§ 7713. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC7713]
TITLE 20--EDUCATION
CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY
SCHOOLS
SUBCHAPTER VIII--IMPACT AID
Sec. 7713. Definitions
For purposes of this subchapter:
(1) Armed Forces
The term ``Armed Forces'' means the Army, Navy, Air Force, and
Marine Corps.
(2) Average per-pupil expenditure
The term ``average per-pupil expenditure'' means--
(A) the aggregate current expenditures of all local
educational agencies in the State; divided by
(B) the total number of children in average daily attendance
for whom such agencies provided free public education.
(3) Construction
The term ``construction'' means--
(A) the preparation of drawings and specifications for
school facilities;
(B) erecting, building, acquiring, altering, remodeling,
repairing, or extending school facilities;
(C) inspecting and supervising the construction of school
facilities; and
(D) debt service for such activities.
(4) Current expenditures
The term ``current expenditures'' means expenditures for free
public education, including expenditures for administration,
instruction, attendance and health services, pupil transportation
services, operation and maintenance of plant, fixed charges, and net
expenditures to cover deficits for food services and student body
activities, but does not include expenditures for community
services, capital outlay, and debt service, or any expenditures made
from funds awarded under part A of subchapter I of this chapter and
subchapter VI of this chapter. The determination of whether an
expenditure for the replacement of equipment is considered a current
expenditure or a capital outlay shall be determined in accordance
with generally accepted accounting principles as determined by the
State.
(5) Federal property
(A) In general
Except as provided in subparagraphs (B) through (F), the
term ``Federal property'' means real property that is not
subject to taxation by any State or any political subdivision of
a State due to Federal agreement, law, or policy, and that is--
(i) owned by the United States or leased by the United
States from another entity;
(ii)(I) held in trust by the United States for
individual Indians or Indian tribes;
(II) held by individual Indians or Indian tribes subject
to restrictions on alienation imposed by the United States;
(III) conveyed at any time under the Alaska Native
Claims Settlement Act [43 U.S.C. 1601 et seq.] to a Native
individual, Native group, or village or regional
corporation;
(IV) public land owned by the United States that is
designated for the sole use and benefit of individual
Indians or Indian tribes; or
(V) used for low-rent housing, as described in paragraph
(10), that is located on land described in subclause (I),
(II), (III), or (IV) of this clause or on land that met one
of those descriptions immediately before such property's use
for such housing;
(iii)(I) part of a low-rent housing project assisted
under the United States Housing Act of 1937 [42 U.S.C. 1437
et seq.];
(II) used to provide housing for homeless children at
closed military installations pursuant to section 11411 of
title 42; or
(III) used for affordable housing assisted under the
Native American Housing Assistance and Self-Determination
Act of 1996 [25 U.S.C. 4101 et seq.]; or
(iv) owned by a foreign government or by an
international organization.
(B) Schools providing flight training to members of Air Force
The term ``Federal property'' includes, so long as not
subject to taxation by any State or any political subdivision of
a State, and whether or not that tax exemption is due to Federal
agreement, law, or policy, any school providing flight training
to members of the Air Force under contract with the Air Force at
an airport owned by a State or political subdivision of a State.
(C) Non-Federal easements, leases, licenses, permits,
improvements, and certain other real property
The term ``Federal property'' includes, whether or not
subject to taxation by a State or a political subdivision of a
State--
(i) any non-Federal easement, lease, license, permit, or
other such interest in Federal property as otherwise
described in this paragraph, but not including any non-
Federal fee-simple interest;
(ii) any improvement on Federal property as otherwise
described in this paragraph; and
(iii) real property that, immediately before its sale or
transfer to a non-Federal party, was owned by the United
States and otherwise qualified as Federal property described
in this paragraph, but only for one year beyond the end of
the fiscal year of such sale or transfer.
(D) Certain Postal Service property and pipelines and utility
lines
Notwithstanding any other provision of this paragraph, the
term ``Federal property'' does not include--
(i) any real property under the jurisdiction of the
United States Postal Service that is used primarily for the
provision of postal services; or
(ii) pipelines and utility lines.
(E) Property with respect to which State or local tax revenues
may not be expended, allocated, or available for free
public education
Notwithstanding any other provision of this paragraph,
``Federal property'' does not include any property on which
children reside that is otherwise described in this paragraph
if--
(i) no tax revenues of the State or of any political
subdivision of the State may be expended for the free public
education of children who reside on that Federal property;
or
(ii) no tax revenues of the State are allocated or
available for the free public education of such children.
(F) Property located in the State of Oklahoma owned by Indian
housing authority for low-income housing
The term ``Federal property'' includes any real property
located in the State of Oklahoma that--
(i) is owned by an Indian housing authority and used for
low-income housing (including housing assisted under or
authorized by the Native American Housing Assistance and
Self-Determination Act of 1996 [25 U.S.C. 4101 et seq.]);
and
(ii) at any time--
(I) was designated by treaty as tribal land; or
(II) satisfied the definition of Federal property
under section 403(1)(A) of the Act of September 30, 1950
(Public Law 874, 81st Congress) (as such Act was in
effect on the day preceding October 20, 1994).
(6) Free public education
The term ``free public education'' means education that is
provided--
(A) at public expense, under public supervision and
direction, and without tuition charge; and
(B) as elementary or secondary education, as determined
under State law, except that, notwithstanding State law, such
term--
(i) includes preschool education; and
(ii) does not include any education provided beyond
grade 12.
(7) Indian lands
The term ``Indian lands'' means any Federal property described
in paragraph (5)(A)(ii) or (5)(F).
(8) Local contribution percentage
(A) In general
The term ``local contribution percentage'' means the
percentage of current expenditures in the State derived from
local and intermediate sources, as reported to and verified by
the National Center for Education Statistics.
(B) Hawaii and District of Columbia
Notwithstanding subparagraph (A), the local contribution
percentage for Hawaii and for the District of Columbia shall be
the average local contribution percentage for the 50 States and
the District of Columbia.
(9) Local educational agency
(A) In general
Except as provided in subparagraph (B), the term ``local
educational agency''--
(i) means a board of education or other legally
constituted local school authority having administrative
control and direction of free public education in a county,
township, independent school district, or other school
district; and
(ii) includes any State agency that directly operates
and maintains facilities for providing free public
education.
(B) Exception
The term ``local educational agency'' does not include any
agency or school authority that the Secretary determines on a
case-by-case basis--
(i) was constituted or reconstituted primarily for the
purpose of receiving assistance under this subchapter or the
Act of September 30, 1950 (Public Law 874, 81st Congress)
(as such Act was in effect on the day preceding October 20,
1994) or increasing the amount of such assistance; or
(ii) is not constituted or reconstituted for legitimate
educational purposes.
(10) Low-rent housing
The term ``low-rent housing'' means housing located on property
that is described in paragraph (5)(A)(iii).
(11) Modernization
The term ``modernization'' means repair, renovation, alteration,
or construction, including--
(A) the concurrent installation of equipment; and
(B) the complete or partial replacement of an existing
school facility, but only if such replacement is less expensive
and more cost-effective than repair, renovation, or alteration
of the school facility.
(12) Revenue derived from local sources
The term ``revenue derived from local sources'' means--
(A) revenue produced within the boundaries of a local
educational agency and available to such agency for such
agency's use; or
(B) funds collected by another governmental unit, but
distributed back to a local educational agency in the same
proportion as such funds were collected as a local revenue
source.
(13) School facilities
The term ``school facilities'' includes--
(A) classrooms and related facilities; and
(B) equipment, machinery, and utilities necessary or
appropriate for school purposes.
(Pub. L. 89-10, title VIII, Sec. 8013, as added Pub. L. 103-382, title
I, Sec. 101, Oct. 20, 1994, 108 Stat. 3769; amended Pub. L. 106-398,
Sec. 1 [[div. A], title XVIII, Sec. 1816], Oct. 30, 2000, 114 Stat.
1654, 1654A-387; Pub. L. 106-400, Sec. 2, Oct. 30, 2000, 114 Stat.
1675.)
References in Text
The Alaska Native Claims Settlement Act, referred to in par.
(5)(A)(ii)(III), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as
amended, which is classified generally to chapter 33 (Sec. 1601 et seq.)
of Title 43, Public Lands. For complete classification of this Act to
the Code, see Short Title note set out under section 1601 of Title 43
and Tables.
The United States Housing Act of 1937, referred to in par.
(5)(A)(iii)(I), is act Sept. 1, 1937, ch. 896, as revised generally by
Pub. L. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653,
which is classified generally to chapter 8 (Sec. 1437 et seq.) of Title
42, The Public Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 1437 of
Title 42 and Tables.
The Native American Housing Assistance and Self-Determination Act of
1996, referred to in par. (5)(A)(iii)(III), (F)(i), is Pub. L. 104-330,
Oct. 26, 1996, 110 Stat. 4016, as amended, which is classified
principally to chapter 43 (Sec. 4101 et seq.) of Title 25, Indians. For
complete classification of this Act to the Code, see Short Title note
set out under section 4101 of Title 25 and Tables.
Act of September 30, 1950 (Public Law 874, 81st Congress) (as such
Act was in effect on the day preceding October 20, 1994), referred to in
pars. (5)(F)(ii)(II) and (9)(B)(i), is act Sept. 30, 1950, ch. 1124, 64
Stat. 1100, as amended, which was classified generally to chapter 13
(Sec. 236 et seq.) of this title prior to repeal by Pub. L. 103-382,
title III, Sec. 331(b), Oct. 20, 1994, 108 Stat. 3965. Section 403 of
the Act was classified to section 244 of this title. For complete
classification of this Act to the Code, see Tables.
Amendments
2000--Par. (5)(A)(iii)(II). Pub. L. 106-400 made technical amendment
to reference in original act which appears in text as reference to
section 11411 of title 42.
Par. (5)(A)(iii)(III). Pub. L. 106-398, Sec. 1 [[div. A], title
XVIII, Sec. 1816(1)(A)], added subcl. (III).
Par. (5)(F)(i). Pub. L. 106-398, Sec. 1 [[div. A], title XVIII,
Sec. 1816(1)(B)], substituted ``or authorized by the Native American
Housing Assistance and Self-Determination Act of 1996'' for ``the mutual
help ownership opportunity program under section 202 of the United
States Housing Act of 1937''.
Par. (8)(B). Pub. L. 106-398, Sec. 1 [[div. A], title XVIII,
Sec. 1816(2)], substituted ``the 50 States and the District of
Columbia'' for ``all States''.
Pars. (11) to (13). Pub. L. 106-398, Sec. 1 [[div. A], title XVIII,
Sec. 1816(3), (4)], added par. (11) and redesignated former pars. (11)
and (12) as (12) and (13), respectively.
Section Referred to in Other Sections
This section is referred to in sections 7702, 7703a of this title;
title 10 section 2008; title 40 section 502.
