[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR75.1] [Page 129-132] TITLE 34--EDUCATION PART 75_DIRECT GRANT PROGRAMS--Table of Contents Subpart A_General Sec. 75.1 Programs to which part 75 applies. Subpart A_General Regulations That Apply to Direct Grant Programs Sec. 75.1 Programs to which part 75 applies. 75.2 Exceptions in program regulations to part 75. 75.4 Department contracts. [[Page 130]] Eligibility for a Grant 75.50 How to find out whether you are eligible. 75.51 How to prove nonprofit status. 75.52 Eligibility of faith-based organizations for a grant. Ineligibility of Certain Individuals To Receive Assistance 75.60 Individuals ineligible to receive assistance. 75.61 Certification of eligibility; effect of ineligibility. 75.62 Requirements applicable to entities making certain awards. Subpart B [Reserved] Subpart C_How To Apply for a Grant The Application Notice 75.100 Publication of an application notice; content of the notice. 75.101 Information in the application notice that helps an applicant apply. 75.102 Deadline date for applications. 75.103 Deadline date for preapplications. 75.104 Applicants must meet procedural rules. 75.105 Annual priorities. Application Contents 75.109 Changes to application; number of copies. 75.112 Include a proposed project period and a timeline. 75.117 Information needed for a multi-year project. 75.118 Requirements for a continuation award. 75.119 Information needed if private school students participate. Separate Applications--Alternative Programs 75.125 Submit a separate application to each program. 75.126 Application must list all programs to which it is submitted. Group Applications 75.127 Eligible parties may apply as a group. 75.128 Who acts as applicant; the group agreement. 75.129 Legal responsibilities of each member of the group. State Comment Procedures 75.155 Review procedure if State may comment on applications: Purpose of Sec. Sec. 75.156-75.158. 75.156 When an applicant under Sec. 75.155 must submit its application to the State; proof of submission. 75.157 The State reviews each application. 75.158 Deadlines for State comments. 75.159 Effect of State comments or failure to comment. Development of Curricula or Instructional Materials 75.190 Consultation. 75.191 Consultation costs. 75.192 Dissemination. Subpart D_How Grants Are Made Selection of New Projects 75.200 How applications for new grants and cooperative agreements are selected for funding; standards for use of cooperative agreements. 75.201 How the selection criteria will be used. 75.202-75.206 [Reserved] 75.209 Selection criteria based on statutory provisions. 75.210 General selection criteria. 75.211 Selection criteria for unsolicited applications. Selection Procedures 75.215 How the Department selects a new project: purpose of Sec. Sec. 75.216-75.222. 75.216 Applications not evaluated for funding. 75.217 How the Secretary selects applications for new grants. 75.218 Applications not evaluated or selected for funding. 75.219 Exceptions to the procedures under Sec. 75.217. 75.220 Procedures the Department uses under Sec. 75.219(a). 75.221 Procedures the Department uses under Sec. 75.219(b). 75.222 Procedures the Department uses under Sec. 75.219(c). 75.223 [Reserved] 75.224 What are the procedures for using a multiple tier review process to evaluate applications? 75.225 What procedures does the Secretary use if the Secretary decides to give special consideration to novice applications? Procedures To Make a Grant 75.230 How the Department makes a grant; purpose of Sec. Sec. 75.231- 75.236. 75.231 Additional information. 75.232 The cost analysis; basis for grant amount. 75.233 Setting the amount of the grant. 75.234 The conditions of the grant. 75.235 The notification of grant award. 75.236 Effect of the grant. Approval of Multi-Year Projects 75.250 Project period can be up to 60 months. [[Page 131]] 75.251 The budget period. 75.253 Continuation of a multi-year project after the first budget period. 75.254 [Reserved] Miscellaneous 75.260 Allotments and reallotments. 75.261 Extension of a project period. 75.262 Conversion of a grant or a cooperative agreement. 75.263 Pre-award costs; waiver of approval. 75.264 Transfers among budget categories. Subpart E_What Conditions Must Be Met by a Grantee? Nondiscrimination 75.500 Federal statutes and regulations on nondiscrimination. Project Staff 75.511 Waiver of requirement for a full-time project director. 75.515 Use of consultants. 75.516 Compensation of consultants--employees of institutions of higher education. 75.517 Changes in key staff members. 75.519 Dual compensation of staff. Conflict of Interest 75.524 Conflict of interest: Purpose of Sec. 75.525. 75.525 Conflict of interest: Participation in a project. Allowable Costs 75.530 General cost principles. 75.531 Limit on total cost of a project. 75.532 Use of funds for religion prohibited. 75.533 Acquisition of real property; construction. 75.534 Training grants--automatic increases for additional dependents. Indirect Cost Rates 75.560 General indirect cost rates; exceptions. 75.561 Approval of indirect cost rates. 75.562 Indirect cost rates for educational training projects. 75.563 Restricted indirect cost rate--programs covered. 75.564 Reimbursement of indirect costs. 75.580 Coordination with other activities. Evaluation 75.590 Evaluation by the recipient. 75.591 Federal evaluation--cooperation by a grantee. 75.592 Federal evaluation--satisfying requirement for grantee evaluation. Construction 75.600 Use of a grant for construction: Purpose of Sec. Sec. 75.601- 75.615. 75.601 Applicant's assessment of environmental impact. 75.602 Preservation of historic sites must be described in the application. 75.603 Grantee's title to site. 75.604 Availability of cost-sharing funds. 75.605 Beginning the construction. 75.606 Completing the construction. 75.607 General considerations in designing facilities and carrying out construction. 75.608 Areas in the facilities for cultural activities. 75.609 Comply with safety and health standards. 75.610 Access by the handicapped. 75.611 Avoidance of flood hazards. 75.612 Supervision and inspection by the grantee. 75.613 Relocation assistance by the grantee. 75.614 Grantee must have operational funds. 75.615 Operation and maintenance by the grantee. 75.616 Energy conservation. 75.617 Compliance with the Coastal Barrier Resources Act. Equipment and Supplies 75.618 Charges for use of equipment or supplies. Publications and Copyrights 75.620 General conditions on publication. 75.621 Copyright policy for grantees. 75.622 Definition of ``project materials.'' Inventions and Patents 75.626 Show Federal support; give papers to vest title. Other Requirements for Certain Projects 75.650 Participation of students enrolled in private schools. 75.681 Protection of human research subjects. 75.682 Treatment of animals. 75.683 Health or safety standards for facilities. Subpart F_What Are the Administrative Responsibilities of a Grantee? General Administrative Responsibilities 75.700 Compliance with statutes, regulations, and applications. 75.701 The grantee administers or supervises the project. 75.702 Fiscal control and fund accounting procedures. 75.703 Obligation of funds during the grant period. 75.707 When obligations are made. 75.708 Prohibition of subgrants. [[Page 132]] Reports 75.720 Financial and performance reports. 75.721 [Reserved] Records 75.730 Records related to grant funds. 75.731 Records related to compliance. 75.732 Records related to performance. 75.733 [Reserved] Privacy 75.740 Protection of and access to student records; student rights in research, experimental programs, and testing. Subpart G_What Procedures Does the Department Use To Get Compliance? 75.900 Waiver of regulations prohibited. 75.901 Suspension and termination. 75.902 [Reserved] 75.903 Effective date of termination. 75.910 Cooperation with audits. Authority: 20 U.S.C. 1221e-3 and 3474, unless otherwise noted. Source: 45 FR 22497, Apr. 3, 1980, unless otherwise noted. Redesignated at 45 FR 77368, Nov. 21, 1980. Regulations That Apply to Direct Grant Programs (a) The regulations in part 75 apply to each direct grant program of the Department of Education. (b) If a direct grant program does not have implementing regulations, the Secretary implements the program under the authorizing statute and, to the extent consistent with the authorizing statute, under the General Education Provisions Act and the regulations in this part. For the purposes of this part, the term ``direct grant program'' includes any grant program of the Department other than a program whose authorizing statute or implementing regulations provide a formula for allocating program funds among eligible States. With respect to Public Law 81-874 (the Impact Aid Program), the term ``direct grant program'' includes only the entitlement increase for children with disabilities under section 3(d)(2)(C) of Public Law 81-874 (20 U.S.C. 238(d)(2)(C) and disaster assistance under section 7 of that law (20 U.S.C. 241-1). Note: See part 76 for the general regulations that apply to programs that allocate funds among eligible States. For a description of the two kinds of direct grant programs see Sec. 75.200. Paragraph (b) of that section describes discretionary grant programs. Paragraph (c) of that section describes formula grant programs. Also see Sec. Sec. 75.201, 75.209, and 75.210 for the selection criteria for discretionary grant programs that do not have implementing regulations or whose implementing regulations do not include selection criteria. (Authority: 20 U.S.C. 1221e-3 and 3474) [45 FR 22497, Apr. 3, 1980, as amended at 45 FR 28669, Apr. 29, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 45 FR 84059, Dec. 22, 1980, 50 FR 29330, July 18, 1985; 52 FR 27803, July 24, 1987; 57 FR 30336, July 8, 1992; 60 FR 63873, Dec. 12, 1995]