[Federal Register: December 13, 1996 (Volume 61, Number 241)]
[Notice]
[Page 65923-65924]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[[Page 65923]]
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Part VIII
Department of Education
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Impact Aid; Notice
[[Page 65924]]
DEPARTMENT OF EDUCATION
Impact Aid
AGENCY: Department of Education.
ACTION: Notice announcing a special application and amendment filing
date for certain Impact Aid fiscal years (FYs) 1995 and 1996 section
8002 grants and FY 1997 section 8003 grants.
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SUMMARY: The Secretary announces a special filing date of January 31,
1997, for the submission of applications or amendments for certain
Impact Aid FYs 1995 and 1996 section 8002 grants and FY 1997 section
8003 grants. Impact Aid regulations at 34 CFR 222.3 and 222.5 specify
that the annual application deadline is January 31 of the fiscal year
in which a local educational agency (LEA) seeks assistance under
section 8002 or section 8003. Amendments for those applications must be
made no later than the end of the fiscal year in which an LEA seeks
assistance under section 8002 or section 8003. However, as a result of
several legislative amendments to the Impact Aid statute (Title VIII of
the Elementary and Secondary Education Act) in September 1996, it is
necessary to provide additional time to the LEAs described below, which
are affected by the amendments, to file new or amended applications for
certain fiscal years for which the general annual filing dates have
passed.
EFFECTIVE DATE: This notice announcing a special filing date of January
31, 1997, for the specified Impact Aid FYs 1995 and 1996 section 8002
grants and FY 1997 section 8003 grants is effective December 13, 1996.
The deadline date for the transmittal of comments by State Educational
Agencies is February 15, 1997.
SUPPLEMENTARY INFORMATION: The categories of Impact Aid applicants and
the basis and fiscal years for which new or amended applications for
past years may be filed are summarized in the table at the end of this
section and explained in detail as follows:
(1) Section 1 of the Impact Aid Technical Amendments of 1996 (Pub.
L. 104-195) added section 8002(g) to the Impact Aid statute. This
provision covers any LEA that has been consolidated since 1938, and
that applied for and was determined eligible based on any of its
formerly separate LEAs under section 8002's predecessor (section 2(c)
of Pub. L. 81-874) at any time before FY 1995. It allows such an LEA to
have its current eligibility and payment determined on the basis of
whichever of its formerly separate districts it chooses. Local
educational agencies affected by this provision may now amend or file
new section 8002 applications for FY 1995 or 1996, or both.
(2) Section 5 of the Impact Aid Amendments of 1996 specifies that,
beginning with FY 1997, eligibility and payments under section 8003(f)
for heavily impacted districts should be determined based on student,
revenue, and tax data from the second preceding fiscal year rather than
on current year data.
As a result of this provision, any affected section 8003 applicant
may now file a section 8003(f) application for FY 1997.
(3) Section 376 of the National Defense Authorization Act of 1997
(Pub. L. 104-201) amended section 8003(a)(3) of the Impact Aid statute
to allow an LEA that educates children in categories (F) or (G)
(formerly identified as ``civilian b's'') to count those children for
eligibility and payment if those children number at least 1,000 in
average daily attendance or equal at least 10 percent of the LEA's
total average daily attendance. Formerly, the statutorily required
threshold was 2,000 children and 15 percent of total average daily
attendance. Any section 8003 applicant affected by this statutory
revision may now file or amend an FY 1997 section 8003 application.
In all three cases, the specified section 8002 or 8003 applications
or amendments for past fiscal years must be filed by January 31, 1997.
The 60-day extended deadline provision (with a ten percent payment
reduction penalty) in section 8005(d) of the Impact Aid statute is not
applicable to applications or amendments that are submitted under this
extension as a result of the Congressional amendments for otherwise
closed fiscal years specified in the box below.
New Impact Aid Application and Amendment Filing Dates
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Type of applicant Basis for extension Affected fiscal year New filing date
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Section 8002..................... Eligibility based on FY 1995 or 1996, or January 31, 1997.
former districts for both.
consolidated districts
previously eligible
under section 2(c) of
P.L. 81-874.
Section 8003(f).................. Eligibility and payments FY 1997............. January 31, 1997.
for heavily impacted
LEAs based on second
preceding year student,
revenue or tax data.
Section 8003..................... Eligibility and payment FY 1997............. January 31, 1997.
for children under
section 8003(a)(1) (F)
or (G) based on such
children numbering at
least 1,000 in average
daily attendance or
equal to at least 10
percent of total average
daily attendance.
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Waiver of Rulemaking
Section 222.3 of Title 34 of the Code of Federal Regulations, which
establishes the annual January 31 Impact Aid application deadline, is
currently in effect. However, due to the legislative amendments, the
application period for certain prior fiscal years needed to be
extended. Because this amendment makes a procedural change for this
year only as a result of unique circumstances, proposed rulemaking is
not required under 5 U.S.C. 553(b)(A). In addition, the Secretary has
determined under 5 U.S.C. 553(b)(B) that proposed rulemaking on this
one-time limited suspension of the regulatory filing date is
impracticable, unnecessary, and contrary to the public interest.
FOR APPLICATIONS OR INFORMATION CONTACT: Impact Aid Program, U.S.
Department of Education, 600 Independence Avenue SW, 4200 Portals,
Washington, DC 20202-6244. Telephone: (202) 260-3858. Individuals who
use a telecommunications device for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8
p.m., Eastern time, Monday through Friday.
Program Authority: 20 U.S.C. 7705.
(Catalog of Federal Domestic Assistance Number 84.041, Impact Aid)
Dated: December 9, 1996.
Gerald N. Tirozzi,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 96-31610 Filed 12-12-96; 8:45 am]
BILLING CODE 4000-01-P