[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR74.61]

[Page 117]
 
                           TITLE 34--EDUCATION
 
PART 74--ADMINISTRATION OF GRANTS AND AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NON-PROFIT ORGANIZATIONS--Table of Contents
 
                   Subpart C--Post-Award Requirements
 
Sec.  74.61  Termination.

    (a) Awards may be terminated in whole or in part only--
    (1) By the Secretary, if a recipient materially fails to comply with 
the terms and conditions of an award;
    (2) By the Secretary with the consent of the recipient, in which 
case the two parties shall agree upon the termination conditions, 
including the effective date and, in the case of partial termination, 
the portion to be terminated.
    (3) By the recipient, upon sending to the Secretary written 
notification containing the reasons for the termination, the effective 
date, and, in the case of partial termination, the portion to be 
terminated. However, if the Secretary determines in the case of partial 
termination that the reduced or modified portion of the grant will not 
accomplish the purposes for which the grant was made, it may terminate 
the grant in its entirety under either paragraph (a)(1) or (2) of this 
section.
    (b) If costs are allowed under an award, the responsibilities of the 
recipient referred to in Sec.  74.71(a), including those for property 
management as applicable, shall be considered in the termination of the 
award, and provision shall be made for continuing responsibilities of 
the recipient after termination, as appropriate.

(Authority: 20 U.S.C. 1221e-3, 3474; OMB Circular A-110)