[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: 34CFR79.3]



[Page 196-197]

 

                           TITLE 34--EDUCATION

 

PART 79_INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF EDUCATION PROGRAMS 

AND ACTIVITIES--Table of Contents

 

Sec.  79.3  What programs and activities of the Department are subject 

to these regulations?



    (a) The Secretary publishes in the Federal Register a list of the 

Department's programs and activities that are subject to these 

regulations and identifies which of these are subject to the 

requirements of section 204 of the Demonstration Cities and Metropolitan 

Development Act.

    (b) If a program or activity of the Department that provides Federal 

financial assistance does not have implementing regulations, the 

regulations in



[[Page 197]]



this part apply to that program or activity.

    (c) The following programs and activities are excluded from coverage 

under this part:

    (1) Proposed legislation.

    (2) Regulation and budget formulation.

    (3) National security matters.

    (4) Procurement.

    (5) Direct payments to individuals.

    (6) Financial transfers for which the Department has no funding 

discretion or direct authority to approve specific sites or projects 

(e.g., block grants under Chapter 2 of the Education Consolidation and 

Improvement Act of 1981).

    (7) Research and development national in scope.

    (8) Assistance to federally recognized Indian tribes.

    (d) In addition to the programs and activities excluded in paragraph 

(c) of this section, the Secretary may only exclude a Federal financial 

assistance program or activity from coverage under this part if the 

program or activity does not directly affect State or local governments.



(Authority: E.O. 12372)



[48 FR 29166, June 24, 1983, as amended at 51 FR 20824, June 9, 1986]