Except as provided in § 222.179 , an LEA is eligible to apply for an emergency grant under the second priority of section 8007(b) of the Act if it-
(a) Is eligible to receive funds for the fiscal year under section 8003(b) of the Act;(b)(1) Enrolls federally connected children living on Indian lands equal to at least 40 percent of the total number of children in average daily attendance (ADA) in its schools; or(2) Enrolls federally connected children with a parent in the U.S. uniformed services equal to at least 40 percent of the total number of children in ADA in its schools;(c) Has used at least 75 percent of its bond limit;(d) Has an average per-student assessed value of real property available to be taxed for school purposes that is below its State average; and(e) Has a school facility emergency that the Secretary has determined poses a health or safety hazard to students and school personnel. Authority: 20 U.S.C. 7707(b)