[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: 34CFR222.189]

[Page 562-563]
 
                           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. 222.189  What funding priority does the Secretary give to applications?

    (a) Except as provided in paragraph (b) of this section, the 
Secretary gives funding priority to applications in the following order:
    (1) First priority is given to applications described under Sec. 
222.177 and, among those applicants for emergency grants, priority is 
given to applications based on a rank order of the application quality 
factors referenced in Sec. 222.190, including the severity of the 
emergency.
    (2) After all eligible first-priority applications are funded, 
second priority is given to applications described under Sec. Sec. 
222.178 and 222.179 and, among those applicants for emergency grants, 
priority is given to applications based on a rank order of the 
application quality factors referenced in Sec. 222.190, including the 
severity of the emergency.
    (3) Third priority is given to applications described under Sec. 
222.180 and, among those applicants for modernization grants, priority 
is given to applications based on a rank order of the application 
quality factors referenced in Sec. 222.190, including the severity of 
the need for modernization.
    (4) Fourth priority is given to applications described under 
Sec. Sec. 222.181 and 222.182 and, among those applicants for 
modernization grants, priority is given to applications based on a rank 
order of the application quality factors referenced in Sec. 222.190, 
including the severity of the need for modernization.
    (b)(1) The Secretary makes awards in each priority described above 
until the Secretary is unable to make an approvable award in that 
priority.
    (2) If the Secretary is unable to fund a full project or a viable 
portion of a project, the Secretary may continue to fund down the list 
of high-ranking applicants within a priority.
    (3) The Secretary applies any remaining funds to awards in the next 
priority.
    (4) If an applicant does not receive an emergency or modernization 
grant in a fiscal year, the Secretary will, subject to the availability 
of funds and to the priority and award criteria, consider that 
application in the following year along with the next fiscal year's pool 
of applications.


[[Page 563]]


    Example: The first five applicants in priority one have been funded. 
Three hundred thousand dollars remain available. Three unfunded 
applications remain in that priority. Application 6 requires a 
minimum of $500,000, application 7 requires $400,000, and 
application 8 requires $300,000 for a new roof and $150,000 for 
related wall and ceiling repairs. Applicant 8 agrees to accept 
the remaining $300,000 since the roof upgrade can be separated into a 
viable portion of applicant 8's total project. Applications 
6 and 7 will be retained for consideration in the next 
fiscal year and will compete again with that fiscal year's pool of 
applicants. Applicant 8 will have to submit a new application 
in the next fiscal year if it wishes to be considered for the unfunded 
portion of the current year's application.

(Authority: 20 U.S.C. 7707(b))