For the FY 2012 competition, we are accepting applications under the first priority only.

An LEA is eligible to receive an emergency grant under the first priority of section 8007(b) of the Act if it meets both of the following two criteria:

• The LEA is eligible to receive formula construction funds for the fiscal year under section 8007(a) of the Act (20 U.S.C. 7707(a)) because it enrolls a high percentage (at least 50 percent) of federally connected children in average daily attendance (ADA) who either reside on Indian lands or who have a parent on active duty in the U.S. uniformed services.
• The LEA has a school facility emergency that the Secretary has determined poses a health or safety hazard to students and school personnel.

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.

Additionally, the LEA must meet one of the following three criteria:

• The LEA has no practical capacity to issue bonds (as defined in 34 CFR 222.176);
• The LEA has minimal capacity to issue bonds (as defined in 34 CFR 222.176) and has used at least 75 percent of its bond limit; or
• The LEA is eligible to receive funds for the fiscal year for heavily impacted districts under section 8003(b)(2) of the Act (20 U.S.C. 7707(b)(2))

Please see the regulations and the decision tree for detailed eligibility requirements.