[Federal Register: December 13, 1996 (Volume 61, Number 241)]
[Page 65923-65924]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[[Page 65923]]



Department of Education


Impact Aid; Notice

[[Page 65924]]


Impact Aid

AGENCY: Department of Education.

ACTION: Notice announcing a special application and amendment filing 
date for certain Impact Aid fiscal years (FYs) 1995 and 1996 section 
8002 grants and FY 1997 section 8003 grants.


SUMMARY: The Secretary announces a special filing date of January 31, 
1997, for the submission of applications or amendments for certain 
Impact Aid FYs 1995 and 1996 section 8002 grants and FY 1997 section 
8003 grants. Impact Aid regulations at 34 CFR 222.3 and 222.5 specify 
that the annual application deadline is January 31 of the fiscal year 
in which a local educational agency (LEA) seeks assistance under 
section 8002 or section 8003. Amendments for those applications must be 
made no later than the end of the fiscal year in which an LEA seeks 
assistance under section 8002 or section 8003. However, as a result of 
several legislative amendments to the Impact Aid statute (Title VIII of 
the Elementary and Secondary Education Act) in September 1996, it is 
necessary to provide additional time to the LEAs described below, which 
are affected by the amendments, to file new or amended applications for 
certain fiscal years for which the general annual filing dates have 

EFFECTIVE DATE: This notice announcing a special filing date of January 
31, 1997, for the specified Impact Aid FYs 1995 and 1996 section 8002 
grants and FY 1997 section 8003 grants is effective December 13, 1996. 
The deadline date for the transmittal of comments by State Educational 
Agencies is February 15, 1997.

SUPPLEMENTARY INFORMATION: The categories of Impact Aid applicants and 
the basis and fiscal years for which new or amended applications for 
past years may be filed are summarized in the table at the end of this 
section and explained in detail as follows:
    (1) Section 1 of the Impact Aid Technical Amendments of 1996 (Pub. 
L. 104-195) added section 8002(g) to the Impact Aid statute. This 
provision covers any LEA that has been consolidated since 1938, and 
that applied for and was determined eligible based on any of its 
formerly separate LEAs under section 8002's predecessor (section 2(c) 
of Pub. L. 81-874) at any time before FY 1995. It allows such an LEA to 
have its current eligibility and payment determined on the basis of 
whichever of its formerly separate districts it chooses. Local 
educational agencies affected by this provision may now amend or file 
new section 8002 applications for FY 1995 or 1996, or both.
    (2) Section 5 of the Impact Aid Amendments of 1996 specifies that, 
beginning with FY 1997, eligibility and payments under section 8003(f) 
for heavily impacted districts should be determined based on student, 
revenue, and tax data from the second preceding fiscal year rather than 
on current year data.
    As a result of this provision, any affected section 8003 applicant 
may now file a section 8003(f) application for FY 1997.
    (3) Section 376 of the National Defense Authorization Act of 1997 
(Pub. L. 104-201) amended section 8003(a)(3) of the Impact Aid statute 
to allow an LEA that educates children in categories (F) or (G) 
(formerly identified as ``civilian b's'') to count those children for 
eligibility and payment if those children number at least 1,000 in 
average daily attendance or equal at least 10 percent of the LEA's 
total average daily attendance. Formerly, the statutorily required 
threshold was 2,000 children and 15 percent of total average daily 
attendance. Any section 8003 applicant affected by this statutory 
revision may now file or amend an FY 1997 section 8003 application.
    In all three cases, the specified section 8002 or 8003 applications 
or amendments for past fiscal years must be filed by January 31, 1997. 
The 60-day extended deadline provision (with a ten percent payment 
reduction penalty) in section 8005(d) of the Impact Aid statute is not 
applicable to applications or amendments that are submitted under this 
extension as a result of the Congressional amendments for otherwise 
closed fiscal years specified in the box below.

                              New Impact Aid Application and Amendment Filing Dates                             
        Type of applicant             Basis for extension     Affected fiscal year         New filing date      
Section 8002.....................  Eligibility based on       FY 1995 or 1996, or   January 31, 1997.           
                                    former districts for       both.                                            
                                    consolidated districts                                                      
                                    previously eligible                                                         
                                    under section 2(c) of                                                       
                                    P.L. 81-874.                                                                
Section 8003(f)..................  Eligibility and payments   FY 1997.............  January 31, 1997.           
                                    for heavily impacted                                                        
                                    LEAs based on second                                                        
                                    preceding year student,                                                     
                                    revenue or tax data.                                                        
Section 8003.....................  Eligibility and payment    FY 1997.............  January 31, 1997.           
                                    for children under                                                          
                                    section 8003(a)(1) (F)                                                      
                                    or (G) based on such                                                        
                                    children numbering at                                                       
                                    least 1,000 in average                                                      
                                    daily attendance or                                                         
                                    equal to at least 10                                                        
                                    percent of total average                                                    
                                    daily attendance.                                                           

Waiver of Rulemaking

    Section 222.3 of Title 34 of the Code of Federal Regulations, which 
establishes the annual January 31 Impact Aid application deadline, is 
currently in effect. However, due to the legislative amendments, the 
application period for certain prior fiscal years needed to be 
extended. Because this amendment makes a procedural change for this 
year only as a result of unique circumstances, proposed rulemaking is 
not required under 5 U.S.C. 553(b)(A). In addition, the Secretary has 
determined under 5 U.S.C. 553(b)(B) that proposed rulemaking on this 
one-time limited suspension of the regulatory filing date is 
impracticable, unnecessary, and contrary to the public interest.

Department of Education, 600 Independence Avenue SW, 4200 Portals, 
Washington, DC 20202-6244. Telephone: (202) 260-3858. Individuals who 
use a telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 
p.m., Eastern time, Monday through Friday.

    Program Authority: 20 U.S.C. 7705.

(Catalog of Federal Domestic Assistance Number 84.041, Impact Aid)

    Dated: December 9, 1996.
Gerald N. Tirozzi,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 96-31610 Filed 12-12-96; 8:45 am]