[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR299.2]

[Page 564]
 
                           TITLE 34--EDUCATION
 
              SECONDARY EDUCATION, DEPARTMENT OF EDUCATION
 
PART 299--GENERAL PROVISIONS--Table of Contents
 
                  Subpart A--Purpose and Applicability
 
Sec. 299.2  What general administrative regulations apply to ESEA programs?

    With regard to the applicability of Education Department General 
Administrative Regulations (EDGAR) in part 80 to the ESEA programs 
except for title VIII programs (Impact Aid) (in addition to any other 
specific implementing regulations):
    (a) 34 CFR part 80 (Uniform Administrative Requirements for Grants 
and Cooperative Agreements to State and Local Governments) applies to 
State, local, and Indian tribal governments under direct grant programs 
(as defined in 34 CFR 75.1(b)), and programs under title XI of ESEA.
    (b) 34 CFR part 80 also applies to State, local, and Indian tribal 
governments under all other programs under the ESEA and to programs 
under title III of the Goals 2000: Educate America Act (title III of 
Goals 2000), unless a State formally adopts its own written fiscal and 
administrative requirements for expending and accounting for all funds 
received by State educational agencies (SEAs) and local educational 
agencies (LEAs) under the ESEA and title III of Goals 2000. If a State 
adopts its own alternative requirements, the requirements must be 
available for inspection upon the request of the Secretary or the 
Secretary's representatives and must--
    (1) Be sufficiently specific to ensure that funds received under 
ESEA and title III of Goals 2000 are used in compliance with all 
applicable statutory and regulatory provisions;
    (2) Ensure that funds received for programs under ESEA and title III 
of Goals 2000 are spent only for reasonable and necessary costs of 
operating those programs; and
    (3) Ensure that funds received under ESEA and title III of Goals 
2000 are not used for general expenses required to carry out other 
responsibilities of State or local governments.

    Note: 34 CFR 222.13 indicates which EDGAR provisions apply to title 
VIII programs (Impact Aid).
    Note:  To meet the first of the three standards, alternative State 
provisions must, among other things, ensure that costs are allocable to 
a particular cost objective.

(Authority: 20 U.S.C. 1221e-3(a)(1))