[Code of Federal Regulations] [Title 34, Volume 3] [Revised as of July 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR606.10] [Page 224-226] TITLE 34--EDUCATION CHAPTER VI--OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION PART 606_DEVELOPING HISPANIC-SERVING INSTITUTIONS PROGRAM--Table of Contents Subpart A_General Sec. 606.10 What activities may and may not be carried out under a grant? (a) Planning grants. Under a planning grant, a grantee shall formulate-- (1) A comprehensive development plan described in Sec. 606.8; and (2) An application for a development grant. (b) Development grants--allowable activities. Under a development grant, except as provided in paragraph (c) of this section, a grantee shall carry out activities that implement its comprehensive development plan and hold promise for strengthening the institution. Activities that may be carried out include, but are not limited to-- (1) Purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes. (2) Construction, maintenance, renovation, and improvement in classrooms, libraries, laboratories, and other instructional facilities. (3) Support of faculty exchanges, faculty development, curriculum development, academic instruction, and faculty fellowships to assist in attaining advanced degrees in the fellow's field of instruction. (4) Purchase of library books, periodicals, and other educational materials, including telecommunications program material. (5) Tutoring, counseling, and student service programs designed to improve academic success. (6) Funds management, administrative management, and acquisition of equipment for use in strengthening funds management. (7) Joint use of facilities, such as laboratories and libraries. (8) Establishing or improving a development office to strengthen or improve contributions from alumni and the private sector. (9) Establishing or improving an endowment fund, provided the grantee uses no more than 20 percent of its grant funds for this purpose and at least matches those grant funds with non-Federal funds. (10) Creating or improving facilities for Internet or other distance learning academic instruction capabilities, including purchase or rental of telecommunications technology equipment or services. (11) Establishing or enhancing a program of teacher education designed to qualify students to teach in public elementary or secondary schools. (12) Establishing community outreach programs that will encourage elementary school and secondary school students to develop the academic skills and the interest to pursue postsecondary education. [[Page 225]] (13) Expanding the number of Hispanic and other underrepresented graduate and professional students that can be served by the institution by expanding courses and institutional resources. (14) Other activities that contribute to carrying out the purposes of this program. (c) Development grants--unallowable activities. A grantee may not carry out the following activities or pay the following costs under a development grant: (1) Activities that are not included in the grantee's approved application. (2) Activities that are inconsistent with any State plan for higher education that is applicable to the institution, including, but not limited to, a State plan for desegregation of higher education. (3) Activities or services that relate to sectarian instruction or religious worship. (4) Activities provided by a school or department of divinity. For the purpose of this provision, a ``school or department of divinity'' means an institution, or a department of an institution, whose program is specifically for the education of students to prepare them to become ministers of religion or to enter into some other religious vocation or to prepare them to teach theological subjects. (5) Developing or improving non-degree or non-credit courses other than basic skills development courses. (6) Developing or improving community-based or community services programs, unless the program provides academic-related experiences or academic credit toward a degree for degree students, or, unless it is a program or services to encourage elementary and secondary school students to develop the academic skills and the interest to pursue postsecondary education. (7) Purchase of standard office equipment, such as furniture, file cabinets, bookcases, typewriters, or word processors. (8) Payment of any portion of the salary of a president, vice president, or equivalent officer who has college-wide administrative authority and responsibility at an institution to fill a position under the grant such as project coordinator or activity director. (9) Costs of organized fund-raising, including financial campaigns, endowment drives, solicitation of gifts and bequests, and similar expenses incurred solely to raise capital or obtain contributions. (10) Costs of student recruitment such as advertisements, literature, and college fairs. (11) Services to high school students, unless they are services to encourage such students to develop the skills and the interest to pursue postsecondary education. (12) Instruction in the institution's standard courses as indicated in the institution's catalog. (13) Costs for health and fitness programs, transportation, and day care services. (14) Student activities such as entertainment, cultural, or social enrichment programs, publications, social clubs, or associations. (15) Activities that are operational in nature rather than developmental in nature. (d) Endowment funds. If a grantee uses part of its grant funds to establish or increase an endowment fund, it must comply with the provisions of Sec. Sec. 628.3, 628.6, 628.10, and 628.41 through 628.47 of this chapter with regard to the use of those funds, except-- (1) The definition of the term ``endowment fund income'' in Sec. 628.6 of this chapter does not apply. For the purposes of this paragraph (d), ``endowment fund income'' means an amount equal to the total value of the fund, including fund appreciation and retained interest and dividends, minus the endowment fund corpus; (2) Instead of the requirement in Sec. 628.10(a) of this chapter, the grantee institution must match each dollar of Federal grant funds used to establish or increase an endowment fund with one dollar of non- Federal funds; and (3) Instead of the requirements in Sec. 628.41(a)(3) through (a)(5) and the introductory text in Sec. 628.41(b) and Sec. 628.41(b)(2) and (b)(3) of this chapter, if a grantee institution decides to use any of its grant funds for endowment purposes, it must match those grant funds immediately with non-Federal [[Page 226]] funds when it places those funds into its endowment fund. (Authority: 20 U.S.C. 1101 et seq.) [64 FR 70147, Dec. 15, 1999, as amended at 65 FR 79310, Dec. 19, 2000]