[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR222.176]

[Page 558-559]
 
                           TITLE 34--EDUCATION
 
              SECONDARY EDUCATION, DEPARTMENT OF EDUCATION
 
PART 222_IMPACT AID PROGRAMS--Table of Contents
 
  Subpart L_Impact Aid Discretionary Construction Grant Program Under 
                       Section 8007(b) of the Act
 
Sec. 222.176  What definitions apply to this program?

    (a) In addition to the terms referenced in 34 CFR 222.2, the 
following definitions apply to this program:
    Bond limit means the cap or limit that a State may impose on an 
LEA's capacity for bonded indebtedness. For applicants in States that 
place no limit on an LEA's capacity for bonded indebtedness, the 
Secretary shall consider the LEA's bond limit to be 10 percent of its 
total assessed valuation.
    Construction means
    (1) Preparing drawings and specifications for school facilities;
    (2) Repairing, renovating, or altering school facilities;
    (3) Extending school facilities as described in Sec. 222.172(b);
    (4) Erecting or building school facilities, as described in Sec. 
222.172(c); and
    (5) Inspections or supervision related to school facilities 
projects.
    Emergency means a school facility condition that is so injurious or 
hazardous that it either poses an immediate threat to the health and 
safety of the facility's students and staff or can be reasonably 
expected to pose such a threat in the near future. These conditions can 
include deficiencies in the following building features: a roof; 
electrical wiring; a plumbing or sewage system; heating, ventilation, or 
air conditioning; the need to bring a school facility into compliance 
with fire and safety codes, or providing accessibility for the disabled 
as part of a larger project.
    Level of bonded indebtedness means the amount of long-term debt 
issued by an LEA divided by the LEA's bonding capacity.
    Minimal capacity to issue bonds means that the total assessed value 
of real property in an LEA that may be taxed for school purposes is at 
least $25,000,000 but not more than $50,000,000.
    Modernization means the repair, renovation, alteration, or extension 
of a public elementary or secondary school facility in order to support 
a contemporary educational program for an LEA's students in normal 
capacity, and in accordance with the laws, standards, or common 
practices in the LEA's State.
    No practical capacity to issue bonds means that the total assessed 
value of real property in an LEA that may be taxed for school purposes 
is less than $25,000,000.
    School facility means a building used to provide free public 
education, including instructional, resource, food service, and general 
or administrative

[[Page 559]]

support areas, so long as they are a part of the facility.
    Total assessed value per student means the assessed valuation of 
real property per pupil (AVPP), unless otherwise defined by an LEA's 
State.
    (b) The following terms used in this subpart are defined or 
referenced in 34 CFR 77.1:

Applicant
Application
Award
Contract
Department
EDGAR
Equipment
Fiscal year
Grant
Grantee
Project
Public
Real property
Recipient

(Authority: 20 U.S.C. 7707(b) and 1221e-3)

                               Eligibility