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grant during the fiscal year for which it submits the application, including needs of the population that will be met by the consolidation of funds; and

(4) Contains a budget that includes a description of the allocation of funds including any anticipated carryover funds of the program in the consolidated grant from the preceding yearamong the programs to be included in the consolidated grant.

(b) The Secretary may decide that one or more programs cannot be included in the consolidated grant if the Secretary determines that the Insular Area failed to meet the program objectives stated in its plan for the previous fiscal year in which it carried out the programs.

(c) Under a consolidated grant, an Insular Area may use a single advisory council for any or all of the programs that require an advisory council.

(d) Although Pub. L. 95–134 authorizies the Secretary to consolidate grant funds that the Department awards to an Insular Area, it does not confer eligibility for any grant funds. The eligibility of a particular Insular Area to receive grant funds under a Federal education program is determined under the statute and regulations for that program.

(Approved by the Office of Management and Budget under control number 1880-0513)

(Authority: 48 U.S.C. 1469a)

[47 FR 17421, Apr. 22, 1982, as amended at 53 FR 49143, Dec. 6, 1988]

(Authority: 48 U.S.C. 1469a)

[47 FR 17421, Apr. 22, 1982]

$76.131 How does an insular area

apply for a consolidated grant? (a) An Insular Area that desires to apply for a grant consolidating two or more programs listed in $76.125(c) shall submit to the Secretary an application that:

(1) Contains the assurances in $76.132; and

(2) Meets the application requirements in paragraph (c) of this section.

(b) The submission of an application that contains these requirements and assurances takes the place of a separate State plan or other similar document required by this part or by the authorizing statutes and regulations for programs included in the consolidated grant.

(c) An Insular Area shall include in its consolidated grant application a program plan that:

(1) Contains a list of the programs in $76.125(c) to be included in the consolidated grant;

(2) Describes the program or programs in $76.125(c) under which the consolidated grant funds will be used and administered;

(3) Describes the goals, objectives, activities, and the means of evaluating program outcomes for the programs for which the Insular Area will use the funds received under the consolidated

$76.132 What assurances must be in a

consolidated grant application? (a) An Insular Area shall include in its consolidated grant application assurances to the Secretary that it will:

(1) Follow policies and use administrative practices that will insure that non-Federal funds will not be supplanted by Federal funds made available under the authority of the programs in the consolidated grant;

(2) Comply with the requirements (except those relating to the submission of State plans or similar documents) in the authorizing statutes and implementing regulations for the programs under which funds are to be used and administered, (except requirements for matching funds);

(3) Provide for proper and efficient administration of funds in accordance with the authorizing statutes and implementing regulations for those programs under which funds are to be used and administered;

(4) Provide for fiscal control and fund accounting procedures to assure proper disbursement of, and accounting for, Federal funds received under the consolidated grant;

(5) Submit an annual report to the Secretary containing information covering the program(s) for which the grant is used and administered, including financial and program performance information required under 34 CFR part 74, subparts I and J;

(6) Provide that funds received under the consolidated grant will be under control of, and that title to property acquired with these funds will be in, a public agency, institution, or organization. The public agency shall administer these funds and property;

(7) Keep records, including a copy of the State Plan or application document under which funds are to be spent, which show how the funds received under the consolidated grant have been spent.

(8) Adopt and use methods of monitoring and providing technical assistance to any agencies, organizations, or institutions that carry out the programs under the consolidated grant and enforce any obligations imposed on them under the applicable statutes and regulations.

(9) Evaluate the effectiveness of these programs in meeting the purposes and objectives in the authorizing statutes under which program funds are used and administered;

(10) Conduct evaluations of these programs at intervals and in accordance with procedures the Secretary may prescribe; and

(11) Provide appropriate opportunities for participation by local agencies, representatives of the groups affected by the programs, and other interested institutions, organizations, and individuals in planning and operating the programs.

(b) These assurances remain in effect for the duration of the programs they cover.

$76.134 What is the relationship be

tween consolidated and non-con

solidated grants? (a) An Insular Area may request that any number of programs in $76.125(c) be included in its consolidated grant and may apply separately for assistance under any other programs listed in $76.125(c) for which it is eligible.

(b) Those programs that an Insular Area decides to exclude from consolidation for which it must submit separate plans or applications are implemented in accordance with the applicable program statutes and regulations. The excluded programs are not subject to the provisions for allocation of funds among programs in a

a consolidated grant.

(Authority: 48 U.S.C. 1469a)

[47 FR 17421, Apr. 22, 1982]

$76.135 Are there any requirements

for matching funds? The Secretary waives all requirements for matching funds for those programs that are consolidated by an Insular Area in a consolidated grant application.

(Authority: 48 U.S.C. 1469a)

[47 FR 17421, Apr. 22, 1982]

(Authority: 48 U.S.C. 1469a)

[47 FR 17421, Apr. 22, 1982]

$ 76.136 Under what programs may

consolidated grant funds be spent? Insular Areas may only use and administer funds under programs described in 876.125(c) during a fiscal year for which the Insular Area is entitled to receive funds under an appropriation for that program.

(Authority: 48 U.S.C. 1469a)

$76.133 What is the reallocation au

thority? (a) After an Insular Area receives a consolidated grant, it may reallocate the funds in a manner different from the allocation described in its consolidated grant application. However, the funds cannot be used for purposes that are not authorized under the programs in the consolidated grant under which funds are to be used and administered.

(b) If an Insular Area decides to reallocate the funds it receives under a consolidated grant, it shall notify the Secretary by amending its original application to include an update of the information required under $76.131.

[47 FR 17421, Apr. 22, 1982, as amended at 57 FR 30341, July 8, 1992]

$ 76.137 How may carryover funds be

used under the consolidated grant

application? Any funds under any applicable program which are available for obligation and expenditure in the year succeeding the fiscal year for which they are appropriated must be obligated and expended in accordance with the consolidated grant application submitted by

(Authority: 48 U.S.C. 1469a)

(47 FR 17421, Apr. 22, 1982]

the Insular Area for that program for the succeeding fiscal year.

eral statutes and regulations that apply to the plan.

(Authority: 20 U.S.C. 1225(b); 48 U.S.C. 1469a)

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

AMENDMENTS

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$76.140 Amendments to a State plan.

(a) If the Secretary determines that an amendment to a State plan is essential during the effective period of the plan, the State shall make the amendment.

(b) A State shall also amend a State plan if there is a significant and relevant change in:

(1) The information or the assurances in the plan;

(2) The administration or operation of the plan; or

(3) The organization, policies, or operations of the State agency that received the grant, if the change materially affects the information or assurances in the plan.

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(Authority: 20 U.S.C. 1221e-3, 1231g(a), and 3474)

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

ALLOTMENTS AND REALLOTMENTS OF

GRANT FUNDS

$ 76.141 An amendment requires the

same procedures as the document

being amended. If a State amends a State plan under $ 76.140, the State shall use the same procedures as those it must use to prepare and submit a State plan.

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

$ 76.142 An amendment is approved on

the same basis as the document being amended. The Secretary uses the same procedures to approve an amendment to a State plan-or any other document a State submits-as the Secretary uses to approve the original document.

$ 76.260 Allotments are made under

program statute or regulations. (a) The Secretary allots program funds to a State in accordance with the authorizing statute or implementing regulations for the program.

(b) Any reallotment to other States will be made by the Secretary in accordance with the authorizing statute or implementing regulations for that program.

(Authority: 20 U.S.C. 3474(a))

[50 FR 29330, July 18, 1985)

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(Approved by the Office of Management and Budget under control number 1880-0513)

(Authority: 20 U.S.C. 1221e-3, 1232d, and 3474)

(52 FR 27804, July 24, 1987, as amended at 53 FR 49143, Dec. 6, 1988; 60 FR 46493, Sept. 6, 1995]

$ 76.302 The notice to the subgrantee.

A State shall notify a subgrantee in writing of:

(a) The amount of the subgrant;

(b) The period during which the subgrantee may obligate the funds; and

(c) The Federal requirements that apply to the subgrant.

(Approved by the Office of Management and Budget under control number 1880-0513)

$76.400 State procedures for review

ing an application. A State that receives an application for a subgrant shall take the following steps:

(a) Review. The State shall review the application.

(b) Approval-entitlement programs. The State shall approve an application if:

(1) The application is submitted by an applicant that is entitled to receive a subgrant under the program; and

(2) The applicant meets the requirements of the Federal statutes and regulations that apply to the program.

(c) Approval-discretionary programs. The State may approve an application if:

(1) The application is submitted by an eligible applicant under a program in which the State has the discretion to select subgrantees;

(2) The applicant meets the requirements of the Federal statutes and regulations that apply to the program; and

(3) The State determines that the project should be funded under the authorizing statute and implementing regulations for the program.

(d) Disapproval-entitlement and discretionary programs. If an application does not meet the requirements of the Federal statutes and regulations that

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

(45 FR 22517, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 53 FR 49143, Dec. 6, 1988]

$76.303 Joint applications and

projects. (a) Two or more eligible parties may submit a joint application for a subgrant.

(b) If the State must use a formula to distribute subgrant funds (see $76.51), the State may not make a subgrant that exceeds the sum of the entitlements of the separate subgrantees.

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200

203

208

298

Chapter 1, Program in Local Educational Agencies

Title I, Chapter 1, Elementary and Second

ary Education Act of 1965, as amended
(20 U.S.C.

2701-2731, 2821-2838,

2851-2854, and 2891-2901). Chapter 1, Program for Neglected and Delinquent Children

Title 1, Chapter 1, Elementary and Second

ary Education Act of 1965, as amended

(20 U.S.C. 2801-2804). State Grants for Strengthening Instruction in Mathematics and Title ll, Part A, Elementary and Secondary Science.

Education Act of 1965, as amended (20

U.S.C. 2981-2993). Federal, State, and Local Partnership for Educational Improve-Title I, Chapter 2, Elementary and Secondment.

ary Education Act of 1965, as amended

(20 U.S.C. 2911-2952 and 2971–2976). Assistance to States for Education of Handicapped Children

Part B, Individuals with Disabilities Edu

cation Act (except Section 619) (20

U.S.C. 1411-1420). Preschool Grants

Section 619, individuals with Disabilities

Education Act (20 U.S.C. 1419). Chapter 1, State-Operated or Supported Programs for Handi- Title 1, Chapter 1, Elementary and Secondcapped Children.

ary Education Act of 1965, as amended

(20 U.S.C. 2791–2795). Transition Program for Refugee Children ........

Section 412(d), Immigration and Naturaliza

tion Act (8 U.S.C. 1522(d)). Emergency Immigrant Education Program

Emergency immigrant Education Act (20

U.S.C. 3121-3130). Financial Assistance for Construction, Reconstruction, or Renova- Section 711, Higher Education Act of 1965 tion of Higher Education Facilities.

(20 U.S.C. 1132b).

300

301

302

538

581

617

(b) Other programs-hearings not required. Under other programs covered by this part, a State agency—other than a State educational agency-is not required to provide an opportunity for a hearing regarding the agency's disapproval of an application.

(c) If an applicant for a subgrant alleges that any of the following actions of a State educational agency violates a State or Federal statute or regulation, the State educational agency and the applicant shall use the procedures in paragraph (d) of this section:

(1) Disapproval of or failure to approve the application or project in whole or in part.

(2) Failure to provide funds in amounts in accordance with the requirements of statutes and regulations.

(d) State educational agency hearing procedures. (1) If the applicant applied under a program listed in paragraph (a)

of this section, the State educational agency shall provide an opportunity for a hearing before the agency disapproves the application.

(2) If the applicant applied under a program not listed in paragraph (a) of this section, the State educational agency shall provide an opportunity for a hearing either before or after the agency disapproves the application.

(3) The applicant shall request the hearing within 30 days of the action of the State educational agency.

(4)(i) Within 30 days after it receives a request, the State educational agency shall hold a hearing on the record and shall review its action.

(ii) No later than 10 days after the hearing the agency shall issue its written ruling, including findings of fact and reasons for the ruling.

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