[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR75.200]

[Page 140]
 
                           TITLE 34--EDUCATION
 
PART 75_DIRECT GRANT PROGRAMS--Table of Contents
 
                      Subpart D_How Grants Are Made
 
Sec. 75.200  How applications for new grants and cooperative agreements 
are selected for funding; standards for use of cooperative agreements.

                        Selection of New Projects


    (a) Direct grant programs. The Department administers two kinds of 
direct grant programs. A direct grant program is either a discretionary 
grant or a formula grant program.
    (b) Discretionary grant programs. (1) A discretionary grant program 
is one that permits the Secretary to use discretionary judgment in 
selecting applications for funding.

    Cross reference: See Sec. 75.219 Exceptions to the procedures under 
Sec. 75.217.

    (2) The Secretary uses selection criteria to evaluate the 
applications submitted for new grants under a discretionary grant 
program.
    (3) To evaluate the applications for new grants under the program 
the Secretary may use:
    (i) Selection criteria established under Sec. 75.209.
    (ii) Selection criteria in program-specific regulations.
    (iii) Selection criteria established under Sec. 75.210.
    (iv) Any combination of criteria from paragraphs (b)(3)(i), 
(b)(3)(ii), and (b)(3)(iii) of this section.
    (4) The Secretary may award a cooperative agreement instead of a 
grant if the Secretary determines that substantial involvement between 
the Department and the recipient is necessary to carry out a 
collaborative project.
    (5) The Secretary uses the selection procedures in this subpart to 
select recipients of cooperative agreements.
    (c) Formula grant programs. (1) A formula grant program is one that 
entitles certain applicants to receive grants if they meet the 
requirements of the program. Applicants do not compete with each other 
for the funds, and each grant is either for a set amount or for an 
amount determined under a formula.
    (2) The Secretary applies the program statute and regulations to 
fund projects under a formula grant program.

(Authority: 20 U.S.C. 1221e-3 and 3474)

[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, 
as amended at 52 FR 27803, July 24, 1987; 57 FR 30338, July 8, 1992; 60 
FR 63873, Dec. 12, 1995; 62 FR 10401, Mar. 6, 1997]