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e-CFR Data is current as of January 5, 2010
TITLE 34--Education
Subtitle B--REGULATIONS OF THE OFFICES OF THE DEPARTMENT OF EDUCATION
CHAPTER II--OFFICE OF ELEMENTARY AND SECONDARY EDUCATION, DEPARTMENT OF EDUCATION
PART 222--IMPACT AID PROGRAMS
Subpart A--GENERAL
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| What is the scope of this part? |
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| What definitions apply to this part? |
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| How does a local educational agency apply for assistance under section 8002 or 8003 of the Act? |
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| How does the Secretary determine when an application is timely filed? |
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| When may a local educational agency amend its application? |
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| Which applications does the Secretary accept? |
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| What information may a local educational agency submit after the application deadline? |
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| What action must an applicant take upon a change in its boundary, classification, control, governing authority, or identity? |
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| What records must a local educational agency maintain? |
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| How long must a local educational agency retain records? |
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| How does the Secretary recover overpayments? |
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| What overpayments are eligible for forgiveness under section 8012 of the Act? |
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| What overpayments are not eligible for forgiveness under section 8012 of the Act? |
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| What requirements must a local educational agency meet for an eligible overpayment to be forgiven in whole or part? |
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| How are the filing deadlines affected by requests for other forms of relief? |
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| What information and documentation must an LEA submit for an eligible overpayment to be considered for forgiveness? |
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| How does the Secretary determine undue financial hardship and serious harm to a local educational agency's educational program? |
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| What amount does the Secretary forgive? |
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| What other statutes and regulations apply to this part? |
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Subpart B--PAYMENTS FOR FEDERAL PROPERTY UNDER SECTION 8002 OF THE ACT
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| What definitions apply to this subpart? |
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| What requirements must a local educational agency meet concerning Federal acquisition of real property within the local educational agency? |
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| How does the Secretary treat compensation from Federal activities for purposes of determining eligibility and payments? |
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| How does a local educational agency determine the aggregate assessed value of its eligible Federal property for its section 8002 payment? |
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Subpart C--PAYMENTS FOR FEDERALLY CONNECTED CHILDREN UNDER SECTION 8003(B) AND (E) OF THE ACT
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| What is ''free public education''? |
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| To which local educational agencies does the Secretary make basic support payments under section 8003(b) of the Act? |
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| Upon what information is a local educational agency's basic support payment based? |
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| When must an applicant make its first or only membership count? |
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| If an applicant makes a second membership count, when must that count be made? |
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| How does a local educational agency count the membership of its federally connected children? |
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| What minimum number of federally connected children must a local educational agency have to receive a payment on behalf of those children under section 8003(b) and (e)? |
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| How does the Secretary calculate the average daily attendance of federally connected children? |
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| What is the maximum basic support payment that a local educational agency may receive under section 8003(b)? |
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| How does a State educational agency identify generally comparable local educational agencies for local contribution rate purposes? |
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| How does a local educational agency select a local contribution rate based on generally comparable local educational agencies? |
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| How does a State educational agency compute local contribution rates based upon generally comparable local educational agencies? |
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Subpart D--PAYMENTS UNDER SECTION 8003(D) OF THE ACT FOR LOCAL EDUCATIONAL AGENCIES THAT SERVE CHILDREN WITH DISABILITIES
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| What definitions apply to this subpart? |
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| Which children may a local educational agency count for payment under section 8003(d) of the Act? |
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| What requirements must a local educational agency meet to receive a payment under section 8003(d)? |
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| What restrictions and requirements apply to the use of funds provided under section 8003(d)? |
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| What supplement-not-supplant requirement applies to this subpart? |
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| What other statutes and regulations are applicable to this subpart? |
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Subpart E--ADDITIONAL ASSISTANCE FOR HEAVILY IMPACTED LOCAL EDUCATIONAL AGENCIES UNDER SECTION 8003(F) OF THE ACT
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| What are the scope and purpose of these regulations? |
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| What data are used to determine a local educational agency's eligibility and payment under section 8003(f) of the Act? |
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| Which local educational agencies are eligible to apply for an additional payment under section 8003(f)? |
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| What other requirements must a local educational agency meet in order to be eligible for financial assistance under section 8003(f)(2)(A)? |
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| What other requirements must a local educational agency meet in order to be eligible for financial assistance under section 8003(f)(2)(B)? |
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| How may a State aid program affect a local educational agency's eligibility for assistance under section 8003(f)? |
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| How does the Secretary determine whether a fiscally independent local educational agency is making a reasonable tax effort? |
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| What tax rates does the Secretary use if real property is assessed at different percentages of true value? |
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| What tax rates does the Secretary use if two or more different classifications of real property are taxed at different rates? |
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| What tax rates may the Secretary use if substantial local revenues are derived from local tax sources other than real property taxes? |
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| How does the Secretary determine whether a fiscally dependent local educational agency is making a reasonable tax effort? |
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| What information must be provided by the State educational agency? |
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| How does the Secretary determine a maximum payment for local educational agencies that are eligible for financial assistance under section 8003(f)(2)(A) and 222.63? |
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| How does the Secretary determine a maximum payment for local educational agencies that are eligible for financial assistance under section 8003(f)(2)(B) and 222.64? |
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| How does the Secretary identify generally comparable local educational agencies for purposes of section 8003(f)? |
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| How does the Secretary compute the average per pupil expenditure of generally comparable local educational agencies under this subpart? |
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| What does the Secretary do if appropriation levels are insufficient to pay in full the amounts calculated under 222.72 and 222.73? |
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Subpart F--PAYMENTS TO LOCAL EDUCATIONAL AGENCIES FOR CHILDREN WITH SEVERE DISABILITIES UNDER SECTION 8003(G) OF THE ACT
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| What definitions apply to this subpart? |
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| What requirements must a local educational agency meet to be eligible for a payment under section 8003(g) of the Act? |
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| How does the Secretary calculate the total amount of funds available for payments under section 8003(g)? |
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| How does an eligible local educational agency apply for a payment under section 8003(g)? |
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| How does the Secretary calculate payments under section 8003(g) for eligible local educational agencies? |
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| How may a local educational agency use funds that it receives under section 8003(g)? |
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Subpart G--SPECIAL PROVISIONS FOR LOCAL EDUCATIONAL AGENCIES THAT CLAIM CHILDREN RESIDING ON INDIAN LANDS
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| What definitions apply to this subpart? |
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| What requirements must a local educational agency meet to receive a payment under section 8003 of the Act for children residing on Indian lands? |
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| What additional statutes and regulations apply to this subpart? |
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| What provisions must be included in a local educational agency's Indian policies and procedures? |
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| How are Indian policies and procedures reviewed to ensure compliance with the requirements in section 8004(a) of the Act? |
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| Who may file a complaint about a local educational agency's Indian policies and procedures? |
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| What must be included in a complaint? |
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| When does the Assistant Secretary consider a complaint received? |
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| What actions must be taken upon receipt of a complaint? |
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| When may a local educational agency reply to a complaint? |
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| What are the procedures for conducting a hearing on a local educational agency's Indian policies and procedures? |
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| What is the authority of the hearing examiner in conducting a hearing? |
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| What procedures are followed after the hearing? |
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| What are the responsibilities of the Assistant Secretary after the hearing? |
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| How does the Assistant Secretary implement the provisions of this subpart? |
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| When does the Assistant Secretary withhold payments from a local educational agency under this subpart? |
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| How are withholding procedures initiated under this subpart? |
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| What procedures are followed after the Assistant Secretary issues a notice of intent to withhold payments? |
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| How are withholding hearings conducted in this subpart? |
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| What is the effect of withholding under this subpart? |
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| When is a local educational agency exempt from withholding of payments? |
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| How does the affected Indian tribe or tribes request that payments to a local educational agency not be withheld? |
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| What procedures are followed if it is determined that the local educational agency's funds will not be withheld under this subpart? |
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Subpart H--[RESERVED]
Subpart I--FACILITIES ASSISTANCE AND TRANSFERS UNDER SECTION 8008 OF THE ACT
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| What definitions apply to this subpart? |
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| For what types of projects may the Secretary provide assistance under section 8008 of the Act? |
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| What terms and conditions apply to minimum school facilities operated under section 8008 by another agency? |
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| What terms and conditions apply to the transfer of minimum school facilities? |
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Subpart J--IMPACT AID ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW UNDER SECTION 8011 OF THE ACT
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| What is the scope of this subpart? |
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| When is an administrative hearing provided to a local educational agency? |
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| When may a local educational agency request reconsideration of a determination? |
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| How must a local educational agency request an administrative hearing? |
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| How must written submissions under this subpart be filed? |
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| When and where is an administrative hearing held? |
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| How is an administrative hearing conducted? |
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| What procedures apply for issuing or appealing an administrative law judge's decision? |
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| What procedures apply to the Secretary's review of an initial decision? |
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| When and where does a party seek judicial review? |
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Subpart K--DETERMINATIONS UNDER SECTION 8009 OF THE ACT
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| What are the scope and purpose of this subpart? |
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| How is State aid treated under section 8009 of the Act? |
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| What disparity standard must a State meet in order to be certified and how are disparities in current expenditures or revenues per pupil measured? |
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| What proportion of Impact Aid funds may a State take into consideration upon certification? |
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| What procedures does the Secretary follow in making a determination under section 8009? |
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| What procedures does the Secretary follow after making a determination under section 8009? |
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| Appendix to Subpart K of Part 222
--Determinations Under Section 8009 of the Act--Methods of Calculations for Treatment of Impact Aid Payments Under State Equalization Programs |
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Subpart L--IMPACT AID DISCRETIONARY CONSTRUCTION GRANT PROGRAM UNDER SECTION 8007(B) OF THE ACT
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| What is the purpose of the Impact Aid Discretionary Construction grant program (Section 8007(b) of the Act)? |
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| What LEAs may be eligible for Discretionary Construction grants? |
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| What activities may an LEA conduct with funds received under this program? |
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| What activities will not receive funding under a Discretionary Construction grant? |
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| What prohibitions apply to these funds? |
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| What regulations apply to recipients of funds under this program? |
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| What definitions apply to this program? |
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| What eligibility requirements must an LEA meet to apply for an emergency grant under the first priority? |
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| What eligibility requirements must an LEA meet to apply for an emergency grant under the second priority? |
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| Under what circumstances may an ineligible LEA apply on behalf of a school for an emergency grant under the second priority? |
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| What eligibility requirements must an LEA meet to apply for a modernization grant under the third priority? |
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| What eligibility requirements must an LEA meet to apply for a modernization grant under the fourth priority? |
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| Under what circumstances may an ineligible LEA apply on behalf of a school for a modernization grant under the fourth priority? |
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| How does an LEA apply for a grant? |
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| What information must an application contain? |
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| What additional information must be included in an emergency grant application? |
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| What additional information must be included in a modernization grant application? |
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| Which year's data must an SEA or LEA provide? |
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| What priorities may the Secretary establish? |
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| What funding priority does the Secretary give to applications? |
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| How does the Secretary rank and select applicants? |
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| What is the maximum award amount? |
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| What local funds may be considered as available for this project? |
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| What other limitations on grant amounts apply? |
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| Are ''in-kind'' contributions permissible? |
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| How does the Secretary make funds available to grantees? |
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| What additional construction and legal requirements apply? |
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