[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR370.30]

[Page 398]
 
                           TITLE 34--EDUCATION
 
            REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION
 
PART 370--CLIENT ASSISTANCE PROGRAM--Table of Contents
 
  Subpart D--How Does the Secretary Allocate and Reallocate Funds to a 
                                 State?
 
Sec.  370.30  How does the Secretary allocate funds?


    (a) The Secretary allocates the funds available under this part for 
any fiscal year to the States on the basis of the relative population of 
each State. The Secretary allocates at least $50,000 to each State, 
unless the provisions of section 112(e)(1)(D) of the Act (which provides 
for increasing the minimum allotment if the appropriation for the CAP 
exceeds $7,500,000 or the appropriation is increased by a certain 
percentage described in section 112(e)(1)(D)(ii) of the Act) are 
applicable.
    (b) The Secretary allocates $30,000 each, unless the provisions of 
section 112(e)(1)(D) of the Act are applicable, to American Samoa, Guam, 
the Virgin Islands, the Northern Mariana Islands, and the Republic of 
Palau, except that the Secretary allocates to the Republic of Palau only 
75 percent of this allotment in fiscal year 1996, only 50 percent of 
this allotment in fiscal year 1997, only 25 percent of this allotment in 
fiscal year 1998, and none of this allotment in fiscal year 1999 and 
thereafter.
    (c) Unless prohibited or otherwise provided by State law, 
regulation, or policy, the Secretary pays to the designated agency, from 
the State allotment under paragraph (a) or (b) of this section, the 
amount specified in the State's approved request. Because the designated 
agency is the eventual, if not the direct, recipient of the CAP funds, 
34 CFR parts 74 and 81 apply to the designated agency, whether or not 
the designated agency is the actual recipient of the CAP grant. However, 
because it is the State that submits an application for and receives the 
CAP grant, the State remains the grantee for purposes of 34 CFR parts 76 
and 80. In addition, both the State and the designated agency are 
considered recipients for purposes of 34 CFR part 81.

(Authority: 29 U.S.C. 732 (b) and (e); Pub. L. 101-219 (Dec. 12, 1989); 
Pub. L. 99-658 (Nov. 14, 1986); and Pub. L. 99-239 (Jan. 14, 1986))

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