[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: 34CFR222.22]

[Page 516-517]
 
                           TITLE 34--EDUCATION
 
              SECONDARY EDUCATION, DEPARTMENT OF EDUCATION
 
PART 222_IMPACT AID PROGRAMS--Table of Contents
 
  Subpart B_Payments for Federal Property Under Section 8002 of the Act
 
Sec. 222.22  How does the Secretary treat compensation from Federal activities for purposes of determining eligibility and payments?

    (a) An LEA with an otherwise approvable application is eligible to 
receive assistance under section 8002 for a fiscal year only if the LEA 
meets the requirements in subpart A of these regulations and Sec. 
222.21, and is not substantially compensated, for the loss in revenue 
resulting from Federal ownership of real property by increases in 
revenue accruing to the LEA during the previous fiscal year from Federal 
activities with respect to the eligible Federal property in the LEA.
    (b) The Secretary considers that an LEA is substantially compensated 
by increases in revenue from Federal activities with respect to the 
eligible Federal property if--
    (1) The LEA received new or increased revenue during the preceding

[[Page 517]]

fiscal year that is generated directly from the eligible Federal 
property or activities in or on that property; and
    (2) The revenue described in paragraph (b)(1) of this section equals 
or exceeds the maximum payment amount under section 8002(b) for the 
fiscal year for which the LEA seeks assistance.
    (c) If an LEA described in paragraph (a) of this section received 
revenue described in paragraph (b)(1) of this section during the 
preceding fiscal year that is less than the maximum payment amount 
calculated under section 8002(b)(2) for the fiscal year for which the 
LEA seeks assistance, the Secretary reduces that maximum payment amount 
by the amount of that revenue received by the LEA.
    (d) For purposes of this section, the amount of revenue that an LEA 
receives during the previous fiscal year from activities conducted on 
Federal property does not include the following:
    (1) Payments received by the agency from the Secretary of Defense to 
support--
    (i) The operation of a domestic dependent elementary or secondary 
school; or
    (ii) The provision of a free public education to dependents of 
members of the Armed Forces residing on or near a military installation.
    (2) Federal payments-in-lieu-of-taxes (PILOTs or PILTs), including 
PILTs for Federal entitlement lands authorized by Public Law 97-258, 31 
U.S.C. 6901-6906.

(Authority: 20 U.S.C. 7702(a)(2) and (b)(1)(A))

[60 FR 50778, Sept. 29, 1995, as amended at 62 FR 35414, July 1, 1997]