Section 7702(f) of this title as such section was in effect on the day before
Section 2(c) of the Act of September 30, 1950 (Public Law 874, 81st Congress), referred to in subsec. (g)(2)(A), means section 2(c) of act Sept. 30, 1950, ch. 1124, which was classified to section 237(c) of this title prior to repeal by Pub. L. 103–382, title III, § 331(b),
A prior section 7002 of Pub. L. 89–10 was classified to section 3282 of this title prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
2015—Pub. L. 114–95, § 7001(a)(1), repealed Pub. L. 112–239, § 563(c)(4). See 2013 Amendment notes below.
Subsec. (a)(1)(C). Pub. L. 114–95, § 7003(1), inserted introductory provisions and struck out former introductory provisions which read as follows: “had an assessed value (determined as of the time or times when so acquired) aggregating 10 percent or more of the assessed value of—”.
Subsec. (b)(1)(B). Pub. L. 114–95, § 7001(d)(9), made technical amendment to reference in original act which appears in text as reference to section 7714(a) of this title.
Subsec. (b)(1)(C). Pub. L. 114–95, § 7003(2)(A), made technical amendment to reference in original act which appears in text as reference to section 7703(b)(1)(C) of this title.
Pub. L. 114–95, § 7001(d)(6), made technical amendment to reference in original act which appears in text as reference to section 7703(b) of this title.
Subsec. (b)(3)(B). Pub. L. 114–95, § 7003(2)(B), added subpar. (B) and struck out former subpar. (B). Prior to amendment, text read as follows: “In the case of Federal property eligible under this section that is within the boundaries of 2 or more local educational agencies, such a local educational agency may ask the Secretary to calculate the per acre value of each such local educational agency as provided under subparagraph (A) and apply the average of these per acre values to the acres of the Federal property in such agency.”
Subsec. (e)(2). Pub. L. 114–95, § 7003(3), inserted at end “For each fiscal year beginning on or after
Subsec. (f). Pub. L. 114–95, § 7003(4), added subsec. (f) and struck out former subsec. (f) which related to special rules for certain local educational agencies.
Subsec. (g). Pub. L. 114–95, § 7003(5), added subsec. (g) and struck out former subsec. (g) which allowed a local educational agency formed by the consolidation of 2 or more former school districts to elect to have its eligibility, and the amount which the agency was eligible to receive, determined only with respect to such of the former school districts as the agency designated.
Subsec. (h). Pub. L. 114–95, § 7001(d)(9), made technical amendment to references in original act which appear in text as references to section 7714(a) of this title wherever appearing.
Subsec. (h)(4). Pub. L. 114–95, § 7003(6), substituted “For each local educational agency that received a payment under this section for fiscal year 2010 or any succeeding fiscal year” for “For each local educational agency that received a payment under this section for fiscal year 2010 through the fiscal year in which the Impact Aid Improvement Act of 2012 is enacted”.
Subsec. (j). Pub. L. 114–95, § 7003(8), (9), redesignated subsec. (l) as (j) and substituted “(h)(2)” for “(h)(4)(B)” in introductory provisions.
Subsec. (k). Pub. L. 114–95, § 7003(7), (10), redesignated subsec. (n) as (k) and struck out former subsec. (k) which related to special rules for certain local educational agencies.
Subsec. (k)(1). Pub. L. 114–95, § 7003(11), made technical amendment to reference in original act which appears in text as reference to section 7713(5)(C)(iii) of this title.
Subsec. (l). Pub. L. 114–95, § 7003(8), redesignated subsec. (l) as (j).
Subsec. (m). Pub. L. 114–95, § 7003(7), struck out subsec. (m) which related to eligibility of local educational agencies for payments for Federal property acquired by the Federal Government.
Subsec. (n). Pub. L. 114–95, § 7003(10), redesignated subsec. (n) as (k).
2013—Pub. L. 112–239, § 563(c)(4), which directed repeal of the amendments by Pub. L. 112–239, § 563(b)(1), on the day after the 5-year period that began on
Subsec. (a). Pub. L. 112–239, § 563(b)(1)(A), struck out “for a fiscal year ending prior to
Subsec. (b)(2). Pub. L. 112–239, § 563(b)(1)(B)(i), substituted “estimated taxable” for “aggregate assessed”.
Subsec. (b)(3). Pub. L. 112–239, § 563(b)(1)(B)(ii), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “Such aggregate assessed value of such acquired Federal property shall be determined on the basis of the highest and best use of property adjacent to such acquired Federal property as of the time such value is determined, and provided to the Secretary, by the local official responsible for assessing the value of real property located in the jurisdiction of such local educational agency for the purpose of levying a property tax.”
Subsec. (h)(1). Pub. L. 112–239, § 563(b)(1)(C)(i), substituted “for pre-2010 recipients” for “for pre-1995 recipients” in heading, added pars. (A) and (B), and struck out former pars. (A) and (B) which related to foundation payments for pre-1995 recipients.
Subsec. (h)(2) to (4). Pub. L. 112–239, § 563(b)(1)(C)(ii), added pars. (2) to (4) and struck out former pars. (2) to (4) which related to payments for 1995 recipients, payments in accordance with subsection (i), and funds remaining after making payments, respectively.
2004—Subsec. (m). Pub. L. 108–447 substituted “7 years” for “5 years” in pars. (1), (2)(B), and (3).
2002—Subsec. (h)(1)(A). Pub. L. 107–110, § 801(a)(1), substituted “and that filed, or has been determined pursuant to statute to have filed a timely application, and met, or has been determined pursuant to statute to meet, the eligibility requirements of section 2(a)(1)(C) of the Act of September 30, 1950” for “and was eligible to receive a payment under section 2 of the Act of September 30, 1950”.
Subsec. (h)(1)(B). Pub. L. 107–110, § 801(a)(2), substituted “(or if the local educational agency did not meet, or has not been determined pursuant to statute to meet, the eligibility requirements of section 2(a)(1)(C) of the Act of September 30, 1950 for fiscal year 1994” for “(or if the local educational agency was not eligible to receive a payment under such section 2 for fiscal year 1994”.
Subsec. (h)(2)(A). Pub. L. 107–110, § 801(b)(1), inserted before period at end “, or whose application under this section for fiscal year 1995 was determined pursuant to statute to be timely filed for purposes of payments for subsequent fiscal years”.
Subsec. (h)(2)(B)(ii). Pub. L. 107–110, § 801(b)(2), substituted “for each local educational agency described in subparagraph (A)” for “for each local educational agency that received a payment under this section for fiscal year 1995”.
Subsec. (h)(4)(B). Pub. L. 107–110, § 801(c), substituted “(by dividing the maximum amount that the agency is eligible to receive under subsection (b) of this section by the total of the maximum amounts for all such agencies)” for “(in the same manner as percentage shares are determined for local educational agencies under paragraph (2)(B)(ii))” and “, except that, for the purpose of calculating a local educational agency’s maximum amount under subsection (b) of this section” for “, except that for the purpose of calculating a local educational agency’s assessed value of the Federal property”.
Subsec. (j). Pub. L. 107–110, § 801(d), struck out subsec. (j) which authorized additional assistance for certain local educational agencies impacted by Federal property acquisition.
Subsec. (n). Pub. L. 107–110, § 801(e), added subsec. (n).
2000—Subsec. (a). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1803(a)], substituted “2003” for “1999” in introductory provisions.
Subsec. (b)(1)(A)(i). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1803(b)(1)], designated existing provisions as subcl. (I), substituted “Subject to subclauses (II) and (III), the amount” for “The amount”, struck out “, except that such amount shall be reduced by the Secretary by an amount equal to the amount of revenue, if any, that such agency received during the previous fiscal year from activities conducted on such Federal property” after “in accordance with paragraph (2)”, and added subcls. (II) and (III).
Subsec. (b)(1)(B). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1803(b)(2)], substituted “shall calculate the payment for each eligible local educational agency in accordance with subsection (h)” for “shall ratably reduce the payment to each eligible local educational agency”.
Subsec. (b)(1)(C). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1803(b)(3)], inserted before period at end “, or the maximum amount that such agency is eligible to receive for such fiscal year under this section, whichever is greater”.
Subsec. (h). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1803(c)], amended heading and text generally. Prior to amendment, subsec. (h) required the Secretary to pay under subsec. (b) of this section to eligible local education agencies certain minimum amounts for fiscal years 1995 to 2000.
Subsec. (i). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1803(d)(2)], substituted “Special” for “Priority” in heading.
Subsec. (i)(1). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1803(d)(1)], amended heading and text of par. (1) generally. Prior to amendment, text read as follows: “Notwithstanding subsection (b)(1)(B) of this section, and for any fiscal year beginning with fiscal year 1997 for which the amount appropriated to carry out this section exceeds the amount so appropriated for fiscal year 1996—
“(A) the Secretary shall first use the excess amount (not to exceed the amount equal to the difference of (i) the amount appropriated to carry out this section for fiscal year 1997, and (ii) the amount appropriated to carry out this section for fiscal year 1996) to increase the payment that would otherwise be made under this section to not more than 50 percent of the maximum amount determined under subsection (b) of this section for any local educational agency described in paragraph (2); and
“(B) the Secretary shall use the remainder of the excess amount to increase the payments to each eligible local educational agency under this section.”
Subsec. (j)(2). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1803(e)], struck out “(A)” before “A local educational agency”, redesignated cls. (i) to (v) as subpars. (A) to (E), respectively, and inserted “and, at the time at which the agency is applying for a payment under this subsection, the agency does not have a military installation located within its geographic boundaries” before the semicolon at the end of subpar. (C).
Subsec. (l). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1803(f)], added subsec. (l).
Subsec. (m). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1803(g)], added subsec. (m).
1999—Subsec. (f)(3) to (5). Pub. L. 106–113 added pars. (3) to (5).
1998—Subsec. (f). Pub. L. 105–277 designated existing provisions as par. (1) and added par. (2).
Subsec. (k). Pub. L. 105–277 added subsec. (k).
1997—Subsec. (h)(1)(C). Pub. L. 105–18, § 60004, added subpar. (C).
Subsec. (i). Pub. L. 105–18, § 60006, amended heading and text of subsec. (i) generally. Prior to amendment, text read as follows: “Notwithstanding subsection (b)(1)(B) of this section, and for any fiscal year beginning with fiscal year 1997 for which the amount appropriated to carry out this section exceeds the amount so appropriated for fiscal year 1996, the Secretary shall first use such excess amount to increase the payment that would otherwise be made under this section to not more than 50 percent of the maximum amount determined under subsection (b) of this section for any local educational agency that—
“(1) received a payment under this section for fiscal year 1996;
“(2) serves a school district that contains all or a portion of a United States military academy;
“(3) serves a school district in which the local tax assessor has certified that at least 60 percent of the real property is federally owned; and
“(4) demonstrates to the satisfaction of the Secretary that such agency’s per-pupil revenue derived from local sources for current expenditures is not less than that revenue for the preceding fiscal year.”
Subsec. (j). Pub. L. 105–78 added subsec. (j).
1996—Subsecs. (g), (h). Pub. L. 104–195, § 1, added subsecs. (g) and (h).
Subsec. (i). Pub. L. 104–195, § 6, added subsec. (i).
Amendment by Pub. L. 114–95 effective
Pub. L. 112–239, div. A, title V, § 563(c), “(1) With respect to applications submitted under section 8002 [now 7002] of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7702], as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act [“(2) The Secretary of Education shall carry out the amendments made by this section [amending this section and sections 7703 and 7710 of this title] without regard to the rulemaking procedures under section 553 of title 5, United States Code.“[(3) Redesignated (2).]“[(4)
Amendment by Pub. L. 107–110 effective
Pub. L. 113–76, div. H, title III, § 309,