[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: 34CFR607.10]

[Page 237-239]
 
                           TITLE 34--EDUCATION
 
 CHAPTER VI--OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION
 
PART 607_STRENGTHENING INSTITUTIONS PROGRAM--Table of Contents
 
                            Subpart A_General
 
Sec. 607.10  What activities may and may not be carried out under a grant?

    (a) Planning grants. Under a planning grant, a grantee shall 
formulate--
    (1) A comprehensive development plan described in Sec. 607.8; and
    (2) An application for a development grant.
    (b) Development grants--allowable activities. Under a development 
grant, except as provided in paragraph (c) of this section, a grantee 
shall carry out activities that implement its comprehensive development 
plan and hold promise for strengthening the institution. Activities that 
may be carried out include, but are not limited to--
    (1) Faculty exchanges, faculty fellowships, and faculty development 
that provide faculty with the skills and knowledge needed to--
    (i) Develop academic support services, including advising and 
mentoring students;
    (ii) Develop academic programs or methodology, including computer-
assisted instruction, that strengthen the academic quality of the 
institution; or
    (iii) Acquire terminal degrees that are required to obtain or retain 
accreditation of an academic program or department;
    (2) Funds and administrative management that will improve the 
institution's ability to--
    (i) Manage financial resources in an efficient and effective manner; 
and
    (ii) Collect, access, and use information about the institution's 
operations for improved decisionmaking;
    (3) Developing and improving academic programs that enable the 
institution to--
    (i) Develop new academic programs or new program options that show 
promise for increased student enrollment;
    (ii) Provide new technology or methodology to increase student 
success and retention or to retain accreditation; or
    (iii) Improve curriculum or methodology for existing academic 
programs to stabilize or increase student enrollment;
    (4) Acquiring equipment for use in strengthening management and 
academic programs to achieve objectives such as those described in 
paragraphs (b)(2) and (b)(3) of this section;
    (5) Establishing or increasing the joint use of facilities such as 
libraries and laboratories to--
    (i) Eliminate the distance and high cost associated with providing 
academic programs and academic support; or
    (ii) Provide clinical experience that is part of an approved 
academic program at off-campus locations;
    (6) Developing or improving student services to provide--
    (i) New or improved methods to deliver student services, including 
counseling, tutoring, and instruction in basic skills; or
    (ii) Improved strategies to train student services personnel;
    (7) Payment of any portion of the salary of a dean, with proper 
justification, to fill a position under the project such as project 
coordinator or activity director. For purposes of this paragraph, proper 
justification includes evidence that the position entitled ``Dean'' is 
not one that has college-wide administrative authority and 
responsibility;
    (8) Purchase, rental, or lease of scientific or laboratory equipment 
for educational purposes, including instructional and research purposes;
    (9) Construction, maintenance, renovation, and improvement in 
classrooms, libraries, laboratories, and other instructional facilities, 
including the integration of computer technology into institutional 
facilities to create smart buildings;
    (10) Establishing or improving a development office to strengthen or 
improve contributions from alumni and the private sector;
    (11) Establishing or improving an endowment fund, provided a grantee 
uses no more than 20 percent of its grant funds for this purpose and at 
least matches those grant funds with non-Federal funds;
    (12) Creating or improving facilities for Internet or other distance 
learning academic instruction capabilities, including purchase or rental 
of telecommunications technology equipment or services;
    (13) For grants authorized under section 316 of the HEA to tribal 
colleges or universities--

[[Page 238]]

    (i) Purchase, rental, or lease of scientific or laboratory equipment 
for educational purposes, including instructional and research purposes;
    (ii) Construction, maintenance, renovation, and improvement in 
classroom, library, laboratory, and other instructional facilities, 
including purchase or rental of telecommunications technology equipment 
or services;
    (iii) Support of faculty exchanges, faculty development, and faculty 
fellowships to assist in attaining advanced degrees in their field of 
instruction;
    (iv) Curriculum development and academic instruction;
    (v) Purchase of library books, periodicals, microfilm, and other 
educational materials, including telecommunications program materials;
    (vi) Funds and administrative management, and acquisition of 
equipment for use in strengthening funds management;
    (vii) Joint use of facilities such as laboratories and libraries; 
and
    (viii) Academic tutoring and counseling programs and student support 
services designed to improve academic services;
    (ix) Academic instruction in disciplines in which Indians are 
underrepresented;
    (x) Establishing or improving a development office to strengthen or 
improve contributions from the alumni and the private sector;
    (xi) Establishing or enhancing a program of teacher education 
designed to qualify students to teach in elementary schools or secondary 
schools, with a particular emphasis on teaching Indian children and 
youth, that shall include, as part of such program, preparation for 
teacher certification;
    (xii) Establishing community outreach programs that encourage Indian 
elementary school and secondary school students to develop the academic 
skills and the interest to pursue postsecondary education; and
    (xiii) Establishing or improving an endowment fund, provided a 
grantee uses no more than 20 percent of its grant funds for this purpose 
and at least matches those grant funds with non-Federal funds; or
    (14) For grants authorized under section 317 of the HEA to Alaska 
Native-serving institutions and Native Hawaiian-serving institutions--
    (i) Purchase, rental, or lease of scientific or laboratory equipment 
for educational purposes, including instructional and research purposes;
    (ii) Renovation and improvement in classroom, library, laboratory, 
and other instructional facilities;
    (iii) Support of faculty exchanges, faculty development, and faculty 
fellowships to assist in attaining advanced degrees in the faculty's 
field of instruction;
    (iv) Curriculum development and academic instruction;
    (v) Purchase of library books, periodicals, microfilm, and other 
educational materials;
    (vi) Funds and administrative management, and acquisition of 
equipment for use in strengthening funds management;
    (vii) Joint use of facilities such as laboratories and libraries;
    (viii) Academic tutoring and counseling programs and student support 
services.
    (c) Development grants--unallowable activities. A grantee may not 
carry out the following activities or pay the following costs under a 
development grant:
    (1) Activities that are not included in the grantee's approved 
application.
    (2) Activities that are inconsistent with any State plan for higher 
education that is applicable to the institution, including, but not 
limited to, a State plan for desegregation of higher education.
    (3) Activities or services that relate to sectarian instruction or 
religious worship.
    (4) Activities provided by a school or department of divinity. For 
the purpose of this provision, a ``school or department of divinity'' 
means an institution, or a department of an institution, whose program 
is specifically for the education of students to prepare them to become 
ministers of religion or to enter into some other religious vocation or 
to prepare them to teach theological subjects.

[[Page 239]]

    (5) Developing or improving non-degree or non-credit courses other 
than basic skills development courses.
    (6) Developing or improving community-based or community services 
programs, unless the program provides academic-related experiences or 
academic credit toward a degree for degree students, or unless it is an 
outreach program that encourages Indian elementary school and secondary 
school students to develop the academic skills and the interest to 
pursue postsecondary education.
    (7) Purchase of standard office equipment, such as furniture, file 
cabinets, bookcases, typewriters, or word processors.
    (8) Payment of any portion of the salary of a president, vice 
president, or equivalent officer who has college-wide administrative 
authority and responsibility at an institution to fill a position under 
the grant such as project coordinator or activity director.
    (9) Costs of organized fund-raising, including financial campaigns, 
endowment drives, solicitation of gifts and bequests, and similar 
expenses incurred solely to raise capital or obtain contributions.
    (10) Costs of student recruitment such as advertisements, 
literature, and college fairs.
    (11) Services to high school students, unless they are part of a 
program to encourage Indian students to develop the academic skills and 
the interest to pursue postsecondary education.
    (12) Instruction in the institution's standard courses as indicated 
in the institution's catalog.
    (13) Costs for health and fitness programs, transportation, and day 
care services.
    (14) Student activities such as entertainment, cultural, or social 
enrichment programs, publications, social clubs, or associations.
    (15) Activities that are operational in nature rather than 
developmental in nature.
    (d) Endowment funds. If a grantee uses part of its grant funds to 
establish or increase an endowment fund under paragraphs (b)(11) or 
(b)(13)(xiii) of this section, it must comply with the provisions of 
Sec. Sec. 628.3, 628.6, 628.10 and 628.41 through 628.47 of this 
chapter with regard to the use of those funds, except--
    (1) The definition of the term ``endowment fund income'' in Sec. 
628.6 of this chapter does not apply. For the purposes of this paragraph 
(d), ``endowment fund income'' means an amount equal to the total value 
of the fund, including fund appreciation and retained interest and 
dividends, minus the endowment fund corpus.
    (2) Instead of the requirement in Sec. 628.10(a) of this chapter, 
the grantee institution must match each dollar of Federal grant funds 
used to establish or increase an endowment fund with one dollar of non-
Federal funds; and
    (3) Instead of the requirements in Sec. 628.41(a)(3) through (a)(5) 
and the introductory text in Sec. 628.41(b) and Sec. 628.41(b)(2) and 
(b)(3) of this chapter, if a grantee institution decides to use any of 
its grant funds for endowment purposes, it must match those grant funds 
immediately with non-Federal funds when it places those funds into its 
endowment fund.

(Authority: 20 U.S.C. 1057 et seq.)

[52 FR 30529, Aug. 14, 1987, as amended at 59 FR 41923, Aug. 15, 1994; 
60 FR 15447, Mar. 23, 1995; 64 FR 70154, Dec. 15, 1999; 65 FR 79310, 
Dec. 19, 2000]