; or
• Be eligible for funding for heavily impacted LEAs under section 8003(b)(2).

The Secretary must also consider an LEA's total assessed value of real property that may be taxed for school purposes, its use of bonding capacity, and the nature and severity of the emergency.

To be eligible to apply for a modernization construction grant, an LEA must:

• Be eligible for Impact Aid funding in general;
• Be eligible for funding for heavily impacted LEAs under section 8003(b)(2);
• Enroll a high proportion (at least 40 percent) of federally connected children in ADA who reside on Indian lands or who reside on Federal property and have a parent on active duty in the U.S. uniformed services;
• Have a school that enrolls a high proportion of one of these types of students; or
• Be eligible for funding under section 8002 (payments for Federal property).

Please see the regulations and the statute for detailed eligibility requirements.