cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
259 rows where part_number = 222 sorted by section_id
This data as json, CSV (advanced)
Suggested facets: title_name, chapter, subchapter, part_name, subpart, subpart_name
part_number 1
- 222 · 259 ✖
| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 14:14:4.0.1.1.16.0.1.1 | 14 | Aeronautics and Space | II | A | 222 | PART 222—INTERMODAL CARGO SERVICES BY FOREIGN AIR CARRIERS | § 222.1 Applicability. | FAA | This part applies to all air transportation of property that includes both air movement by a direct foreign air carrier and surface transportation to or from any point within the United States (hereafter referred to as “intermodal cargo services”). | ||||||
| 14:14:4.0.1.1.16.0.1.2 | 14 | Aeronautics and Space | II | A | 222 | PART 222—INTERMODAL CARGO SERVICES BY FOREIGN AIR CARRIERS | § 222.2 Scope of permissible intermodal cargo services. | FAA | [ER-1228, 46 FR 32556, June 24, 1981, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15930, Apr. 16, 2019] | (a) Under its foreign air carrier permit, a direct foreign air carrier may provide or control the surface portion of intermodal cargo services within a zone extending 35 miles from the boundary of the airport or city it is authorized to serve. A direct foreign air carrier shall not provide or control the surface portion of intermodal cargo services outside of this 35-mile zone unless authorized to do so by the Department in accordance with §§ 222.3, 222.4 and 222.5. (b) A direct foreign air carrier shall be considered to control the surface portion of intermodal cargo services if it has or publicly represents that it has any responsibility for or control over the movement of, or has any ownership, controlling or exclusive dealing relationship with, the carrier actually providing the surface transportation. (c) Except as provided in paragraphs (a) and (b) of this section with respect to control by a direct foreign air carrier, any U.S. or foreign indirect air carrier, surface carrier or surface freight forwarder may provide the surface portion of intermodal cargo services without limitation as to geographic area within the United States. (d) The Department may withdraw the authority of an indirect foreign air carrier to provide the surface portion of intermodal cargo services, or the authority of a direct foreign air carrier to offer intermodal cargo services pursuant to joint fares with other carriers providing the surface transportation, at any time, with or without hearing, if the Department finds it in the public interest. | |||||
| 14:14:4.0.1.1.16.0.1.3 | 14 | Aeronautics and Space | II | A | 222 | PART 222—INTERMODAL CARGO SERVICES BY FOREIGN AIR CARRIERS | § 222.3 Application for Statement of Authorization. | FAA | [ER-1228, 46 FR 32556, June 24, 1981, as amended by ER-1348, 48 FR 31635, July 11, 1983; Doc. No. DOT-OST-2014-0140, 84 FR 15930, Apr. 16, 2019] | (a) Application for a Statement of Authorization shall be filed with the Department's Foreign Air Carrier Licensing Division, Office of International Aviation, in duplicate, on OST Form 4500. In most cases, the Department will act upon applications for Statements of Authorization within 60 days. (b) Persons objecting to an application for a Statement of Authorization shall file their objections with the Foreign Air Carrier Licensing Division, Office of International Aviation, within 28 days of the filing date of the application. The Department will list the names and nationalities of all persons applying for Statements of Authorization in its Weekly Summary of Filings. (c) An application shall include a copy of any bilateral agreement, memorandum of consultations, or diplomatic note or letter, in support of the authority requested. Documents that appear in official U.S. publications may be incorporated by reference. | |||||
| 14:14:4.0.1.1.16.0.1.4 | 14 | Aeronautics and Space | II | A | 222 | PART 222—INTERMODAL CARGO SERVICES BY FOREIGN AIR CARRIERS | § 222.4 Procedure on receipt of application for Statement of Authorization. | FAA | [ER-1228, 46 FR 32556, June 24, 1981, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15930, Apr. 16, 2019] | (a) After review of an application form filed under § 222.3, the Department will take one or more of the following actions: (1) Indicate by stamp on OST Form 4500 the effective date of the Statement of Authorization, and return to the carrier the duplicate copy of Form 4500 as evidence of approval under this part; (2) Request additional information from the applicant; (3) Set the application for notice and hearing procedures; (4) Disapprove the application or approve it subject to such terms, conditions, or limitations as may be required by the public interest; or (5) Reject the application on the grounds that there is no agreement by the United States authorizing the proposed services. (b) An order disapproving an application or subjecting it to conditions or limitations shall be transmitted to the President for stay or disapproval. If the President does not stay or disapprove the Department's order, it shall become effective on the 31st day after transmittal to the President, or within any longer time period established in the order. | |||||
| 14:14:4.0.1.1.16.0.1.5 | 14 | Aeronautics and Space | II | A | 222 | PART 222—INTERMODAL CARGO SERVICES BY FOREIGN AIR CARRIERS | § 222.5 Cancellation or conditioning of a Statement of Authorization. | FAA | [ER-1228, 46 FR 32556, June 24, 1981, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15930, Apr. 16, 2019] | A Statement of Authorization may be canceled or made subject to additional terms, conditions, or limitations, at any time, with or without hearing, if the Department finds that it is in the public interest to do so. An order canceling or conditioning a Statement of Authorization shall be submitted to the President for stay or disapproval and shall become effective on the 31st day after transmittal or within any longer time period established by the Department. | |||||
| 20:20:1.0.2.8.18.1.155.1 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | A | Subpart A—General | § 222.1 Introduction. | SSA | This part sets forth and describes the family relationships that may make a claimant eligible for an annuity or lump-sum payment under the Railroad Retirement Act and furnishes the basic rules for determining when those relationships exist. Such relationships may result from a current or terminated marriage or through birth, death or adoption. Other relevant relationships are having a child in care, dependency or lack of it, contributing to support, living in the same household, and being under court order to contribute to support. | ||||
| 20:20:1.0.2.8.18.1.155.2 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | A | Subpart A—General | § 222.2 Definitions. | SSA | As used in this part— Annuity means a payment under the Railroad Retirement Act due to an entitlement claimant for a calendar month and made to him or her on the first day of the following month. Apply means to sign a form or statement that the Railroad Retirement Board accepts as an application for an annuity or lump-sum payment under the rules set out in part 217 of this chapter. Child has differing definitions for annuity and lump-sum payment purposes. See § 222.31. Claimant means a person who files an application for an annuity or lump-sum payment or for whom an application is filed. Eligible means that a person would meet all the requirements for payment of an annuity or lump-sum payment as of a given date but has not yet applied therefor. Employee means an employee as defined in part 203 of this chapter. Final divorce means a divorce that completely dissolves a marriage and restores the parties to the status of single persons; it is also referred to as an absolute divorce. Finally divorced person means a person whose marriage has been terminated or dissolved by a final divorce. Legal impediment means that there was a defect in the procedures followed in a marriage ceremony or that a previous marriage of the employee or spouse had not ended at the time of the ceremony. Lump-sum payment means any of the following payments under the Railroad Retirement Act: lump-sum death payment, residual lump-sum, annuities due but unpaid at death, or lump-sum refund payment (see part 234 of this chapter). Marriage means the social and legal relationship of husband and wife for family relationship purposes, as well as the act by which the married state is effected. Permanent home means the employee's true and fixed home (legal domicile); it is the place to which the employee intends to return whenever he or she is absent therefrom. Relationship means a family connection by blood, marriage, or adoption between the employee and another person who is a claimant. Spouse means the husband or wife of th… | ||||
| 20:20:1.0.2.8.18.1.155.3 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | A | Subpart A—General | § 222.3 Other regulations related to this part. | SSA | This part is related to a number of other parts of this chapter: Part 216 describes when a person is eligible for an annuity under the Railroad Retirement Act. Part 217 describes how to apply for an annuity or for lump-sum payments. Part 218 sets forth the beginning and ending dates of annuities. Part 219 sets out what evidence is necessary to prove eligibility and the relationships described in this part. Part 220 describes when a person is eligible for a disability annuity under the Railroad Retirement Act or a period of disability under the Social Security Act. Part 225 explains how primary insurance amounts (PIA's) are computed. Part 226 outlines the computation of employee and spouse annuities. Part 228 describes how survivor annuities are computed. Part 229 describes when and how an employee and spouse annuity may be increased under the social security overall minimum provision. Part 234 describes lump-sum payments under the Railroad Retirement Act. | ||||
| 20:20:1.0.2.8.18.1.155.4 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | A | Subpart A—General | § 222.4 Homicide of employee. | SSA | No person convicted of the felonious and intentional homicide of an employee can be entitled to an annuity or lump-sum payment based on the employee's earnings record (service and compensation). Further, the convicted person is considered not to exist in deciding the rights of other persons to annuity or lump-sum payments. A minor may be denied a survivor annuity or lump-sum payment on the earnings record of a parent if the minor was convicted of intentionally causing the parent's death by an act which would be considered a felony if committed by an adult. | ||||
| 20:20:1.0.2.8.18.2.155.1 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | B | Subpart B—Relationship as Wife, Husband, or Widow(er) | § 222.10 When determinations of relationship as wife, husband, widow or widower of employee are made. | SSA | (a) The claimant's relationship as the wife or husband of an employee is determined when the claimant applies for an annuity, or when there is a claim which would include a husband or wife in the computation of the social security overall minimum provision, or when a claim is filed for a lump-sum payment. If a deemed marriage (see § 222.14) is to be determined, the husband, wife, or widow(er) must also be found to be or to have been living in the same household as the employee (see § 222.16). (b) The claimant's relationship as the widow(er) of an employee is determined as of the date on which the employee died. If the claimant applied for a lump-sum payment as the widow(er) of the employee, one of the following determinations is made: (1) Whether the widow(er) was living in the same household as the employee, as defined in § 222.16 of this part, at the time of the employee's death, if the claimant is applying for the 1974 Act lump-sum death payment. (2) Whether the widow(er) was living with the employee, as defined in § 222.15 of this part, at the time of the employee's death, if the claimant is applying for the 1937 Act lump-sum death payment, annuities due but unpaid at death, the residual lump-sum payment, or a lump-sum refund payment. (c) In order for a claimant who has applied for a monthly survivor annuity to establish a deemed marriage, the claimant must have been living in the same household as the employee at the time of the employee's death (see § 222.16). (d) If the husband, wife, widow(er), remarried widow(er), or surviving divorced spouse of the employee is a claimant for a monthly annuity on a basis other than age or disability, a child-in-care determination is required (see §§ 222.17 and 222.18). | ||||
| 20:20:1.0.2.8.18.2.155.2 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | B | Subpart B—Relationship as Wife, Husband, or Widow(er) | § 222.11 Determination of marriage relationship. | SSA | A claimant will be considered to be the husband, wife, or widow(er) of an employee if the law of the State in which the employee has or had a permanent home would recognize that the claimant and employee were validly married, or if a deemed marriage is established. (a) Generally, State courts will find that a claimant and employee were validly married if— (1) The employee and claimant were married in a civil or religious ceremony (see § 222.12) or (2) The employee and claimant live together in a common-law marriage relationship which is recognized under applicable State law (see § 222.13), and no impediment to the marriage existed at the time it took place. (b) A deemed marriage relationship may be established as described in § 222.14. | ||||
| 20:20:1.0.2.8.18.2.155.3 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | B | Subpart B—Relationship as Wife, Husband, or Widow(er) | § 222.12 Ceremonial marriage relationship. | SSA | A valid ceremonial marriage is one which would be recognized as valid by the courts of the State in which the marriage ceremony took place. Generally, State law provides various procedures which must be followed, such as designation of who may perform the marriage ceremony, what licenses or witnesses are required, and similar rules. A ceremonial marriage may be a civil or religious ceremony, or a ceremony which follows tribal customs, Chinese customs, or similar traditional procedures. | ||||
| 20:20:1.0.2.8.18.2.155.4 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | B | Subpart B—Relationship as Wife, Husband, or Widow(er) | § 222.13 Common-law marriage relationship. | SSA | Under the laws of some States, a common-law marriage is one which is not solemnized in a formal ceremony, but is generally evidenced by a consummated agreement to marry between two persons legally capable of making a marriage contract, followed by cohabitation. The laws of the various States which recognize common-law marriage delineate specific factors which must be present in order to establish a valid common-law marriage in those States. | ||||
| 20:20:1.0.2.8.18.2.155.5 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | B | Subpart B—Relationship as Wife, Husband, or Widow(er) | § 222.14 Deemed marriage relationship. | SSA | [54 FR 42949, Oct. 19, 1989, as amended at 65 FR 20726, Apr. 18, 2000] | If a ceremonial or common-law marriage relationship cannot be established under State law, a claimant may still be found to have the relationship as spouse of an employee based upon a deemed marriage. A claimant is deemed to be the wife, husband, or widow(er) of the employee if the person's marriage to the employee would have been valid under State law except for a legal impediment, and all of the following requirements are met: (a) The claimant married the employee in a civil or religious ceremony. (b) The claimant went through the marriage ceremony in good faith. Good faith means that at the time of the ceremony the claimant did not know that a legal impediment existed, or if the claimant did know, he or she thought that it would not prevent a valid marriage. (c) The claimant was living in the same household as the employee (see § 222.16) when he or she applied for the spouse annuity or when the employee died. | |||
| 20:20:1.0.2.8.18.2.155.6 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | B | Subpart B—Relationship as Wife, Husband, or Widow(er) | § 222.15 When spouse is living with employee. | SSA | A spouse, or widow(er) is living with the employee if— (a) He or she and the employee are living in the same household; or (b) The employee is contributing to the support of the spouse or widow(er); or (c) The employee is under court order to contribute to the support of the spouse or widow(er). | ||||
| 20:20:1.0.2.8.18.2.155.7 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | B | Subpart B—Relationship as Wife, Husband, or Widow(er) | § 222.16 When spouse is living in the same household with employee. | SSA | (a) Living in the same household means that the employee and spouse customarily live together as a married couple in the same residence. (b) The employee and spouse are also considered members of the same household when they live apart but expect to resume or continue living together after a temporary separation. (c) If the employee and spouse were separated solely for medical reasons, the Board will consider them “living in the same household” even if the separation was likely to be permanent. | ||||
| 20:20:1.0.2.8.18.2.155.8 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | B | Subpart B—Relationship as Wife, Husband, or Widow(er) | § 222.17 “Child in care” when child of the employee is living with the claimant. | SSA | [54 FR 42949, Oct. 19, 1989, as amended at 90 FR 43910, Sept. 11, 2025] | “Child in care” means a child who has been living with the claimant for at least 30 consecutive days unless— (a) The child is in active military service; (b) The child is 18 years old or older and is not disabled; (c) The child is 18 years old or older with a mental disability and the claimant does not exercise parental control and responsibility; or (d) The child is 18 years old or older with a physical disability, but it is not necessary for the claimant to perform personal services for the child. (e) Parental control and responsibility for the care and welfare of the child means that the parent supervises the child's activities and makes important decisions about the child's needs either alone or with another person. Personal services are services such as dressing, feeding and managing money which the child cannot do alone because of a disability. | |||
| 20:20:1.0.2.8.18.2.155.9 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | B | Subpart B—Relationship as Wife, Husband, or Widow(er) | § 222.18 “Child in care” when child of the employee is not living with the claimant. | SSA | [54 FR 42949, Oct. 19, 1989, as amended at 90 FR 43910, Sept. 11, 2025] | (a) When child is in care. A child living apart from a claimant is in that claimant's care if— (1) The child lives apart or is expected to live apart from the claimant for not more than six months; or (2) The child is under 18 years old, the claimant supervises the child's activities and makes important decisions about his or her needs, and one of the following circumstances applies: (i) The child is living apart because of attendance at school but generally spends a vacation of at least 30 consecutive days with the claimant each year, and, if the claimant and the child's other parent are separated, the school must look to the claimant for decisions about the child's welfare. (ii) The child is living apart because of the claimant's employment but the claimant makes regular and substantial contributions to the child's support. “Contributing to support” is defined in § 222.42. (iii) The child is living apart because of the child's or the claimant's physical disability; or (3) The child is 18 years old or older and is mentally disabled and the claimant supervises the child's activities, makes important decisions about the child's needs, and helps in the child's upbringing and development. (b) When child is not in care. A child living apart from a claimant is not in the claimant's care if— (1) The child is in active military service; or (2) The child is living with his or her other parent; or (3) A court order removed the child from the claimant's custody and control; or (4) The claimant gave the right to custody and control of the child to someone else; or (5) The claimant is mentally disabled. | |||
| 20:20:1.0.2.8.18.3.155.1 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | C | Subpart C—Relationship as Divorced Spouse, Surviving Divorced Spouse, or Remarried Widow(er) | § 222.20 When determination of relationship as divorced spouse, surviving divorced spouse, or remarried widow(er) is made. | SSA | (a) Divorced spouse. The claimant's relationship as the divorced spouse of an employee is determined when the purported divorced spouse applies for an annuity, or when there is a claim which would include a divorced spouse in the computation of the social security overall minimum provision. Such a determination is also made when a spouse annuitant age 62 or over secures a final divorce from the employee after 10 years of marriage. (b) Surviving divorced spouse. The claimant's relationship as the surviving divorced spouse of an employee is determined when the purported surviving divorced spouse applies for an annuity on the basis of age, disability, or having a child in care. Such a determination is also made when there is a divorced spouse annuitant and the employee dies. (c) Remarried widow(er). The claimant's relationship as a remarried widow(er) of an employee is determined when the purported remarried widow(er) applies for an annuity. Such a determination is also made when a widow(er) who is receiving an annuity remarries after age 60, or when a widow(er) who is receiving a disability annuity remarries after age 50. | ||||
| 20:20:1.0.2.8.18.3.155.2 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | C | Subpart C—Relationship as Divorced Spouse, Surviving Divorced Spouse, or Remarried Widow(er) | § 222.21 When marriage is terminated by final divorce. | SSA | A final divorce, often referred to as an absolute divorce, completely dissolves the marriage relationship and restores the parties to the status of single persons. A legal separation, qualified or preliminary divorce, divorce from bed and board, interlocutory decree of divorce, or similar court order is not considered a final divorce for family relationship and benefit entitlement purposes. | ||||
| 20:20:1.0.2.8.18.3.155.3 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | C | Subpart C—Relationship as Divorced Spouse, Surviving Divorced Spouse, or Remarried Widow(er) | § 222.22 Relationship as divorced spouse. | SSA | A claimant will be considered to be the divorced spouse of an employee if— (a) His or her marriage to the employee has been terminated by a final divorce; and (b) He or she is not married (if the claimant remarried after the divorce from the employee, the later marriage has been terminated by death, final divorce, or annulment); and (c) He or she had been validly married to the employee, as set forth in § 222.11, for a period of 10 years immediately before the date the divorce became final. The claimant meets this requirement even if the claimant and employee were divorced within the ten-year period, provided that the claimant and employee were remarried no later than the calendar year immediately following the year in which the divorce took place. | ||||
| 20:20:1.0.2.8.18.3.155.4 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | C | Subpart C—Relationship as Divorced Spouse, Surviving Divorced Spouse, or Remarried Widow(er) | § 222.23 Relationship as surviving divorced spouse. | SSA | A claimant will be considered to be the surviving divorced spouse of a deceased employee if the conditions in either paragraph (a) or (b) of this section are met: (a) Age or disability. The claimant applied for an annuity on the basis of age or disability, and the conditions set forth in § 222.22 are met. (b) Child in care. The claimant applied for an annuity on the basis of having a child in care, and— (1) His or her marriage to the employee has been terminated by a final divorce; and (2) He or she is not married (if the claimant remarried after the divorce from the employee, the later marriage has been terminated by death, final divorce, or annulment); and (3) He or she either— (i) Was the natural parent of the employee's child; or (ii) Had been married to the employee when either the employee or the claimant legally adopted the other's child or when they both legally adopted a child who was then under 18 years of age. | ||||
| 20:20:1.0.2.8.18.3.155.5 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | C | Subpart C—Relationship as Divorced Spouse, Surviving Divorced Spouse, or Remarried Widow(er) | § 222.24 Relationship as remarried widow(er). | SSA | (a) New eligibility. A claimant will have the relationship of a remarried widow(er) if he or she is the widow(er), as discussed in § 222.11, of an employee and the claimant— (1) Remarried after attaining age 60, or remarried after attaining age 50 and after the date on which he or she became disabled; or (2) Remarried before attaining age 60, but is now unmarried, or remarried before attaining age 50 or before the date on which he or she became disabled, but is now unmarried. (b) Reentitlement. A claimant will have the relationship of a remarried widow(er) if he or she remarries after his or her entitlement to an annuity as a widow(er) has been established, and the claimant— (1) Remarries after attaining age 60, or remarries after attaining age 50 and after the date on which he or she became disabled; or (2) Is entitled to an annuity based upon having a child of the employee in care and remarries, but this marriage is to a person who is entitled to a retirement, disability, widow(er)'s, mother's, father's, parent's, or disabled child's benefit under the Railroad Retirement Act or Social Security Act. | ||||
| 20:20:1.0.2.8.18.4.155.1 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | D | Subpart D—Relationship as Child | § 222.30 When determinations of relationship as child are made. | SSA | (a) Determinations will be made regarding a person's relationship as the child of the employee and that person's dependency on the employee (see subpart F of this part) when— (1) The wife or husband of an employee applies for a spouse's annuity based on having the employee's child in care; or (2) The employee's annuity can be increased under the social security overall minimum provision based on the child; or (3) The employee dies and the claimant applies for a child's annuity. (b) A determination will be made regarding a claimant's relationship as the child of the employee when the claimant applies for a share of a lump-sum payment as a child. | ||||
| 20:20:1.0.2.8.18.4.155.2 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | D | Subpart D—Relationship as Child | § 222.31 Relationship as child for annuity and lump-sum payment purposes. | SSA | [65 FR 20726, Apr. 18, 2000] | (a) Annuity claimant. When there are claimants under paragraph (a)(1), (a)(2), or (a)(3) of § 222.30, a person will be considered the child of the employee when that person is— (1) The natural or legally adopted child of the employee (see § 222.33); or (2) The stepchild of the employee; or (3) The grandchild or step-grandchild of the employee or spouse; or (4) The equitably adopted child of the employee. (b) Lump-sum payment claimant. A claimant for a lump-sum payment must be one of the following in order to be considered the child of the employee: (1) The natural child of the employee; (2) A child legally adopted by the employee (this does not include any child adopted by the employee's widow or widower after the employee's death); or (3) The equitably adopted child of the employee. For procedures on how a determination of the person's relationship to the employee is made, see §§ 222.32-222.33. | |||
| 20:20:1.0.2.8.18.4.155.3 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | D | Subpart D—Relationship as Child | § 222.32 Relationship as a natural child. | SSA | [65 FR 20726, Apr. 18, 2000] | A claimant will be considered the natural child of the employee for both annuity and lump-sum payment purposes if one of the following sets of conditions is met: (a) State inheritance law. Under relevant state inheritance law, the claimant could inherit a share of the employee's personal estate as the employee's natural child if the employee were to die without leaving a will as described in paragraph (e) of this section; (b) Natural child. The claimant is the employee's natural son or daughter, and the employee and the claimant's mother or father went through a marriage ceremony which would have been valid except for a legal impediment; (c) By order of law. The claimant's natural mother or father has not married the employee, but— (1) The employee has acknowledged in writing that the claimant is his or her son or daughter; or (2) A court has decreed that the employee is the mother or father of the claimant; or (3) A court has ordered the employee to contribute to the claimant's support because the claimant is the employee's son or daughter; and, (4) Such acknowledgment, court decree, or court order was made not less than one year before the employee became entitled to an annuity, or in the case of a disability annuitant prior to his or her most recent period of disability, or in case the employee is deceased, prior to his or her death. The written acknowledgment, court decree, or court order will be considered to have occurred on the first day of the month in which it actually occurred. (d) Other evidence of relationship. The claimant's natural mother or father has not married the employee, but— (1) The claimant has submitted evidence acceptable in the judgment of the Board, other than that discussed in paragraph (c) of this section, that the employee is his or her natural mother or father; and (2) The employee was living with the claimant or contributing to the claimant's support, as discussed in §§ 222.58 and 222.42 of this part, when— (i) The spouse applied for an annuity based on having the … | |||
| 20:20:1.0.2.8.18.4.155.4 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | D | Subpart D—Relationship as Child | § 222.33 Relationship resulting from legal adoption. | SSA | [54 FR 42949, Oct. 19, 1989, as amended at 65 FR 20727, Apr. 18, 2000] | (a) Adopted by employee. A claimant will be considered to be the child of the employee for both annuity and lump-sum payment purposes if the employee legally adopted the claimant in accordance with applicable State law. Legal adoption differs from equitable adoption in that in the case of legal adoption formal adoption proceedings have been completed in accordance with applicable State law and such proceedings are not defective. (b) Adopted by widow or widower. A claimant who is legally adopted by the widow or widower of the employee after the employee's death will be considered to be the child of the employee for annuity but not for lump-sum payment purposes if— (1) Either the claimant is adopted by the widow or widower within two years after the date on which the employee died, or the employee commenced proceedings to legally adopt the claimant before the employee's death; and (2) The claimant was living in the employee's household at the time of the employee's death; and (3) The claimant was not receiving regular support contributions from any other person other than the employee or spouse at the time of the employee's death. (c) The adoption laws of the state or foreign country where the adoption took place, not the state inheritance laws, will determine whether the claimant is the employee's adopted child. | |||
| 20:20:1.0.2.8.18.4.155.5 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | D | Subpart D—Relationship as Child | § 222.34 Relationship resulting from equitable adoption. | SSA | In many States, where a legal adoption proceeding was defective under State law or where a contemplated legal adoption was not completed, a claimant may be considered to be an equitably adopted child. A claimant will have the relationship of an equitably adopted child for annuity and lump-sum payment purposes if, in addition to meeting the other requirements of this part— (a) The employee had agreed to adopt the claimant; and (b) The natural parents or the person legally responsible for the care of the claimant agreed to the adoption; and (c) The employee and the claimant lived together as parent and child; and (d) The agreement to adopt is recognized under applicable State law such that, if the employee were to die without leaving a will, the claimant could inherit a share of the employee's personal estate as the child of the employee. | ||||
| 20:20:1.0.2.8.18.4.155.6 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | D | Subpart D—Relationship as Child | § 222.35 Relationship as stepchild. | SSA | A claimant will be considered to have the relationship of stepchild of an employee, and will be considered a child for annuity but not for lump-sum benefit purposes if— (a) The claimant's natural or adoptive parent married the employee after the claimant's birth; and (b) The marriage between the employee and the claimant's parent is a valid marriage under applicable State law (see §§ 222.12 and 222.13), or would be valid except for a legal impediment; and (c) The employee and the claimant's parent were married at least one year before the date— (1) On which the spouse applies for an annuity based on having the employee's child in care; or (2) On which the employee's annuity can be increased under the social security overall minimum provision; or (d) The employee and the claimant's parent were married at least nine months before the date on which the employee died if the claimant is applying for a child's annuity; or if the employee and the claimant's parent were married less than nine months, the employee was reasonably expected to live for nine months, and— (1) The employee's death was accidental; or (2) The employee died in the line of duty as a member of the armed forces of the United States; or (3) The widow(er) was previously married to the employee for at least nine months. | ||||
| 20:20:1.0.2.8.18.4.155.7 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | D | Subpart D—Relationship as Child | § 222.36 Relationship as grandchild or stepgrandchild. | SSA | A claimant will have the relationship of grandchild or stepgrandchild of an employee, or the grandchild or stepgrandchild of an employee's spouse, and be considered a child for annuity purposes if the requirements in both paragraph (a) and either paragraph (b) or (c) of this section are met. (a) The claimant is the natural child, adopted child, or stepchild of a child of an employee, or of a child of the employee's spouse as defined in this subpart; (b) The claimant's natural or adoptive parents are deceased or are disabled, as defined in section 223(d) of the Social Security Act, in the month in which— (1) The employee, who is entitled to an age and service or disability annuity, under the Railroad Retirement Act, would also be entitled to an age benefit under section 202(a) of the Social Security Act or a disability benefit under section 223 of the Social Security Act, if his or her railroad compensation were considered wages under that Act; or (2) The employee dies; or (3) The employee's period of disability begins, if the employee has a period of disability which continues until he or she could be entitled to a social security benefit as described in paragraph (b)(1) of this section or until he or she dies. (c) The claimant was legally adopted in the United States by the employee's widow(er) after the employee's death, and the claimant's natural or adoptive parent or stepparent was not living in the employee's household and making regular contributions to the claimant's support at the time the employee died. A grandchild or stepgrandchild does not have the relationship of “child” for lump-sum payment purposes (see § 222.44). | ||||
| 20:20:1.0.2.8.18.5.155.1 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | E | Subpart E—Relationship as Parent, Grandchild, Brother or Sister | § 222.40 When determinations of relationship are made for parent, grandchild, brother or sister. | SSA | (a) Parent. The claimant's relationship as a parent of the employee is determined when the claimant applies for an annuity or for lump-sum payments. (b) Grandchild. The claimant's relationship as a grandchild, rather than as a child, of the employee is determined when the claimant applies for lump-sum payments. (c) Brother or sister. The claimant's relationship as a brother or sister of the employee is determined when the claimant applies for lump-sum payments. | ||||
| 20:20:1.0.2.8.18.5.155.2 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | E | Subpart E—Relationship as Parent, Grandchild, Brother or Sister | § 222.41 Determination of relationship and support for parent. | SSA | (a) Annuity claimant. For purposes of applying for an annuity, a claimant is considered the employee's parent when the claimant— (1) Is the natural mother or father of the employee, and is considered the employee's parent under the law of the State in which the employee had a permanent home when the employee died; or (2) Is a person who legally adopted the employee before the employee became 16 years old; or (3) Is a stepparent who married the employee's natural or adoptive parent before the employee became 16 years old (the marriage must be valid under the law of the State in which the employee had a permanent home when the employee died); and (4) Was receiving at least one-half support from the employee (see §§ 222.42 and 222.43 of this part) either when the employee died or at the beginning of the period of disability, if the employee had a period of disability. (b) Lump-sum payment claimant. For purposes of applying for lump-sum payments, a claimant is considered the employee's parent when he or she— (1) Is the natural mother or father of the employee, and is considered the employee's parent under applicable State law; or (2) Legally adopted the employee, if thereby recognized as a parent under applicable State law; but (3) The claimant need not have received one-half support from the employee. | ||||
| 20:20:1.0.2.8.18.5.155.3 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | E | Subpart E—Relationship as Parent, Grandchild, Brother or Sister | § 222.42 When employee is contributing to support. | SSA | (a) An employee is contributing to the support of a person if the employee gives cash, goods, or services to help support such person. Support includes food, clothing, housing, routine medical care, and other ordinary and necessary living expenses. The value of any goods which the employee contributes shall be based upon the replacement cost of those goods at the time they are contributed. If the employee provides services that would otherwise require monetary payment, the cash value of the employee's services may be considered a contribution to support. (b) The employee is contributing to the support of a person if that person receives an allotment, allowance, or benefit based upon the employee's military pay, veteran's pension or compensation, social security earnings, or railroad compensation. (c) Contributions must be made regularly and must be large enough to meet an important part of the person's ordinary and necessary living expenses. If the employee provides only occasional gifts or donations for special purposes, they will not be considered contributions for support. Although the employee's contributions must be made on a regular basis, temporary interruptions caused by circumstances beyond the employee's control, such as illness or unemployment, will be disregarded unless during these interruptions someone else assumes responsibility for support of the person on a regular basis. | ||||
| 20:20:1.0.2.8.18.5.155.4 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | E | Subpart E—Relationship as Parent, Grandchild, Brother or Sister | § 222.43 How the one-half support determination is made. | SSA | (a) Amount of contributions. The employee provides one-half support to a person if the employee makes regular contributions to that person's support, and the amount of the contributions is equal to or in excess of one-half of the person's ordinary and necessary living expenses. Ordinary and necessary living expenses are the costs for food, clothing, housing, routine medical care, and similar necessities. A contribution may be in cash, goods, or services (see § 222.42 of this part). For example, an employee pays rent and utilities amounting to $6,000 per year on an apartment in which his mother resides. In addition, the employee's mother receives $3,600 per year in social security benefits which she uses to pay for her food, clothing and medical care. The mother's total necessary living expenses are $9,600 ($6,000 + $3,600). Since the employee contributes $6,000 toward these expenses, he is contributing in excess of one-half of his mother's support. (b) Reasonable period of time. The employee is not providing at least one-half of a person's support unless the employee has made contributions for a reasonable period of time. Ordinarily, the Board will consider a reasonable period of time to be the 12-month period immediately preceding the time when the one-half support requirement must be satisfied. However, if the employee provided one-half or more of the person's support for at least 3 months of the 12-month period, and was forced to stop or reduce contributions because of circumstances beyond his or her control, such as illness or unemployment, and no one else took over responsibility for providing at least one-half of the person's support on a permanent basis, three months shall be considered a reasonable period of time. | ||||
| 20:20:1.0.2.8.18.5.155.5 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | E | Subpart E—Relationship as Parent, Grandchild, Brother or Sister | § 222.44 Other relationship determinations for lump-sum payments. | SSA | Other claimants will be considered to have the relationships to the employee shown below for lump-sum payment purposes: (a) Grandchildren. A grandchild is a separate class of beneficiary to be considered for lump-sum payments and is not a child of the employee; he or she is a child of the employee's son or daughter as determined under State law. A stepgrandchild is not included in this class of beneficiary. (b) Brother or Sister. “Brother” or “Sister” means a full brother or sister or a half brother or half sister, but not a stepbrother or stepsister. | ||||
| 20:20:1.0.2.8.18.6.155.1 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | F | Subpart F—Child Support and Dependency | § 222.50 When child dependency determinations are made. | SSA | (a) Dependency determination. One of the requirements for a child's annuity or for increasing an employee or spouse annuity under the social security overall minimum provision on the basis of the presence of a child in the family group is that the child be dependent upon the employee. The dependency requirements and the time when they must be met are explained in §§ 222.51 through 222.57. (b) Related determinations. To prove a child's dependency, an applicant may be asked to show that at a specific time the child lived with the employee, that the child received contributions for his or her support from the employee, or that the employee provided at least one-half of the child's support. The terms “living with”, “contributing to support”, and “one-half support” are defined in §§ 222.58, 222.42, an 222.43. These determinations are required when— (1) A natural child or legally adopted child of the employee is adopted by someone else; or (2) The child claimant is the stepchild, grandchild, or equitably adopted child of the employee. | ||||
| 20:20:1.0.2.8.18.6.155.2 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | F | Subpart F—Child Support and Dependency | § 222.51 When a natural child is dependent. | SSA | The employee's natural child, as defined in § 222.32, is considered to be dependent upon the employee. However, if the child is legally adopted by someone else during the employee's lifetime and, after the adoption, a child's annuity or other annuity or annuity increase is applied for on the basis of the employee's earnings record and the relationship of the child to the employee, the child will be considered dependent upon the employee (the natural parent) only if he or she was either living with the employee or the employee was contributing to the child's support when either: (a) A spouse's annuity begins; or (b) The employee's annuity can be increased under the social security overall minimum provision; or (c) The employee dies; or (d) If the employee had a period of disability which lasted until he or she could have become entitled to an age or disability benefit under the Social Security Act (treating the employee's railroad compensation as wages under that Act), at the beginning of the period of disability or at the time the employee could have become entitled to the benefit. | ||||
| 20:20:1.0.2.8.18.6.155.3 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | F | Subpart F—Child Support and Dependency | § 222.52 When a legally adopted child is dependent—general. | SSA | (a) During employee's lifetime. If the employee adopts a child before he or she could become entitled to a social security benefit (treating his or her railroad compensation as wages under that Act), the child is considered dependent upon the employee. If the employee adopts a child, unless the child is his natural child or stepchild, after he or she could become entitled to an old age or disability benefit under the Social Security Act (treating his or her railroad compensation as wages under that Act), the child is considered dependent on the employee only if the requirements of § 222.53 are met. (b) After employee's death. If the surviving spouse of an employee adopted a child after the employee's death, the child is considered dependent on the employee if either— (1) The employee began proceedings to adopt the child prior to his or her death, or the surviving spouse adopted the child within two years after the employee's death; and (2) The child was living in the employee's household at the time of the employee's death; and (3) The child was not receiving regular contributions from any person, including any public or private welfare organization, other than the employee or spouse at the time of the employee's death. | ||||
| 20:20:1.0.2.8.18.6.155.4 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | F | Subpart F—Child Support and Dependency | § 222.53 When a legally adopted child is dependent—child adopted after entitlement. | SSA | [89 FR 47461, June 3, 2024] | A child who is not the employee's natural child or stepchild, and who is adopted by the employee after the employee could become entitled to an old age or disability benefit under the Social Security Act (treating his or her railroad compensation as wages under that Act), is considered dependent on the employee during the employee's lifetime only if— (a) The child had not attained age 18 when adoption proceedings were commenced, and the child's adoption was issued by a court of competent jurisdiction within the United States; or (b) The child had attained age 18 before adoption proceedings were commenced, the child's adoption was issued by a court of competent jurisdiction within the United States, and the child was living with or receiving at least one-half of the child's support from the employee for the year immediately preceding the month in which the adoption was issued. | |||
| 20:20:1.0.2.8.18.6.155.5 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | F | Subpart F—Child Support and Dependency | § 222.54 [Reserved] | SSA | |||||
| 20:20:1.0.2.8.18.6.155.6 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | F | Subpart F—Child Support and Dependency | § 222.55 When a stepchild is dependent. | SSA | [54 FR 42949, Oct. 19, 1989, as amended at 62 FR 47138, Sept. 8, 1997] | An employee's stepchild, as described in § 222.35, is considered dependent on the employee if the stepchild receiving at least one-half of his or her support from the employee at one of the times shown in § 222.51. | |||
| 20:20:1.0.2.8.18.6.155.7 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | F | Subpart F—Child Support and Dependency | § 222.56 When a grandchild or stepgrandchild is dependent. | SSA | An employee's grandchild or stepgrandchild, as described in § 222.36, is considered dependent on the employee if the requirements in both paragraphs (a) and (b), or paragraph (c) of this section are met: (a) The grandchild or stepgrandchild was living with the employee before the grandchild or stepgrandchild attained age 18. (b) The grandchild or stepgrandchild is living with the employee in the United States and receives at least one-half of his or her support from the employee for the year before the month in which— (1) The employee could become entitled to an age and service or disability annuity under the Social Security Act (treating his or her railroad compensation as wages under that Act); or (2) The employee dies; or (3) The employee becomes entitled to a period of disability that lasts until he or she could become entitled to a social security benefit as described above or until he or she dies. (c) In the case of a grandchild or stepgrandchild born within the one-year period referred to in paragraph (b) of this section, at the close of such period the child must have been living with and receiving at least one-half of his or her support from the employee for substantially all of the period that began on the date the grandchild or stepgrandchild was born. “Substantially all” is defined in § 222.53. | ||||
| 20:20:1.0.2.8.18.6.155.8 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | F | Subpart F—Child Support and Dependency | § 222.57 When an equitably adopted child is dependent. | SSA | An employee's equitably adopted child, as defined in § 222.34, is considered dependent upon the employee if the employee was either living with or contributing to the support of the child at the time of his or her death. If the equitable adoption is found to have occurred after the employee could have become entitled to an old age or disability benefit under the Social Security Act (treating his or her railroad compensation as wages under that Act), the child is not considered dependent on the employee during the employee's lifetime. If the equitable adoption took place before such time, the child is dependent on the employee if the employee was living with or contributing to the support of the child at one of the times shown in § 222.51. | ||||
| 20:20:1.0.2.8.18.6.155.9 | 20 | Employees' Benefits | II | B | 222 | PART 222—FAMILY RELATIONSHIPS | F | Subpart F—Child Support and Dependency | § 222.58 When a child is living with an employee. | SSA | A child is living with the employee if the child normally lives in the same household with the employee and the employee has parental control and authority over the child's activities. The child is considered to be “living with” the employee while they are living apart if they expect to live together again after a temporary separation. A temporary separation may include the employee's absence because of working away from home or hospitalization. However, the employee must have parental control and authority over the child during the period of temporary separation. A child who is in active military service or in prison is not “living with” the employee, since the employee does not have parental control over the child. | ||||
| 33:33:3.0.1.1.7.0.1.1 | 33 | Navigation and Navigable Waters | II | 222 | PART 222—ENGINEERING AND DESIGN | § 222.2 Acquisition of lands downstream from spillways for hydrologic safety purposes. | USACE | [43 FR 35481, Aug. 10, 1978. Redesignated at 60 FR 19851, Apr. 21, 1995] | (a) Purpose. This regulation provides guidance on the acquisition of lands downstream from spillways for the purpose of protecting the public from hazards imposed by spillway discharges. Guidance contained herein is in addition to ER 405-2-150. (b) Applicability. This regulation is applicable to all OCE elements and all field operating agencies having civil works responsibilities. (c) Reference. ER 405-2-150. (d) Discussion. A policy of public safety awareness will be adhered to in all phases of design and operation of dam and lake projects to assure adequate security for the general public in areas downstream from spillways. A real estate interest will be required in those areas downstream of a spillway where spillway discharge could create or significantly increase a hazardous condition. The real estate interest will extend downstream to where the spillway discharge would not significantly increase hazards. A real estate interest is not required in areas where flood conditions would clearly be nonhazardous. (e) Hydrologic criteria. The construction and operation of a dam and spillway may create or aggravate a potential hazard in the spillway discharge area. Therefore, an appropriate solution should be developed in a systematic manner. All pertinent facts need to be considered to assure that the risk to non-Federal interests does not exceed conditions that would prevail without the project. General hydrologic engineering considerations are as follows: (1) Probability of spillway use. Pool elevation versus probability of filling relationships can change materially after initial construction. Spillway use may be more frequent than anticipated. The infrequent use of a spillway is not a basis for the lack of adequate downstream real estate interest. (2) Changes in project functions. Water resource needs within river basins change and pool levels may be adjusted to provide more conservation storage, particularly when high-level limited-service spillways are provided. Such changes normally increase… | ||||||
| 33:33:3.0.1.1.7.0.1.2 | 33 | Navigation and Navigable Waters | II | 222 | PART 222—ENGINEERING AND DESIGN | § 222.3 Clearances for power and communication lines over reservoirs. | USACE | [43 FR 14013, Apr. 4, 1978. Redesignated at 60 FR 19851, Apr. 21, 1995] | (a) Purpose. This regulation prescribes the minimum vertical clearances to be provided when relocating existing or constructing new power and communication lines over waters of reservoir projects. (b) Applicability. This regulation applies to all field operating agencies having Civil Works responsibilities. (c) References. (1) ER 1180-1-1 (Section 73). (2) National Electrical Safety Code (ANSI C2), available from IEEE Service Center, 445 Hoes Lane, Piscataway, N.J. 08854. (d) Definitions —(1) Design high water level. The design high water level above which clearances are to be provided shall be either: (i) The elevation of the envelope profile of the 50 year flood, or flood series, routed through the reservoir with a full conservation pool after 50 years of sedimentation, or (ii) the elevation of the top of the flood control pool, whichever is higher. (2) Low point of line. The low point of the line shall be the elevation of the lowest point of the line taking into consideration all factors including temperature, loading and length of spans as outlined in the National Electrical Safety Code. (3) Minimum vertical clearance. The minimum vertical clearance shall be the distance from the design high water lever (paragraph (d)(1) of this section) to the low point of the line (paragraph (d)(2) of this section). (e) Required clearances. Minimum vertical clearances for power and communication lines over reservoirs shall not be less than required by section 23, rule 232 of the latest revision of the National Electrical Safety Code (ANSI C2). (1) In general, minimum vertical clearances shall not be less than shown in Table 232-1, Item 7, of ANSI C2, even for reservoirs or areas not suitable for sailboating or where sailboating is prohibited. (2) If clearances not in accordance with Table 232-1 of ANSI C2 are proposed, justification for the clearances should be provided. (f) Navigable waters. For parts of reservoirs that are designated as navigable waters of the United States, greater clearances w… | ||||||
| 33:33:3.0.1.1.7.0.1.3 | 33 | Navigation and Navigable Waters | II | 222 | PART 222—ENGINEERING AND DESIGN | § 222.4 Reporting earthquake effects. | USACE | [44 FR 43469, July 25, 1979. Redesignated at 60 FR 19851, Apr. 21, 1995] | (a) Purpose. This regulation states policy, defines objectives, assigns functions, and establishes procedures for assuring the structural integrity and operational adequacy of major Civil Works structures following the occurrence of significant earthquakes. It primarily concerns damage surveys following the occurrences of earthquakes. (b) Applicability. This regulation is applicable to all field operating agencies having Civil Works responsibilities. (c) References. (1) ER 1110-2-100 (§ 222.2). (2) ER 1110-2-1806. (3) ER 1110-2-8150. (4) ER 1130-2-419. (5) State-of-the-Art for Assessing Earthquake Hazards in the United States—WES Miscellaneous Papers S-73-1—Reports 1 thru 14. Available from U.S. Army Engineer Waterways Experiment Station, P.O. Box 631, Vicksburg, Mississippi 39180. (d) Policy. Civil Works structures which could be caused to fail or partially fail by an earthquake and whose failure or partial failure would endanger the lives of the public and/or cause substantial property damage, will be evaluated following potentially damaging earthquakes to insure their continued structural stability, safety and operational adequacy. These structures include dams, navigation locks, powerhouses, and appurtenant structures, (intakes, outlet works, buildings, tunnels, paved spillways) which are operated by the Corps of Engineers and for which the Corps is fully responsible. Also included are major levees, floodwalls, and similar facilities designed and constructed by the Corps of Engineers and for whose structural safety and stability the Corps has a public obligation to be aware of although not responsible for their maintenance and operation. The evaluation of these structures will be based upon post-earthquake inspections which will be conducted to detect conditions of significant structural distress and to provide a basis for timely initiation of restorative and remedial measures. (e) Post-earthquake inspections and evaluation surveys —(1) Limitations of present knowledge. The design of struct… | ||||||
| 33:33:3.0.1.1.7.0.1.4 | 33 | Navigation and Navigable Waters | II | 222 | PART 222—ENGINEERING AND DESIGN | § 222.5 Water control management (ER 1110-2-240). | USACE | [47 FR 44544, Oct. 8, 1982, as amended at 52 FR 15804, Apr. 30, 1987; 52 FR 23816, June 25, 1987; 57 FR 35757, Aug. 11, 1992. Redesignated at 60 FR 19851, Apr. 21, 1995] | (a) Purpose. This regulation prescribes policies and procedures to be followed by the U.S. Army Corps of Engineers in carrying out water control management activities, including establishment of water control plans for Corps and non-Corps projects, as required by Federal laws and directives. (b) Applicability. This regulation is applicable to all field operating activities having civil works responsibilities. (c) References. Appendix A lists U.S. Army Corps of Engineers publications and sections of Federal statutes and regulations that are referenced herein. (d) Authorities —(1) U.S. Army Corps of Engineers projects. Authorities for allocation of storage and regulation of projects owned and operated by the Corps of Engineers are contained in legislative authorization acts and referenced project documents. These public laws and project documents usually contain provisions for development of water control plans, and appropriate revisions thereto, under the discretionary authority of the Chief of Engineers. Some modifications in project operation are permitted under congressional enactments subsequent to original project authorization. Questions that require interpretations of authorizations affecting regulation of specific reservoirs will be referred to CDR USACE (DAEN-CWE-HW), WASH DC 20314, with appropriate background information and analysis, for resolution. (2) Non-Corps projects. The Corps of Engineers is responsible for prescribing flood control and navigation regulations for certain reservoir projects constructed or operated by other Federal, non-Federal or private agencies. There are several classes of such projects: Those authorized by special acts of Congress; those for which licenses issued by the Federal Energy Regulatory Commission (formerly Federal Power Commission) provide that operation shall be in accordance with instructions of the Secretary of the Army; those covered by agreements between the operating agency and the Corps of Engineers; and those that fall under the terms of genera… | ||||||
| 33:33:3.0.1.1.7.0.1.5 | 33 | Navigation and Navigable Waters | II | 222 | PART 222—ENGINEERING AND DESIGN | § 222.6 National Program for Inspection of Non-Federal Dams. | USACE | [44 FR 55336, Sept. 26, 1979, as amended at 45 FR 18925, Mar. 24, 1980. Redesignated at 60 FR 19851, Apr. 21, 1995] | (a) Purpose. This regulation states objectives, assigns responsibilities and prescribes procedures for implementation of a National Program for Inspection of Non-Federal Dams. (b) Applicability. This regulation is applicable to all Divisions and Districts having Civil Works functions. (c) References. (1) The National Dam Inspection Act, Pub. L. 92-367, 8 August 1972. (2) Freedom of Information Act, Pub. L. 87-487, 4 July 1967. (3) ER 500-1-1. (d) Authority. The National Dam Inspection Act, Public Law 92-367, 8 August 1972 authorizes the Secretary of the Army, acting through the Chief of Engineers, to carry out a national program of inspection of non-Federal dams for the purpose of protecting human life and property. (e) Scope. The program provides for: (1) An update of the National Inventory of Dams. (2) Inspection of the following non-Federal dams (the indicated hazard potential categories are based upon the location of the dams relative to developed areas): (i) Dams which are in the high hazard potential category (located on Federal and non-Federal lands). (ii) Dams in the significant hazard potential category believed by the State to represent an immediate danger to the public safety due to the actual condition of the dam. (iii) Dams in the significant hazard potential category located on Federal lands. (iv) Specifically excluded from the national inspection program are: (A) Dams under the jurisdiction of the Bureau of Reclamation, the Tennessee Valley Authority, the International Boundary and Water Commission and the Corps of Engineers and (B) Dams which have been constructed pursuant to licenses issued under the authority of the Federal Power Act, and (C) Dams which have been inspected within the 12-month period immediately prior to the enactment of this act by a State agency and which the Governor of such State requests be excluded from inspection. (f) Objectives. The objectives of the program are: (1) To update the National Inventory of Dams by 30 September 1980. (2) To perfor… | ||||||
| 34:34:1.2.2.1.3.1.138.1 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | A | Subpart A—General | § 222.1 What is the scope of this part? | ED | The regulations in this part govern the provision of financial assistance under title VIII of the Elementary and Secondary Education Act of 1965 (ESEA) to local educational agencies (LEAs) in areas affected by Federal activities. | |||||
| 34:34:1.2.2.1.3.1.138.10 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | A | Subpart A—General | § 222.10 How long must a local educational agency retain records? | ED | An LEA must retain the records described in § 222.9 until the later of— (a) Three years after the last payment for a fiscal year; or (b) If the records have been questioned on Federal audit or review, until the question is finally resolved and any necessary adjustments to payments have been made. | |||||
| 34:34:1.2.2.1.3.1.138.11 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | A | Subpart A—General | § 222.11 How does the Secretary recover overpayments? | ED | [60 FR 50778, Sept. 29, 1995, as amended at 62 FR 35412, July 1, 1997] | Except as otherwise provided in §§ 222.12-222.18, the Secretary adjusts for and recovers overpayments as follows: (a) If the Secretary determines that an LEA has received a payment in excess of what it should have received under the Act and this part, the Secretary deducts the amount of the overpayment from subsequent payments for which the LEA is eligible under the Act. (b)(1) If the LEA is not eligible for subsequent payments under the Act, the LEA must promptly refund the amount of the overpayment to the Secretary. (2) If the LEA does not promptly repay the amount of the overpayment or promptly enter into a repayment agreement with the Secretary, the Secretary may use the procedures in 34 CFR part 30 to offset that amount against payments from other Department programs or, under the circumstances permitted in part 30, to request that another agency offset the debt. | ||||
| 34:34:1.2.2.1.3.1.138.12 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | A | Subpart A—General | § 222.12 What overpayments are eligible for forgiveness under section 8012 of the Act? | ED | [62 FR 35412, July 1, 1997] | (a) The Secretary considers as eligible for forgiveness under section 8012 of the Act (“eligible overpayment”) any amount that is more than an LEA was eligible to receive for a particular fiscal year under the Act, except for the types of overpayments listed in § 222.13. (b) The Secretary applies §§ 222.14-222.18 in forgiving, in whole or part, an LEA's obligation to repay an eligible overpayment that resulted from error either by the LEA or the Secretary. | ||||
| 34:34:1.2.2.1.3.1.138.13 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | A | Subpart A—General | § 222.13 What overpayments are not eligible for forgiveness under section 8012 of the Act? | ED | [80 FR 33162, June 11, 2015] | The Secretary does not consider as eligible for forgiveness under section 8012 of the Act any overpayment caused by an LEA's failure to expend or account for funds properly under the following laws and regulations: (a) Section 8003(d) of the Act (implemented in subpart D of this part) for certain federally connected children with disabilities. (b) Section 8007 of the Act for construction. | ||||
| 34:34:1.2.2.1.3.1.138.14 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | A | Subpart A—General | § 222.14 What requirements must a local educational agency meet for an eligible overpayment to be forgiven in whole or part? | ED | [62 FR 35413, July 1, 1997] | The Secretary forgives an eligible overpayment, in whole or part as described in § 222.18, if— (a) An LEA submits to the Department's Impact Aid Program office a written request for forgiveness by the later of— (1) Thirty days from the LEA's initial receipt of a written notice of the overpayment; or (2) September 2, 1997; (b) The LEA submits to the Department's Impact Aid Program office the information and documentation described in § 222.16 by the deadlines described in paragraph (a) of this section, or other time limit established in writing by the Secretary due to lack of availability of the information and documentation; and (c) The Secretary determines under § 222.17 that— (1) In the case either of an LEA's or the Department's error, repayment of the LEA's total eligible overpayments will result in an undue financial hardship on the LEA and seriously harm the LEA's educational program; or (2) In the case of the Department's error, determined on a case-by-case basis, repayment would be manifestly unjust (“manifestly unjust repayment exception”). | ||||
| 34:34:1.2.2.1.3.1.138.15 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | A | Subpart A—General | § 222.15 How are the filing deadlines affected by requests for other forms of relief? | ED | [62 FR 35413, July 1, 1997] | Unless the Secretary (or the Secretary's delegatee) extends the applicable time limit in writing— (a) A request for forgiveness of an overpayment under § 222.14 does not extend the time within which an applicant must file a request for an administrative hearing under § 222.151; and (b) A request for an administrative hearing under § 222.151, or for reconsideration under § 222.152, does not extend the time within which an applicant must file a request for forgiveness under § 222.14. | ||||
| 34:34:1.2.2.1.3.1.138.16 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | A | Subpart A—General | § 222.16 What information and documentation must a local educational agency submit for an eligible overpayment to be considered for forgiveness? | ED | [62 FR 35413, July 1, 1997] | (a) Every LEA requesting forgiveness must submit, within the time limits established under § 222.14(b), the following information and documentation for the fiscal year immediately preceding the date of the forgiveness request (“preceding fiscal year”): (1) A copy of the LEA's annual financial report to the State. (2) The LEA's local real property tax rate for current expenditure purposes, as described in § 222.17(b). (3) The average local real property tax rate of all LEAs in the State. (4) The average per pupil expenditure (APPE) of the LEA, calculated by dividing the LEA's aggregate current expenditures by the total number of children in average daily attendance for whom the LEA provided a free public education. (5) The APPE of the State, as defined in section 8013 of the ESEA. (b) An LEA requesting forgiveness under § 222.14(c)(2) (manifestly unjust repayment exception), or § 222.17(a)(3) (no present or prospective ability to repay), also must submit written information and documentation in specific support of its forgiveness request under those provisions within the time limits established under § 222.14(b). | ||||
| 34:34:1.2.2.1.3.1.138.17 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | A | Subpart A—General | § 222.17 How does the Secretary determine undue financial hardship and serious harm to a local educational agency's educational program? | ED | [62 FR 35413, July 1, 1997] | (a) The Secretary determines that repayment of an eligible overpayment will result in undue financial hardship on an LEA and seriously harm its educational program if the LEA meets the requirements in paragraph (a)(1), (2), or (3) of this section. (1) An LEA other than an LEA described in paragraphs (a)(2) and (3) of this section meets the requirements of paragraph (a) of this section if— (i) The LEA's eligible overpayments on the date of its request total at least $10,000; (ii) The LEA's local real property tax rate for current expenditure purposes, for the preceding fiscal year, is equal to or higher than the State average local real property tax rate for that preceding fiscal year; and (iii) The LEA's average per pupil expenditure (APPE) (as described in § 222.16(a)(4)) for the preceding fiscal year is lower than the State APPE (as described in § 222.16(a)(5)) for that preceding fiscal year. (2) The following LEAs qualify under paragraph (a) of this section if they meet the requirements in paragraph (a)(1)(i) of this section and their APPE (as described in § 222.16(a)(4)) for the preceding fiscal year does not exceed 125 percent of the State APPE (as described in § 222.16(a)(5)) for that preceding fiscal year: (i) An LEA with boundaries that are the same as a Federal military installation. (ii) Other LEAs with no local real property tax revenues, or with minimal local real property tax revenues per pupil due to substantial amounts of Federal property in the LEA as compared with the average amount of those revenues per pupil for all LEAs in the State. (3) An LEA qualifies under paragraph (a) of this section if neither the successor nor the predecessor LEA has the present or prospective ability to repay the eligible overpayment. (b) The Secretary uses the following methods to determine a tax rate for the purposes of paragraph (a)(1)(ii) of this section: (1) If an LEA is fiscally independent, the Secretary uses actual tax rates if all the real property in the taxing jurisdiction of the LEA is assessed a… | ||||
| 34:34:1.2.2.1.3.1.138.18 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | A | Subpart A—General | § 222.18 What amount does the Secretary forgive? | ED | [62 FR 35414, July 1, 1997] | For an LEA that meets the requirements of § 222.14(a) (timely filed forgiveness request) and § 222.14(b) (timely filed information and documentation), the Secretary forgives an eligible overpayment as follows: (a) Forgiveness in whole. The Secretary forgives the eligible overpayment in whole if the Secretary determines that the LEA meets— (1) The requirements of § 222.17 (undue financial hardship), and the LEA's current expenditure closing balance for the LEA's fiscal year immediately preceding the date of its forgiveness request (“preceding fiscal year”) is ten percent or less of its total current expenditures (TCE) for that year; or (2) The manifestly unjust repayment exception in § 222.14(c)(2). (b) Forgiveness in part. (1) The Secretary forgives the eligible overpayment in part if the Secretary determines that the LEA meets the requirements of § 222.17 (undue financial hardship), and the LEA's preceding fiscal year's current expenditure closing balance is more than ten percent of its TCE for that year. (2) For an eligible overpayment that is forgiven in part, the Secretary— (i) Requires the LEA to repay the amount by which the LEA's preceding fiscal year's current expenditure closing balance exceeded ten percent of its preceding fiscal year's TCE (“calculated repayment amount”); and (ii) Forgives the difference between the calculated repayment amount and the LEA's total overpayments. (3) For the purposes of this section, “current expenditure closing balance” means an LEA's closing balance before any revocable transfers to non-current expenditure accounts, such as capital outlay or debt service accounts. The Secretary calculates the amount that the LEA must repay by determining the amount by which the preceding fiscal year's closing balance exceeds 10 percent of the preceding year's TCE. This calculation is made by subtracting 10 percent of the LEA's TCE ($150,000) from the closing balance ($250,000), resulting in a difference of $100,000 that the LEA must repay. The Secretary then totals the elig… | ||||
| 34:34:1.2.2.1.3.1.138.19 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | A | Subpart A—General | § 222.19 What other statutes and regulations apply to this part? | ED | [60 FR 50778, Sept. 29, 1995. Redesignated at 62 FR 35412, July 1, 1997;79 FR 76095, Dec. 19, 2014; 80 FR 33162, June 11, 2015] | (a) The following Federal statutes and regulations on nondiscrimination apply to assistance under this part: (1) The provisions of title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) (prohibition of discrimination on the basis of race, color or national origin), and the implementing regulations (34 CFR part 100). (2) The provisions of title IX of the Education Amendments of 1972 (Pub. L. 92-318) (prohibition of discrimination on the basis of sex), and the implementing regulations (34 CFR part 106). (3) The provisions of section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112) (prohibition of discrimination on the basis of disability), and the implementing regulations (34 CFR part 104). (4) The provisions of title II of the Americans with Disabilities Act of 1990 (Pub. L. 101-336) (prohibition of discrimination on basis of disability), and any implementing regulations. (5) The provisions of the Age Discrimination Act of 1975 (Pub. L. 94-135) (prohibition of age discrimination), and any implementing regulations. (b) The following Education Department General Administrative Regulations (EDGAR): (1) Subparts A, E, F, and §§ 75.900 and 75.910 of 34 CFR part 75 (Direct Grant Programs) for payments under sections 8003(d) (payments for federally connected children with disabilities), 8007 (construction), and 8008 (school facilities), except for the following: (i) Section 75.603 does not apply to payments under section 8007 (construction) or section 8008 (school facilities). (ii) Section 75.605 does not apply to payments under section 8007 (construction). (iii) Sections 75.600-602, 75.604, and 75.606-617 apply to payments under section 8007 (construction) only to the extent that funds received under that section are used for major renovations or to construct new school facilities. (2) 34 CFR part 77 (Definitions that Apply to Department Regulations). (3) 34 CFR part 82 (New Restrictions on Lobbying). (4) 34 CFR part 84 (Governmentwide Requirements for Drug-Free Workplace (Financial Assistance)). … | ||||
| 34:34:1.2.2.1.3.1.138.2 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | A | Subpart A—General | § 222.2 What definitions apply to this part? | ED | [60 FR 50778, Sept. 29, 1995, as amended at 80 FR 33161, June 11, 2015; 81 FR 64740, Sept. 20, 2016] | (a)(1) The following terms defined in section 8013 of the Act apply to this part: Armed forces Average per-pupil expenditure Construction Current expenditures Indian lands Local contribution percentage Low-rent housing Modernization School facilities Armed forces Average per-pupil expenditure Construction Current expenditures Indian lands Local contribution percentage Low-rent housing Modernization School facilities (2) The following term defined in § 222.30 applies to this part: Free public education Free public education (b) The following terms defined in section 9101 of the ESEA (General Provisions) also apply to this part: Average daily attendance (ADA) Child County Department Outlying area Parent Secretary State State educational agency (SEA) Average daily attendance (ADA) Child County Department Outlying area Parent Secretary State State educational agency (SEA) (c) In addition, the following definitions apply to this part: Act means title VIII of the Elementary and Secondary Education Act of 1965 (ESEA), as amended. Applicant means any LEA that files an application for financial assistance under section 8002 or section 8003 of the Act and the regulations in this part implementing those provisions. Except as provided in section 8005(d)(4) of the Act, an SEA may be an applicant for assistance under section 8003 only if the SEA directly operates and maintains facilities for providing free public education for the children it claims in its application. Application means a complete and signed application in the form approved by the Secretary, filed by an applicant. Federally connected children means children described in section 8003 or section 8010(c)(2) of the Act. Federal property. (1) The term means— (i) Federal property described in section 8013; and (ii) Ships that are owned by the United States and whose home ports are located upon Federal property described in this definition. (2) Notwithstanding paragrap… | ||||
| 34:34:1.2.2.1.3.1.138.3 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | A | Subpart A—General | § 222.3 How does a local educational agency apply for assistance under section 8002 or 8003 of the Act? | ED | [60 FR 50778, Sept. 29, 1995, as amended at 80 FR 33162, June 11, 2015; 81 FR 64741, Sept. 20, 2016] | An LEA must meet the following application requirements to be considered for a payment under section 8002 or 8003: (a) Except as provided in paragraphs (b) and (d) of this section, on or before January 31 of the fiscal year preceding the fiscal year for which the LEA seeks assistance under section 8002 or section 8003, the LEA must— (1) File with the Secretary a complete and signed application for payment under section 8002 or section 8003; and (2) Certify to the Secretary that it will file, and file, a copy of the application referred to in paragraph (a) of this section with its SEA. (b)(1) If any of the following events that give rise to eligibility for payment occur after the filing deadline in paragraph (a)(1) of this section, an LEA must file a complete and signed application within the time limits required by paragraph (b)(2) of this section: (i) The United States Government initiates or reactivates a Federal activity, or acquires real property. (ii) The United States Congress enacts new legislation. (iii) A reorganization of school districts takes place. (iv) Property, previously determined by the Secretary not to be Federal property, is determined in writing by the Secretary to be Federal property. (2) Except as provided in paragraph (d) of this section, within 60 days after the applicable event occurs but not later than June 30 of the fiscal year preceding the fiscal year for which the LEA seeks assistance under section 8002 or section 8003, the LEA must— (i) File an application with the Secretary as permitted by paragraph (b)(1) of this section; and (ii) File a copy of that application with its SEA. (c)(1) If the SEA wishes to notify the Secretary of any inconsistencies or other concerns with an LEA's application, the SEA must do so— (i) For an application subject to the filing deadlines in paragraph (a)(1) of this section, on or before February 15 of the fiscal year preceding the fiscal year for which the LEA seeks assistance under section 8002 or section 8003; and (ii) On or before fifte… | ||||
| 34:34:1.2.2.1.3.1.138.4 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | A | Subpart A—General | § 222.4 How does the Secretary determine when an application is timely filed? | ED | [62 FR 35412, July 1, 1997, as amended at 80 FR 33162, June 11, 2015] | To be timely filed under § 222.3, an application must be received by the Secretary on or before the applicable filing date. | ||||
| 34:34:1.2.2.1.3.1.138.5 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | A | Subpart A—General | § 222.5 When may a local educational agency amend its application? | ED | [80 FR 33162, June 11, 2015, as amended at 81 FR 64741, Sept. 20, 2016] | (a) An LEA may amend its application following any of the events described in § 222.3(b)(1) by submitting a written request to the Secretary and a copy to its SEA no later than the earlier of the following events: (1) The 60th day following the applicable event. (2) By June 30 of the Federal fiscal year preceding the fiscal year for which the LEA seeks assistance. (b) The LEA also may amend its application based on actual data regarding eligible Federal properties or federally connected children if— (1) Those data were not available at the time the LEA filed its application ( e.g., due to a second membership count of students) and are acceptable to the Secretary; and (2) The LEA submits a written request to the Secretary with a copy to its SEA no later than the end of the Federal fiscal year preceding the fiscal year for which the LEA seeks assistance. | ||||
| 34:34:1.2.2.1.3.1.138.6 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | A | Subpart A—General | § 222.6 Which applications does the Secretary accept? | ED | [60 FR 50778, Sept. 29, 1995, as amended at 80 FR 33162, June 11, 2015] | (a) The Secretary accepts or approves for payment any otherwise approvable application under section 8002 or section 8003 that is timely filed with the Secretary in accordance with §§ 222.3, 222.4, and 222.5, as applicable. (b) The Secretary does not accept or approve for payment any section 8002 or section 8003 application that is not timely filed with the Secretary as described in paragraph (a) of this section, except as follows: (1) The Secretary accepts and approves for payment any otherwise approvable application filed within— (i) 60 days from the application deadline established in § 222.3; or (ii) 60 days from the date of the Secretary's written notice of an LEA's failure to comply with the applicable filing date. (2) The Secretary reduces the payment for applications described in paragraph (b)(1) of this section by 10 percent of the amount that would have been paid if the LEA had timely filed the application. | ||||
| 34:34:1.2.2.1.3.1.138.7 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | A | Subpart A—General | § 222.7 What information may a local educational agency submit after the application deadline? | ED | (a) General. Except as indicated in paragraph (b) of this section, the Secretary does not consider information submitted by an applicant after the deadlines prescribed in this subpart for submission of applications and amendments to applications. (b) Information solicited by the Secretary. The Secretary may solicit from an applicant at any time additional information to process an application. | |||||
| 34:34:1.2.2.1.3.1.138.8 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | A | Subpart A—General | § 222.8 What action must an applicant take upon a change in its boundary, classification, control, governing authority, or identity? | ED | (a) Any applicant that is a party to an annexation, consolidation, deconsolidation, merger, or other similar action affecting its boundaries, classification, control, governing authority, or identity must provide the following information to the Secretary as soon as practicable: (1) A description of the character and extent of the change. (2) The effective date of the change. (3) Full identification of all predecessor and successor LEAs. (4) Full information regarding the disposition of the assets and liabilities of all predecessor LEAs. (5) Identification of the governing body of all successor LEAs. (6) The name and address of each authorized representative officially designated by the governing body of each successor LEA for purposes of the Act. (b) If a payment is made under section 8002 or 8003 to an LEA that has ceased to be a legally constituted entity during the regular school term due to an action described in paragraph (a) of this section, the LEA may retain that payment if— (1) An adjustment is made in the payment of a successor LEA to account for the payment to the predecessor LEA; or (2)(i) The payment amount does not exceed the amount the predecessor LEA would have been eligible to receive if the change in boundaries or organization had not taken place; and (ii) A successor LEA is not an eligible applicant. (c) A predecessor LEA receiving any portion of a payment under section 8002 or 8003 that exceeds the amount allowed by paragraph (b)(2)(i) of this section must return the excessive portion to the Secretary, unless the Secretary determines otherwise under section 8012 of the Act. | |||||
| 34:34:1.2.2.1.3.1.138.9 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | A | Subpart A—General | § 222.9 What records must a local educational agency maintain? | ED | Except as otherwise provided in § 222.10— (a) An LEA must maintain adequate written records to support the amount of payment it received under the Act for any fiscal year; (b) On request, the LEA must make its records available to the Secretary for the purpose of examination or audit; and (c) Each applicant must submit such reports and information as the Secretary may require to determine the amount that the applicant may be paid under the Act. | |||||
| 34:34:1.2.2.1.3.10.142.1 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | J | Subpart J—Impact Aid Administrative Hearings and Judicial Review Under Section 8011 of the Act | § 222.150 What is the scope of this subpart? | ED | [60 FR 50778, Sept. 29, 1995, as amended at 62 FR 35418, July 1, 1997] | (a) Except as provided in paragraph (b) of this section, the regulations in this subpart govern all Impact Aid administrative hearings under section 8011(a) of the Act and requests for reconsideration. (b) Except as otherwise indicated in this part, the regulations in this subpart do not govern the following administrative hearings: (1) Subpart G, §§ 222.90-222.122 (Indian policies and procedures tribal complaint and withholding hearings. (2) Subpart K, § 222.165 (hearings concerning determinations under section 8009 of the Act). | ||||
| 34:34:1.2.2.1.3.10.142.10 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | J | Subpart J—Impact Aid Administrative Hearings and Judicial Review Under Section 8011 of the Act | § 222.159 When and where does a party seek judicial review? | ED | [60 FR 50778, Sept. 29, 1995, as amended at 80 FR 33170, June 11, 2015] | If an LEA or a State that is aggrieved by the Secretary's final decision following an administrative hearing proceeding under this subpart wishes to seek judicial review, the LEA or State must, within 30 working days (as determined by the LEAs or State) after receiving notice of the Secretary's final decision, file with the United States Court of Appeals for the circuit in which that LEA or State is located a petition for review of the final agency action, in accordance with section 8011(b) of the Act. | ||||
| 34:34:1.2.2.1.3.10.142.2 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | J | Subpart J—Impact Aid Administrative Hearings and Judicial Review Under Section 8011 of the Act | § 222.151 When is an administrative hearing provided to a local educational agency? | ED | [60 FR 50778, Sept. 29, 1995, as amended at 62 FR 35418, July 1, 1997; 80 FR 33170, June 11, 2015] | (a) Any local educational agency (LEA) that is adversely affected by the Secretary's (or the Secretary's delegatee's) action or failure to act upon the LEA's application under the Act is entitled to an administrative hearing in accordance with this subpart. (b) An applicant is entitled to an administrative hearing under this subpart only if— (1) The applicant files a written request for an administrative hearing within 60 days of its receipt of written notice of the adverse action; and (2) The issues of fact or law specified in the hearing request are material to the determination of the applicant's rights and are not committed wholly to the discretion of the Secretary. | ||||
| 34:34:1.2.2.1.3.10.142.3 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | J | Subpart J—Impact Aid Administrative Hearings and Judicial Review Under Section 8011 of the Act | § 222.152 When may a local educational agency request reconsideration of a determination? | ED | [60 FR 50778, Sept. 29, 1995, as amended at 62 FR 35418, July 1, 1997;80 FR 33170, June 11, 2015] | (a)(1) An LEA may request reconsideration of any determination made by the Secretary (or the Secretary's delegatee) under the Act, either in addition to or instead of requesting an administrative hearing under § 222.151. (2) A request for reconsideration, or actual reconsideration by the Secretary (or the Secretary's delegatee), does not extend the time within which an applicant must file a request for an administrative hearing under § 222.151, unless the Secretary (or the Secretary's delegatee) extends that time limit in writing. (b) The Secretary's (or the Secretary's delegatee's) consideration of a request for reconsideration is not prejudiced by a pending request for an administrative hearing on the same matter, or the fact that a matter has been scheduled for a hearing. The Secretary (or the Secretary's delegatee) may, but is not required to, postpone the administrative hearing due to a request for reconsideration. (c) The Secretary (or the Secretary's delegatee) may reconsider any determination under the Act concerning a particular party unless the determination has been the subject of an administrative hearing under this part with respect to that party. | ||||
| 34:34:1.2.2.1.3.10.142.4 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | J | Subpart J—Impact Aid Administrative Hearings and Judicial Review Under Section 8011 of the Act | § 222.153 How must a local educational agency request an administrative hearing? | ED | [60 FR 50778, Sept. 29, 1995, as amended at 80 FR 33170, June 11, 2015] | An applicant requesting a hearing in accordance with this subpart must— (a)(1) If it mails the hearing request, address it to the Secretary, c/o Director, Impact Aid Program, Room 3E105, U.S. Department of Education, 400 Maryland Avenue SW., Washington, DC 20202-6244; (2) If it hand-delivers the hearing request, deliver it to the Director, Impact Aid Program, Room 3E105, U.S. Department of Education, 400 Maryland Avenue SW., Washington, DC 20202-6244; or (3) If it emails the hearing request, send it to Impact.Aid@ed.gov. Note to paragraph (a): The Secretary encourages applicants requesting an Impact Aid hearing to mail or email their requests. Because of enhanced security procedures, building access for non-official staff may be limited. Applicants should be prepared to mail their hearing requests if they or their courier are unable to obtain access to the building. (b) Clearly specify in its written hearing request the issues of fact and law to be considered; and (c) Furnish a copy of its hearing request to its State educational agency (SEA) (unless the applicant is an SEA). | ||||
| 34:34:1.2.2.1.3.10.142.5 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | J | Subpart J—Impact Aid Administrative Hearings and Judicial Review Under Section 8011 of the Act | § 222.154 How must written submissions under this subpart be filed? | ED | [60 FR 50778, Sept. 29, 1995, as amended at 62 FR 35419, July 1, 1997] | (a) All written submissions under this subpart must be filed by hand-delivery, mail, or facsimile transmission. The Secretary discourages the use of facsimile transmission for documents longer than five pages. (b) If agreed upon by the parties, a party may serve a document upon the other party or parties by facsimile transmission. (c) The filing date for a written submission under this subpart is the date the document is— (1) Hand-delivered; (2) Mailed; or (3) Sent by facsimile transmission. (d) A party other than the Department filing by facsimile transmission is responsible for confirming that a complete and legible copy of the document was received by the Department, including by the administrative law judge (ALJ). (e) Any party filing a document by facsimile transmission must file a follow-up hard copy by hand-delivery or mail within a reasonable period of time. | ||||
| 34:34:1.2.2.1.3.10.142.6 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | J | Subpart J—Impact Aid Administrative Hearings and Judicial Review Under Section 8011 of the Act | § 222.155 When and where is an administrative hearing held? | ED | Administrative hearings under this subpart are held at the offices of the Department in Washington, DC, at a time fixed by the ALJ, unless the ALJ selects another place based upon the convenience of the parties. | |||||
| 34:34:1.2.2.1.3.10.142.7 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | J | Subpart J—Impact Aid Administrative Hearings and Judicial Review Under Section 8011 of the Act | § 222.156 How is an administrative hearing conducted? | ED | [60 FR 50778, Sept. 29, 1995, as amended at 62 FR 35419, July 1, 1997] | Administrative hearings under this subpart are conducted as follows: (a) The administrative hearing is conducted by an ALJ appointed under 5 U.S.C. 3105, who issues rules of procedure that are proper and not inconsistent with this subpart. (b) The parties may introduce all relevant evidence on the issues stated in the applicant's request for hearing or on other issues determined by the ALJ during the proceeding. The application in question and all amendments and exhibits must be made part of the hearing record. (c) Technical rules of evidence, including the Federal Rules of Evidence, do not apply to hearings conducted under this subpart, but the ALJ may apply rules designed to assure production of the most credible evidence available, including allowing the cross-examination of witnesses. (d) Each party may examine all documents and other evidence offered or accepted for the record, and may have the opportunity to refute facts and arguments advanced on either side of the issues. (e) A transcript must be made of the oral evidence unless the parties agree otherwise. (f) Each party may be represented by counsel. (g) The ALJ is bound by all applicable statutes and regulations and may neither waive them nor rule them invalid. | ||||
| 34:34:1.2.2.1.3.10.142.8 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | J | Subpart J—Impact Aid Administrative Hearings and Judicial Review Under Section 8011 of the Act | § 222.157 What procedures apply for issuing or appealing an administrative law judge's decision? | ED | [60 FR 50778, Sept. 29, 1995, as amended at 62 FR 35419, July 1, 1997] | (a) Decision. (1) The ALJ— (i) Makes written findings and an initial decision based upon the hearing record; and (ii) Forwards to the Secretary, and mails to each party, a copy of the written findings and initial decision. (2) An ALJ's initial decision constitutes the Secretary's final decision without any further proceedings unless— (i) A party, within the time limits stated in paragraph (b)(1)(ii) of this section, requests the Secretary to review the decision and that request is granted; or (ii) The Secretary otherwise determines, within the time limits stated in paragraph (b)(2)(ii) of this section, to review the initial decision. (3) When an initial decision becomes the Secretary's final decision without any further proceedings, the Department's Office of Hearings and Appeals notifies the parties of the finality of the decision. (b) Administrative appeal of an initial decision. (1)(i) Any party may request the Secretary to review an initial decision. (ii) A party must file such a request for review within 30 days of the party's receipt of the initial decision. (2) The Secretary may— (i) Grant or deny a timely request for review of an initial decision; or (ii) Otherwise determine to review the decision, so long as that determination is made within 45 days of the date of receipt of the initial decision. (3) The Secretary mails to each party written notice of— (i) The Secretary's action granting or denying a request for review of an initial decision; or (ii) The Secretary's determination to review an initial decision. | ||||
| 34:34:1.2.2.1.3.10.142.9 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | J | Subpart J—Impact Aid Administrative Hearings and Judicial Review Under Section 8011 of the Act | § 222.158 What procedures apply to the Secretary's review of an initial decision? | ED | [60 FR 50778, Sept. 29, 1995, as amended at 62 FR 35419, July 1, 1997] | When the Secretary reviews an initial decision, the Secretary— (a) Notifies the applicant in writing that it may file a written statement or comments; and (b) Mails to each party written notice of the Secretary's final decision. | ||||
| 34:34:1.2.2.1.3.11.142.1 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | K | Subpart K—Determinations Under Section 8009 of the Act | § 222.160 What are the scope and purpose of this subpart? | ED | (a) Scope. This subpart applies to determinations made by the Secretary under section 8009 of the Act. (b) Purpose. The sole purpose of the regulations in this subpart is to implement the provisions of section 8009. The definitions and standards contained in this subpart apply only with respect to section 8009 and do not establish definitions and standards for any other purpose. | |||||
| 34:34:1.2.2.1.3.11.142.2 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | K | Subpart K—Determinations Under Section 8009 of the Act | § 222.161 How is State aid treated under section 7009 of the Act? | ED | [60 FR 50778, Sept. 29, 1995, as amended at 62 FR 35419, July 1, 1997; 80 FR 33170, June 11, 2015; 81 FR 64744, Sept. 20, 2016; 83 FR 47070, Sept. 18, 2018] | (a) General rules. (1) A State may take into consideration payments under sections 8002 and 8003(b) of the Act (including hold harmless payments calculated under section 8003(e)) in allocating State aid if that State has a State aid program that qualifies under § 222.162, except as follows: (i) Those payments may be taken into consideration for each affected local educational agency (LEA) only in the proportion described in § 222.163. (ii) A State may not take into consideration— (A) That portion of an LEA's payment that is generated by the portion of a weight in excess of one under section 8003(a)(2)(B) of the Act (children residing on Indian lands); (B) Payments under section 8003(d) of the Act (children with disabilities); or (C) The amount that an LEA receives under section 8003(b)(2) that exceeds the amount the LEA would receive if eligible under section 8003(b)(1) and not section 8003(b)(2) (heavily impacted LEAs). (2) No State aid program may qualify under this subpart if a court of that State has determined by final order, not under appeal, that the program fails to equalize expenditures for free public education among LEAs within the State or otherwise violates law, and if the court's order provides that the program is no longer in effect. (3) No State, whether or not it has an equalization program that qualifies under § 222.162, may, in allocating State aid, take into consideration an LEA's eligibility for payments under the Act if that LEA does not apply for and receive those payments. (4) Any State that takes into consideration payments under the Act in accordance with the provisions of section 8009 in allocating State aid to LEAs must reimburse any LEA for any amounts taken into consideration for any fiscal year to the extent that the LEA did not in fact receive payments in those amounts during that fiscal year. (5) Except as provided in paragraph (a)(6), a State may not take into consideration payments under the Act in making estimated or final State aid payments before its State aid prog… | ||||
| 34:34:1.2.2.1.3.11.142.3 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | K | Subpart K—Determinations Under Section 8009 of the Act | § 222.162 What disparity standard must a State meet in order to be certified and how are disparities in current expenditures or revenues per pupil measured? | ED | [60 FR 50778, Sept. 29, 1995, as amended at 62 FR 35419, July 1, 1997; 81 FR 64744, Sept. 20, 2016] | (a) Percentage disparity limitation. The Secretary considers that a State aid program equalizes expenditures if the disparity in the amount of current expenditures or revenues per pupil for free public education among LEAs in the State is no more than 25 percent. In determining the disparity percentage, the Secretary disregards LEAs with per pupil expenditures or revenues above the 95th or below the 5th percentile of those expenditures or revenues in the State. The method for calculating the percentage of disparity in a State is in the appendix to this subpart. (b)(1) Weighted average disparity for different grade level groups. If a State requests it, the Secretary will make separate disparity computations for different groups of LEAs in the State that have similar grade levels of instruction. (2) In those cases, the weighted average disparity for all groups, based on the proportionate number of pupils in each group, may not be more than the percentage provided in paragraph (a) of this section. The method for calculating the weighted average disparity percentage is set out in the appendix to this subpart. (c) Per pupil figure computations. In calculating the current expenditures or revenue disparities under this section, computations of per pupil figures are made on one of the following bases: (1) The per pupil amount of current expenditures or revenue for an LEA is computed on the basis of the total number of pupils receiving free public education in the schools of the agency. The total number of pupils is determined in accordance with whatever standard measurement of pupil count is used in the State. (2) If a State aid program uses “weighted pupil,” “classroom,” “instructional unit,” or another designated measure of need in determining allocations of State aid to take account of special cost differentials, the computation of per pupil revenue or current expenditures may be made using one of the methods in paragraph (d) of this section. The two allowable categories of special cost differentials are— … | ||||
| 34:34:1.2.2.1.3.11.142.4 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | K | Subpart K—Determinations Under Section 8009 of the Act | § 222.163 What proportion of Impact Aid funds may a State take into consideration upon certification? | ED | [60 FR 50778, Sept. 29, 1995, as amended at 80 FR 33170, June 11, 2015] | (a) Provision of law. Section 8009(d)(1)(B) provides that, upon certification by the Secretary, in allocating State aid a State may consider as local resources funds received under sections 8002 and 8003(b) (including hold harmless payments calculated under section 8003(e)) only in proportion to the share that local tax revenues covered under a State equalization program are of total local tax revenues. Determinations of proportionality must be made on a case-by-case basis for each LEA affected and not on the basis of a general rule to be applied throughout a State. (b) Computation of proportion. (1) In computing the share that local tax revenues covered under a State equalization program are of total local tax revenues for an LEA with respect to a program qualifying under § 222.162, the proportion is obtained by dividing the amount of local tax revenues covered under the equalization program by the total local tax revenues attributable to current expenditures for free public education within that LEA. (2) In cases where there are no local tax revenues for current expenditures and the State provides all of those revenues on behalf of the LEA, the State may consider up to 100 percent of the funds received under the Act by that LEA in allocating State aid. (c) Application of proportion to Impact Aid payments. Except as provided in § 222.161(a)(1)(ii) and (iii), the proportion established under this section (or a lesser proportion) for any LEA receiving payments under sections 8002 and 8003(b) (including hold harmless payments calculated under section 8003(e)) may be applied by a State to actual receipts of those payments. | ||||
| 34:34:1.2.2.1.3.11.142.5 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | K | Subpart K—Determinations Under Section 8009 of the Act | § 222.164 What procedures does the Secretary follow in making a determination under section 7009? | ED | [60 FR 50778, Sept. 29, 1995, as amended at 62 FR 35419, July 1, 1997; 81 FR 64745, Sept. 20, 2016] | (a) Initiation. (1) A proceeding under this subpart leading to a determination by the Secretary under section 8009 may be initiated— (i) By the State educational agency (SEA) or other appropriate agency of the State; (ii) By an LEA; or (iii) By the Secretary, if the Secretary has reason to believe that the State's action is in violation of section 8009. (2) Whenever a proceeding under this subpart is initiated, the party initiating the proceeding shall provide either the State or all LEAs with a complete copy of the submission required in paragraph (b) of this section. Following receipt of the submission, the Secretary shall notify the State and all LEAs in the State of their right to request from the Secretary, within 30 days of the initiation of a proceeding, the opportunity to present their views to the Secretary before the Secretary makes a determination. (b) Submission. (1) A submission by a State or LEA under this section must be made in the manner requested by the Secretary and must contain the information and assurances as may be required by the Secretary in order to reach a determination under section 8009 and this subpart. (2)(i) A State in a submission shall— (A) Demonstrate how its State aid program comports with § 222.162; and (B) Demonstrate for each LEA receiving funds under the Act that the proportion of those funds that will be taken into consideration comports with § 222.163. (ii) The submission must be received by the Secretary no later than 120 calendar days before the beginning of the State's fiscal year for the year of the determination, and must include (except as provided in § 222.161(c)(2)) final second preceding fiscal year disparity data enabling the Secretary to determine whether the standard in § 222.162 has been met. The submission is considered timely if received by the Secretary on or before the filing deadline or if it bears a U.S. Postal Service postmark dated on or before the filing deadline. (3) An LEA in a submission must demonstrate whether the State aid program… | ||||
| 34:34:1.2.2.1.3.11.142.6 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | K | Subpart K—Determinations Under Section 8009 of the Act | § 222.165 What procedures does the Secretary follow after making a determination under section 8009? | ED | [60 FR 50778, Sept. 29, 1995, as amended at 62 FR 35420, July 1, 1997; 80 FR 33170, June 11, 2015] | (a) Request for hearing. (1) A State or LEA that is adversely affected by a determination under section 8009 and this subpart and that desires a hearing regarding that determination must submit a written request for a hearing within 60 days of receipt of the determination. The time within which a request must be filed may not be extended unless the Secretary, or the Secretary's delegatee, extends the time in writing at the time notice of the determination is given. (2) A request for a hearing in accordance with this section must specify the issues of fact and law to be considered. (3) If an LEA requests a hearing, it must furnish a copy of the request to the State. If a State requests a hearing, it must furnish a copy of the request to all LEAs in the State. (b) Right to intervene. Any LEA or State that is adversely affected by a determination shall have the right of intervention in the hearing. (c) Time and place of hearing. The hearing is held at a time and place fixed by the Secretary or the Secretary's delegatee (with due regard to the mutual convenience of the parties). (d) Counsel. In all proceedings under this section, all parties may be represented by counsel. (e) Proceedings. (1) The Secretary refers the matter in controversy to an administrative law judge (ALJ) appointed under 5 U.S.C. 3105. (2) The ALJ is bound by all applicable statutes and regulations and may neither waive them nor rule them invalid. (f) Filing requirements. (1) Any written submission under this section must be filed by hand-delivery, mail, or facsimile transmission. The Secretary discourages the use of facsimile transmission for documents longer than five pages. (2) If agreed upon by the parties, service of a document may be made upon the other party by facsimile transmission. (3) The filing date for a written submission under this section is the date the document is— (i) Hand-delivered; (ii) Mailed; or (iii) Sent by facsimile transmission. (4) A party filing by facsimile transmission is responsible for con… | ||||
| 34:34:1.2.2.1.3.11.142.7 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | K | Subpart K—Determinations Under Section 8009 of the Act | §§ 222.166-222.169 [Reserved] | ED | ||||||
| 34:34:1.2.2.1.3.12.142.1 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | L | Subpart L—Impact Aid Discretionary Construction Grant Program Under Section 8007(b) of the Act | § 222.170 What is the purpose of the Impact Aid Discretionary Construction grant program (Section 8007(b) of the Act)? | ED | The Impact Aid Discretionary Construction grant program provides competitive grants for emergency repairs and modernization of school facilities to certain eligible local educational agencies (LEAs) that receive formula Impact Aid funds. | |||||
| 34:34:1.2.2.1.3.12.142.2 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | L | Subpart L—Impact Aid Discretionary Construction Grant Program Under Section 8007(b) of the Act | § 222.171 What LEAs may be eligible for Discretionary Construction grants? | ED | (a) Applications for these grants are considered in four funding priority categories. The specific requirements for each priority are detailed in §§ 222.177 through 222.182. (b)(1) Generally, to be eligible for an emergency construction grant, an LEA must— (i) Enroll a high proportion (at least 40 percent) of federally connected children in average daily attendance (ADA) who reside on Indian lands or who have a parent on active duty in the U.S. uniformed services; (ii) Have a school that enrolls a high proportion of one of these types of students; (iii) Be eligible for funding for heavily impacted LEAs under section 8003(b)(2) of the Act; or (iv) Meet the specific numeric requirements regarding bonding capacity. (2) The Secretary must also consider such factors as an LEA's total assessed value of real property that may be taxed for school purposes, its availability and use of bonding capacity, and the nature and severity of the emergency. (c)(1) Generally, to be eligible for a modernization construction grant, an LEA must— (i) Be eligible for Impact Aid funding under either section 8002 or 8003 of the Act; (ii) Be eligible for funding for heavily impacted LEAs under section 8003(b)(2) of the Act; (iii) Enroll a high proportion (at least 40 percent) of federally connected children in ADA who reside on Indian lands or who have a parent on active duty in the U.S. uniformed services; (iv) Have a school that enrolls a high proportion of one of these types of students; or (v) Meet the specific numeric requirements regarding bonding capacity. (2) The Secretary must also consider such factors as an LEA's total assessed value of real property that may be taxed for school purposes, its availability and use of bonding capacity, and the nature and severity of its need for modernization funds. | |||||
| 34:34:1.2.2.1.3.12.142.3 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | L | Subpart L—Impact Aid Discretionary Construction Grant Program Under Section 8007(b) of the Act | § 222.172 What activities may an LEA conduct with funds received under this program? | ED | (a) An LEA may use emergency grant funds received under this program only to repair, renovate, alter, and, in the limited circumstances described in paragraph (c) of this section, replace a public elementary or secondary school facility used for free public education to ensure the health and safety of students and personnel, including providing accessibility for the disabled as part of a larger project. (b) An LEA may use modernization grant funds received under this program only to renovate, alter, retrofit, extend, and, in the limited circumstances described in paragraph (c) of this section, replace a public elementary or secondary school facility used for free public education to provide school facilities that support a contemporary educational program for the LEA's students at normal capacity, and in accordance with the laws, standards, or common practices in the LEA's State. (c)(1) An emergency or modernization grant under this program may be used for the construction of a new school facility but only if the Secretary determines— (i) That the LEA holds title to the existing facility for which funding is requested; and (ii) In consultation with the grantee, that partial or complete replacement of the facility would be less expensive or more cost-effective than improving the existing facility. (2) When construction of a new school facility is permitted, emergency and modernization funds may be used only for a new school facility that is used for free public education. These funds may be used for the— (i) Construction of instructional, resource, food service, and general or administrative support areas, so long as they are a part of the instructional facility; and (ii) Purchase of initial equipment or machinery, and initial utility connections. | |||||
| 34:34:1.2.2.1.3.12.142.4 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | L | Subpart L—Impact Aid Discretionary Construction Grant Program Under Section 8007(b) of the Act | § 222.173 What activities will not receive funding under a Discretionary Construction grant? | ED | The Secretary does not fund the following activities under a Discretionary Construction grant: (a) Improvements to facilities for which the LEA does not have full title or other interest, such as a lease-hold interest. (b) Improvements to or repairs of school grounds, such as environmental remediation, traffic remediation, and landscaping, that do not directly involve instructional facilities. (c) Repair, renovation, alteration, or construction for stadiums or other facilities that are primarily used for athletic contests, exhibitions, and other events for which admission is charged to the general public. (d) Improvements to or repairs of teacher housing. (e) Except in the limited circumstances as provided in § 222.172(c), when new construction is permissible, acquisition of any interest in real property. (f) Maintenance costs associated with any of an LEA's school facilities. | |||||
| 34:34:1.2.2.1.3.12.142.5 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | L | Subpart L—Impact Aid Discretionary Construction Grant Program Under Section 8007(b) of the Act | § 222.174 What prohibitions apply to these funds? | ED | Grant funds under this program may not be used to supplant or replace other available non-Federal construction money. These grant funds may be used for emergency or modernization activities only to the extent that they supplement the amount of construction funds that would, in the absence of these grant funds, be available to a grantee from non-Federal funds for these purposes. | |||||
| 34:34:1.2.2.1.3.12.142.6 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | L | Subpart L—Impact Aid Discretionary Construction Grant Program Under Section 8007(b) of the Act | § 222.175 What regulations apply to recipients of funds under this program? | ED | [60 FR 50778, Sept. 29, 1995, as amended at 80 FR 33170, June 11, 2015] | The following regulations apply to the Impact Aid Discretionary Construction program: (a) The Education Department General Administrative Regulations (EDGAR) as follows: (1) 34 CFR part 75 (Direct Grant Programs) except for 34 CFR §§ 75.600 through 75.617. (2) 34 CFR part 77 (Definitions that Apply to Department Regulations). (3) 34 CFR part 79 (Intergovernmental Review of Department of Education Programs and Activities). (4) 34 CFR part 81 (General Education Provisions Act—Enforcement). (5) 34 CFR part 82 (New Restrictions on Lobbying). (6) 34 CFR part 84 (Governmentwide Requirements for Drug-Free Workplace (Financial Assistance)). (b) The OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR part 180, as adopted and amended as regulations of the Department in 2 CFR part 3485, and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR part 200, as adopted and amended in 2 CFR part 3474. (c) The regulations in 34 CFR part 222. | ||||
| 34:34:1.2.2.1.3.12.142.7 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | L | Subpart L—Impact Aid Discretionary Construction Grant Program Under Section 8007(b) of the Act | § 222.176 What definitions apply to this program? | ED | (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 § 222.172(b); (4) Erecting or building school facilities, as described in § 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 pr… | |||||
| 34:34:1.2.2.1.3.12.143.10 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | L | Subpart L—Impact Aid Discretionary Construction Grant Program Under Section 8007(b) of the Act | § 222.179 Under what circumstances may an ineligible LEA apply on behalf of a school for an emergency grant under the second priority? | ED | An LEA that is eligible to receive section 8003(b) assistance for the fiscal year but that does not meet the other eligibility criteria described in § 222.178(a) or (b) may apply on behalf of a school located within its geographic boundaries for an emergency grant under the second priority of section 8007(b) of the Act if— (a) The school— (1) Enrolls children living on Indian lands equal to at least 40 percent of the total number of children in ADA; or (2) Enrolls children with a parent in the U.S. uniformed services equal to at least 40 percent of the total number of children in ADA; (b) The school has a school facility emergency that the Secretary has determined poses a health or safety hazard to students and school personnel; (c) The LEA has used at least 75 percent of its bond limit; and (d) The LEA has an average per-student assessed value of real property available to be taxed for school purposes that is below its State average. | |||||
| 34:34:1.2.2.1.3.12.143.11 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | L | Subpart L—Impact Aid Discretionary Construction Grant Program Under Section 8007(b) of the Act | § 222.180 What eligibility requirements must an LEA meet to apply for a modernization grant under the third priority? | ED | An LEA is eligible to apply for a modernization grant under the third priority of section 8007(b) of the Act if it— (a) Is eligible to receive funds for the fiscal year under section 8002 or 8003(b) of the Act; (b)(1) Has no practical capacity to issue bonds; (2) Has minimal capacity to issue bonds and has used at least 75 percent of its bond limit; or (3) Is eligible to receive funds for the fiscal year for heavily impacted districts under section 8003(b)(2) of the Act; and (c) Has facility needs resulting from the presence of the Federal Government, such as the enrollment of federally connected children, the presence of Federal property, or an increase in enrollment due to expanded Federal activities, housing privatization, or the acquisition of Federal property. | |||||
| 34:34:1.2.2.1.3.12.143.12 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | L | Subpart L—Impact Aid Discretionary Construction Grant Program Under Section 8007(b) of the Act | § 222.181 What eligibility requirements must an LEA meet to apply for a modernization grant under the fourth priority? | ED | An LEA is eligible to apply for a modernization grant under the fourth priority of section 8007(b) of the Act if it— (a)(1) Is eligible to receive funds for the fiscal year under section 8003(b) of the Act; and (i) Enrolls children living on Indian lands equal to at least 40 percent of the total number of children in ADA in its schools; or (ii) Enrolls children with a parent in the U.S. uniformed services equal to at least 40 percent of the total number of children in ADA in its schools; or (2) Is eligible to receive assistance for the fiscal year under section 8002 of the Act; (b) Has used at least 75 percent of its bond limit; (c) Has an average per-student assessed value of real property available to be taxed for school purposes that is below its State average; and (d) Has facility needs resulting from the presence of the Federal Government, such as the enrollment of federally connected children, the presence of Federal property, or an increase in enrollment due to expanded Federal activities, housing privatization, or the acquisition of Federal property. | |||||
| 34:34:1.2.2.1.3.12.143.13 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | L | Subpart L—Impact Aid Discretionary Construction Grant Program Under Section 8007(b) of the Act | § 222.182 Under what circumstances may an ineligible LEA apply on behalf of a school for a modernization grant under the fourth priority? | ED | An LEA that is eligible to receive a payment under Title VIII for the fiscal year but that does not meet the other eligibility criteria described in § 222.181 may apply on behalf of a school located within its geographic boundaries for a modernization grant under the fourth priority of section 8007(b) of the Act if— (a) The school— (1) Enrolls children living on Indian lands equal to at least 40 percent of the total number of children in ADA; or (2) Enrolls children with a parent in the U.S. uniformed services equal to at least 40 percent of the total number of children in ADA; (b) The LEA has used at least 75 percent of its bond limit; (c) The LEA has an average per-student assessed value of real property available to be taxed for school purposes that is below its State average; and (d) The school has facility needs resulting from the presence of the Federal Government, such as the enrollment of federally connected children, the presence of Federal property, or an increase in enrollment due to expanded Federal activities, housing privatization, or the acquisition of Federal property. | |||||
| 34:34:1.2.2.1.3.12.143.8 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | L | Subpart L—Impact Aid Discretionary Construction Grant Program Under Section 8007(b) of the Act | § 222.177 What eligibility requirements must an LEA meet to apply for an emergency grant under the first priority? | ED | An LEA is eligible to apply for an emergency grant under the first priority of section 8007(b) of the Act if it— (a) Is eligible to receive formula construction funds for the fiscal year under section 8007(a) of the Act; (b)(1) Has no practical capacity to issue bonds; (2) Has minimal capacity to issue bonds and has used at least 75 percent of its bond limit; or (3) Is eligible to receive funds for the fiscal year for heavily impacted districts under section 8003(b)(2) of the Act; and (c) Has a school facility emergency that the Secretary has determined poses a health or safety hazard to students and school personnel. | |||||
| 34:34:1.2.2.1.3.12.143.9 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | L | Subpart L—Impact Aid Discretionary Construction Grant Program Under Section 8007(b) of the Act | § 222.178 What eligibility requirements must an LEA meet to apply for an emergency grant under the second priority? | ED | Except as provided in § 222.179, an LEA is eligible to apply for an emergency grant under the second priority of section 8007(b) of the Act if it— (a) Is eligible to receive funds for the fiscal year under section 8003(b) of the Act; (b)(1) Enrolls federally connected children living on Indian lands equal to at least 40 percent of the total number of children in average daily attendance (ADA) in its schools; or (2) Enrolls federally connected children with a parent in the U.S. uniformed services equal to at least 40 percent of the total number of children in ADA in its schools; (c) Has used at least 75 percent of its bond limit; (d) Has an average per-student assessed value of real property available to be taxed for school purposes that is below its State average; and (e) Has a school facility emergency that the Secretary has determined poses a health or safety hazard to students and school personnel. | |||||
| 34:34:1.2.2.1.3.12.144.14 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | L | Subpart L—Impact Aid Discretionary Construction Grant Program Under Section 8007(b) of the Act | § 222.183 How does an LEA apply for a grant? | ED | [60 FR 50778, Sept. 29, 1995, as amended at 76 FR 23713, Apr. 28, 2011] | (a) To apply for funds under this program, an LEA may submit only one application for one educational facility for each competition. (b) An application must— (1) Contain the information required in §§ 222.184 through 222.186, as applicable, and in any application notice that the Secretary may publish in the Federal Register ; and (2) Be timely filed in accordance with the provisions of the Secretary's application notice. | ||||
| 34:34:1.2.2.1.3.12.144.15 | 34 | Education | II | 222 | PART 222—IMPACT AID PROGRAMS | L | Subpart L—Impact Aid Discretionary Construction Grant Program Under Section 8007(b) of the Act | § 222.184 What information must an application contain? | ED | An application for an emergency or modernization grant must contain the following information: (a) The name of the school facility the LEA is proposing to repair, construct, or modernize. (b)(1) For an applicant under section 8003(b) of the Act, the number of federally connected children described in section 8003(a)(1) enrolled in the school facility, as well as the total enrollment in the facility, for which the LEA is seeking a grant; or (2) For an applicant under section 8002 of the Act, the total enrollment, for the preceding year, in the LEA and in the school facility for which the LEA is seeking a grant, based on the fall State count date. (c) The identification of the LEA's interest in, or authority over, the school facility involved, such as an ownership interest or a lease arrangement. (d) The original construction date of the school facility that the LEA proposes to renovate or modernize. (e) The dates of any major renovations of that school facility and the areas of the school covered by the renovations. (f) The proportion of Federal acreage within the geographic boundaries of the LEA. (g) Fiscal data including the LEA's— (1) Maximum bonding capacity; (2) Amount of bonded debt; (3) Total assessed value of real property available to be taxed for school purposes; (4) State average assessed value per pupil of real property available to be taxed for school purposes; (5) Local real property tax levy, in mills or dollars, used to generate funds for capital expenditures; and (6) Sources and amounts of funds available for the proposed project. (h) A description of the need for funds and the proposed project for which a grant under this subpart L would be used, including a cost estimate for the project. (i) Applicable assurances and certifications identified in the approved grant application package. |
Advanced export
JSON shape: default, array, newline-delimited, object
CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);