(a) 
         A State, political subdivision, and agency thereof, is not eligible for payments or benefits under programs specified in  § 1400.1(a)(1), unless the exception provided in paragraph (b) of this section applies.
     
    
        
        (b) 
         Subject to the limitation in paragraph (c) of this section, a State, political subdivision, and any agency thereof, may receive payments or benefits under programs specified in  § 1400.1 if both of the following apply:
     
    
        
        (1) 
         The land for which payments are received is owned by the State, political subdivision, or agency thereof and
     
    
        
        (2) 
         The payments are used solely for the support of public schools;
     
    
        
        (c) 
         The total payments described in paragraph (b) of this section cannot exceed $500,000 annually except for States with a population less than 1,500,000, as established by the most recent U.S. Census Bureau annual estimate of such State's resident population.
     
    
        
            Code of Federal Regulations
        
        [73 FR 79273, Dec. 29, 2008, as amended at 75 FR 899, Jan. 7, 2010]