[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: 34CFR75.105]



[Page 136-137]

 

                           TITLE 34--EDUCATION

 

PART 75_DIRECT GRANT PROGRAMS--Table of Contents

 

                   Subpart C_How To Apply for a Grant

 

Sec.  75.105  Annual priorities.



    (a) What programs are covered by this section? This section applies 

to any program for which the Secretary establishes priorities for 

selection of applications in a particular fiscal year.

    (b) How does the Secretary establish annual priorities? (1) The 

Secretary establishes final annual priorities by publishing the 

priorities in a notice in the Federal Register, usually in the 

application notice for that program.

    (2) The Secretary publishes proposed annual priorities for public 

comment, unless:



[[Page 137]]



    (i) The final annual priorities will be implemented only by inviting 

applications that meet the priorities (Cross-reference: See 34 CFR 

75.105(c)(1));

    (ii) The final annual priorities are chosen from a list of 

priorities already established in the program's regulations;

    (iii) Publishing proposed annual priorities would seriously 

interfere with an orderly, responsible grant award process or would 

otherwise be impracticable, unnecessary, or contrary to the public 

interest;

    (iv) The program statute requires or authorizes the Secretary to 

establish specified priorities; or

    (v) The annual priorities are chosen from allowable activities 

specified in the program statute.

    (c) How does the Secretary implement an annual priority? The 

Secretary may choose one or more of the following methods to implement 

an annual priority:

    (1) Invitations. The Secretary may simply invite applications that 

meet a priority. If the Secetary chooses this method, an application 

that meets the priority receives no competitive or absolute preference 

over applications that do not meet the priority.

    (2) Competitive preference. The Secretary may give one of the 

following kinds of competitive preference to applications that meet a 

priority.

    (i) The Secretary may award some or all bonus points to an 

application depending on the extent to which the application meets the 

priority. These points are in addition to any points the applicant earns 

under the selection criteria (see Sec.  75.200(b)). The notice states 

the maximum number of additional points that the Secretary may award to 

an application depending upon how well the application meets the 

priority.

    (ii) The Secretary may select an application that meets a priority 

over an application of comparable merit that does not meet the priority.

    (3) Absolute preference. The Secretary may give an absolute 

preference to applications that meet a priority. The Secretary 

establishes a separate competition for applications that meet the 

priority and reserves all or part of a program's funds solely for that 

competition. The Secretary may adjust the amount reserved for the 

priority after determining the number of high quality applications 

received.



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



[46 FR 3205, Jan. 14, 1981, as amended at 57 FR 30337, July 8, 1992; 60 

FR 63873, Dec. 12, 1995]



                          Application Contents



    Cross reference: See Sec.  75.200 for a description of discretionary 

and formula grant programs.