SEC. 7003.

PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY

Section Summary

ESSA

SEC. 7003. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL

PROPERTY.

Section 7002, as redesignated and amended by section 7001 of this

Act, <<NOTE: 20 USC 7702.>> is further amended--

(1) in subsection (a)(1)(C), by striking the matter

preceding clause (i) and inserting the following:

``(C) had an assessed value according to original

records (including facsimiles or other reproductions of

those records) documenting the assessed value of such

property (determined as of the time or times when so

acquired) prepared by the local officials referred to in

subsection (b)(3) or, when such original records are not

available due to unintentional destruction (such as

natural disaster, fire, flooding, pest infestation, or

deterioration due to age), other records, including

Federal agency records, local historical records, or

other records that the Secretary determines to be

appropriate and reliable, aggregating 10 percent or more

of the assessed value of--'';

(2) in subsection (b)--

(A) in paragraph (1)(C) by striking ``section

8003(b)(1)(C)'' and inserting ``section 7003(b)(1)(C)'';

(B) in paragraph (3), by striking subparagraph (B)

and inserting the following:

``(B) Special rule.--In the case of Federal property

eligible under this section that is within the

boundaries of 2 or more local educational agencies that

are eligible under this section, any of such agencies

may ask the Secretary to calculate (and the Secretary

shall calculate) the taxable value of the eligible

Federal property that is within its boundaries by--

``(i) first calculating the per-acre value of

the eligible Federal property separately for each

eligible local educational agency that shared the

Federal property, as provided in subparagraph

(A)(ii);

``(ii) then averaging the resulting per-acre

values of the eligible Federal property from each

eligible local educational agency that shares the

Federal property; and

``(iii) then applying the average per-acre

value to determine the total taxable value of the

eligible Federal property under subparagraph

(A)(iii) for the requesting local educational

agency.'';

(3) in subsection (e)(2), by adding at the end the

following: ``For each fiscal year beginning on or after the date

of enactment of the Every Student Succeeds Act, the Secretary

shall treat

[[Page 129 STAT. 2076]]

local educational agencies chartered in 1871 having more than 70

percent of the county in Federal ownership as meeting the

eligibility requirements of subparagraphs (A) and (C) of

subsection (a)(1).'';

(4) by striking subsection (f) and inserting the following:

``(f) Special Rule.--For each fiscal year beginning on or after the

date of enactment of the Every Student Succeeds Act, a local educational

agency shall be deemed to meet the requirements of subsection (a)(1)(C)

if the agency was eligible under paragraph (1) or (3) of section 8002(f)

as such section was in effect on the day before the date of enactment of

the Every Student Succeeds Act.'';

(5) by striking subsection (g) and inserting the following:

``(g) Former Districts.--

``(1) Consolidations.--For fiscal year 2006 and each

succeeding fiscal year, if a local educational agency described

in paragraph (2) is formed at any time after 1938 by the

consolidation of 2 or more former school districts, the local

educational agency may elect to have the Secretary determine its

eligibility for assistance under this section for any fiscal

year on the basis of 1 or more of those former districts, as

designated by the local educational agency.

``(2) Eligible local educational agencies.--A local

educational agency referred to in paragraph (1) is--

``(A) any local educational agency that, for fiscal

year 1994 or any preceding fiscal year, applied, and was

determined to be eligible under, section 2(c) of the Act

of September 30, 1950 (Public Law 874, 81st Congress) as

that section was in effect for that fiscal year; or

``(B) a local educational agency--

``(i) that was formed by the consolidation of

2 or more districts, at least 1 of which was

eligible for assistance under this section for the

fiscal year preceding the year of the

consolidation; and

``(ii) which includes the designation referred

to in paragraph (1) in its application under

section 7005 for a fiscal year beginning on or

after the date of enactment of the Every Student

Succeeds Act or any timely amendment to such

application.

``(3) Amount.--A local educational agency eligible under

paragraph (1) shall receive a foundation payment as provided for

under subparagraphs (A) and (B) of subsection (h)(1), except

that the foundation payment shall be calculated based on the

most recent payment received by the local educational agency

based on its status prior to consolidation.'';

(6) in subsection (h)(4), by striking ``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'' and inserting ``For

each local educational agency that received a payment under this

section for fiscal year 2010 or any succeeding fiscal year'';

(7) by repealing subsections (k) and (m);

(8) by redesignating subsection (l) as subsection (j);

(9) in subsection (j) (as redesignated by paragraph (8)), by

striking ``(h)(4)(B)'' and inserting ``(h)(2)'';

(10) by redesignating subsection (n) as subsection (k); and

[[Page 129 STAT. 2077]]

(11) in subsection (k)(1) (as redesignated by paragraph

(10)), by striking ``section 8013(5)(C)(iii)'' and inserting

``section 7013(5)(C)(iii)''.

NCLB Text

TITLE VIII--IMPACT AID PROGRAM

SEC. 801. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY.

(a) Foundation Payments for Pre-1995 Recipients.--Section 8002(h)(1)

(20 U.S.C. 7702(h)(1)) is amended--

(1) in subparagraph (A), by striking ``and was eligible to

receive a payment under section 2 of the Act of September 30,

1950'' and inserting ``and that filed, or has been determined

pursuant to statute to have filed a timely application, and

[[Page 115 STAT. 1948]]

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''; and

(2) in subparagraph (B), by striking ``(or if the local

educational agency was not eligible to receive a payment under

such section 2 for fiscal year 1994'' and inserting ``(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''.

(b) Payments for 1995 Recipients.--Section 8002(h)(2) (20 U.S.C.

7702(h)(2)) is amended--

(1) in subparagraph (A), by adding at the end before the

period ``, 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''; and

(2) in subparagraph (B)(ii), by striking ``for each local

educational agency that received a payment under this section

for fiscal year 1995'' and inserting ``for each local

educational agency described in subparagraph (A)''.

(c) Remaining Funds.--Section 8002(h)(4)(B) (20 U.S.C.

7702(h)(4)(B)) is amended--

(1) by striking ``(in the same manner as percentage shares

are determined for local educational agencies under paragraph

(2)(B)(ii))'' and inserting ``(by dividing the maximum amount

that the agency is eligible to receive under subsection (b) by

the total of the maximum amounts for all such agencies)''; and

(2) by striking ``, except that for the purpose of

calculating a local educational agency's assessed value of the

Federal property'' and inserting ``, except that, for the

purpose of calculating a local educational agency's maximum

amount under subsection (b)''.

(d) Additional Assistance for Certain Local Educational Agencies

Impacted by Federal Property Acquisition.--Section 8002 (20 U.S.C. 7702)

is amended by striking subsection (j).

(e) Minimum Payment With Respect to Loss of Eligibility of Certain

Local Educational Agencies.--Section 8002 (20 U.S.C. 7702) is amended by

adding at the end the following:

``(n) Loss of Eligibility.--

``(1) In general.--Notwithstanding any other provision of

this section, the Secretary shall make a minimum payment to a

local educational agency described in paragraph (2), for the

first fiscal year that the agency loses eligibility for

assistance under this section as a result of property located

within the school district served by the agency failing to meet

the definition of Federal property under section

8013(5)(C)(iii), in an amount equal to 90 percent of the amount

received by the agency under this section for the preceding

year.

``(2) Local educational agency described.--A local

educational agency described in this paragraph is an agency

that--

``(A) was eligible for, and received, a payment

under this section for fiscal year 2002; and

``(B) beginning in fiscal year 2003 or a subsequent

fiscal year, is no longer eligible for payments under

this section as provided for in subsection (a)(1)(C) as

a result

[[Page 115 STAT. 1949]]

of the transfer of the Federal property involved to a

non-Federal entity.''.

(f) Application for Payment.--Notwithstanding any other provision of

law, the Secretary shall treat as timely filed an application under

section 8002 (20 U.S.C. 7702) from Academy School District 20, Colorado,

for a payment for fiscal year 1999, and shall process that application

from funds appropriated for that section for fiscal year 2001.