222.177—What eligibility requirements must an LEA meet to apply for an emergency grant under the first priority?
         An LEA is eligible to apply for an emergency grant under the first priority of  section 8007(b) of the Act if it—
    
    
        
        (a) 
         Is eligible to receive formula construction funds for the fiscal year under  section 8007(a) of the Act;
    
    
    
    
        
        (3) 
         Is eligible to receive funds for the fiscal year for heavily impacted districts under  section 8003(b)(2) of the Act; and
    
    
        
        (c) 
         Has a school facility emergency that the Secretary has determined poses a health or safety hazard to students and school personnel.