[Code of Federal Regulations] [Title 34, Volume 3] [Revised as of July 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR401.22] [Page 21] TITLE 34--EDUCATION CHAPTER IV--OFFICE OF VOCATIONAL AND ADULT EDUCATION, DEPARTMENT OF EDUCATION PART 401_INDIAN VOCATIONAL EDUCATION PROGRAM--Table of Contents Subpart C_How Does the Secretary Make an Award? Sec. 401.22 What additional factors may the Secretary consider? The Secretary may decide not to award a grant or cooperative agreement if-- (a) The proposed project duplicates an effort already being made; or (b) Funding the project would create an inequitable distribution of funds under this part among Indian tribes. (Authority: 20 U.S.C. 2313(b))