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following shall be excluded from the specified in sections 401(f) and 401(g) eligible development cost:

of the Act. (1) Any cost for movable equipment (a) An institution which is not acincurred before the date of receipt by credited by a nationally recognized either the Office of Education or a State accrediting agency or association listed commission of an application covering pursuant to section 401(f) of the Act the project; and

may qualify, alternatively, by obtaining (2) Any cost incurred under a con a certification from the Commissioner struction contract or a contract for the (dated no earlier than two years prior to purchase and installation of built-in the date of filing of the application for a equipment which did not, when let, meet grant) that the institution meets rethe requirements set forth in sections quirements set forth in subsection 401 170.2 and 170.3.

(f) (5) of the Act. (c) For a project for which an appli

(b) An institution or a branch campus cation is filed for the first time (under of an institution shall be determined to any title of the Act) on or after July be organized and administered princi1, 1966, the following shall be excluded pally to provide a 2-year program es from the eligible development cost: specified in section 401(g) of the Act, if:

(1) Any cost for movable equipment (1) More than 50 percent of the fullincurred before the date of receipt by time equivalent student enrollment at either the Office of Education or a State the institution or branch campus is in commission of an application covering 2-year programs of the types specified the project; and

in section 401 (g) of the Act; and (2) Any cost incurred under à con (2) The application for a grant purstruction contract or a contract for the suant to section 103 of the Act contains purchase and installation of built-in a statement that the institution OT equipment which was entered into be branch campus is organized and adminfore the date of concurrence by the Com istered principally to provide such promissioner in the award of such contract. grams, and such statement is supported While such concurrence normally will be by information available to or obtained given only after a grant or loan for a by the State commission. project has been approved, circumstances

8 170.12 Institutional eligibility

for occasionally may warrant the beginning

grants under section 104 of the Act. of construction in advance of grant or loan approval in order to meet sched To qualify for a grant from funds aluled needs for expansion of enrollment

lotted pursuant to section 104 of the Act, capacity. In any such case, where an

an institution shall meet requirements application for a project has been filed

specified in section 401(f) of the Act. and the applicant can justify the neces

An institution which is not accredited sity of beginning construction in advance

by a nationally recognized accrediting of the award of the grant or approval

agency or association listed pursuant to of the loan, the Commissioner may, after

section 401(f) of the Act may qualify, an appropriate review of the bidding

alternatively, by obtaining a certification documents, authorize bidding and concur

from the Commissioner (dated no earlier in the award of the contract. However,

than 2 years prior to the date of filing of such concurrence shall in no way pro

the application for a grant) that the invide any advantage for the project in

stitution meets requirements set forth in priority determinations by a State com

subsection 401(f) (5) of the Act. mission under Title I and shall in no $ 170.13 Conditions for grant approval. way commit the Commissioner subsequently to approve à grant or loan un

(a) An application for a grant under der any Title for any such application.

Title I of the Act shall be approved only

if: (1) The Commissioner is satisfied, on Subpart B-Grants for Construction the basis of information submitted with of Academic Facilities

the application, that (i) the facilities

included in the Title I project are in$ 170.11 Institutional eligibility for

tended for use predominantly in undergrants under section 103 of the Act.

graduate instruction and/or extension To qualify for a grant from funds al and continuing education programs; and lotted pursuant to section 103 of the Act, that (ii) the requirements of section 106 an institution or a branch campus of an of the Act will be met; and (2) the apinstitution shall meet the requirements plication meets all requirements of

section 108(b) of the Act; and (3) the such a provision in the State plan, the application contains or is supported by: total of each allotment shall be available (i) Satisfactory assurances that the ap as of the first applicable closing date in plicant has the necessary legal authority each Federal fiscal year. to finance, construct, and maintain the (b) Submission of project applicaproposed facilities, and to apply for and tions. Applications for grants under receive the proposed grant; and (i) sat Title I of the Act shall be submitted on isfactory evidence that the applicant has forms supplied by the Commissioner, and or will have a fee simple or such other shall contain such assurances as are reestate or interest in the facilities and quired pursuant to the Act and the regusite, including access thereto, sufficient lations in this part. Applications shall in the opinion of the Commissioner to be submitted directly to the appropriate assure undisturbed use and possession State commission, together with any supfor the purpose of the construction and

plemental information which may be reoperation of the facilities for not less quired by the state commission. The than 75 years from the date of the State commission shall accept all appliapplication.

cations for grants under Title I for in(b) In determining whether a project, stitutions of higher education in the either alone or together with other con State, provided such applications are struction to be undertaken within a rea submitted on forms provided by the sonable time, will result in an urgently Commissioner, and shall officially record needed substantial expansion or creation the date of receipt of each application of student enrollment capacity or capac by the State commission. ity to carry out on-campus extension and

(c) Verification of application data continuing education programs, consid and institutional and project eligibility. eration will be given to statewide and Before determining the relative priority institutional planning data, projected or Federal share for any application for undergraduate enrollment increases and grant assistance under Title I of the Act, increases in on-campus extension and the State commission shall satisfy itself continuing education programs, any that the data contained in the applicaserious deficiencies in the quality of ex tion appear to be valid, and that the inisting undergraduate instruction pro stitution and the project appear to meet grams because of inadequacies in exist basic eligibility requirements set forth in ing academic facilities, and the contribu the Act and the regulations governing tion of the project in providing for new the administration of the Act. In any or increased enrollments or remedying case where in the opinion of the State existing deficiencies.

commission a question may be raised as $ 170.14 Submission and processing of

to the eligibility of an institution or of a Title I applications.

project, the State commission shall

promptly forward a copy of the applica(a) Closing dates for filing of applica

tion to the Office of Education for a tions. Closing dates by which applications may be filed with and accepted by

clarification of such eligibility. In any the State commission shall be established

such case, the State commission shall in the State plan. For each category of

continue to process and rank such apapplications (1.e., applications for public plication as if it were eligible, but shall community colleges and public technical delay final action on all applications uninstitutes; and applications for institu der the same category considered as of tions of higher education other than

the same closing date until receipt of public community colleges and public notification by the Office of Education of technical institutes) the State plan shall the disposition of the eligibility question. provide at least two closing dates for any (d) Determination of relative prioriFederal fiscal year, and all such closing

ties and Federal shares. All eligible apdates shall be between July 31 and February 15. Each State plan may pro

plications received by each specified vide for apportionment of the State

closing date shall be considered by the allotments under section 103 and section

State commission together with others 104 of the Act, so that specified portions of the same category (1.e., applications of either or both allotments become for public community colleges and public available for grants as of specified clos technical institutes for funds allotted ing dates, but such apportionment shall under section 103 of the Act; and applicanot be required, and in the absence of tions for all other institutions of higher

education for funds allotted under sec (1) Recommendation by State Consistion 104 of the Act) and assigned rela sions. Promptly upon completing its tive priorities and recommended Fed. consideration of applications as of each eral shares in accordance with the provi closing date, and no later than March 31 stors of the State plan.

of each Federal fiscal year, each State te) Procedures where funds are in commission will forward to the Commissufficient to provide full Federal shares sioner: (1) A current project report, on for all eligible projects. (1) In any case forms supplied by the Commissioner, for where the funds available in a State the pertinent category of applications, allotment for projects considered as of listing each application received or cara particular closing date are insufficient ried over from the previous closing date, to cover all eligible applications, the each application returned to the appliState commission shall nevertheless de cant and the reason for return of such termine the full Federal share, calculated application, each application considered according to the State plan, for all proj as of the closing date, and the priority ects in their order of relative priority, and Federal share determined according until the remaining available funds are

to the State plan for each project conInsufficient to provide the full Federal sidered; (2) the application form and share as calculated for the next project exhibits in the number of copies requested in order of priority.

by the Commissioner, for each project (2) If the State plan provides for ap- assigned a priority high enough to qualify portionment of the State allotment

for a Federal grant within the amount of among closing dates, the State plan may

funds available in the allotment for the provide also that sufficient funds will be State; and (3) copies of correspondence made available immediately, from such documenting the offering and either funds as were apportioned to later closing acceptance or rejection of partial Feddates in the same fiscal year, so that the eral shares pursuant to paragraph (e) full Federal share as initially calculated of this section. will be available for the first project for

(g) Notification to applicants. The which only a part of the Federal share

State commission shall promptly notify would otherwise have been available. In each applicant of the results of all deany case where the State allotment is terminations regarding its application as apportioned among closing dates and no of each closing date, and any applicant such provision is included in the State shall, upon request in accordance with plan, all projects for which the full Fed. such orderly procedures as are estaberal share, as calculated, cannot be pro

lished by the State commission, be furvided for by the available funds shall be nished access to the records of official carried over to any subsequent closing

State commission proceedings on the dates in the same fiscal year.

basis of which relative priorities and (3) If the State allotment is not appor

Federal shares of all applications were tioned among closing dates, or in the

determined. case of the last closing date in the fiscal

(h) Disposition of applications which year, the amount of the remaining funds

are not recommended for grants. Appli. shall be offered as & partial Federal

cations which are not recommended for share for the first project in order of rela

a grant within the fiscal year in which tive priority for which less than the full

they are filed, shall be retained by the Federal share as calculated is available.

State commission until notified that The offer and acceptance of such a lesser

there are no longer any funds available Federal share shall in no way be deemed

in the State allotments for the fiscal year. to diminish the scope of the project. An

New applications shall be filed each fiscal applicant which agrees to accept such a

year for any project which does not repartial Federal share shall in all cases

ceive a recommendation for a grant and have the option to submit a supplemental

which the applicant desires to have reapplication as provided in paragraph (1)

considered in a subsequent year. In adof this section. If the applicant offered

dition, whenever any application is car

ried over from one closing date to the such a partial Federal share declines to

next within a fiscal year, and the fall accept it, the remaining funds and the

term opened between such closing dates, application for which the partial Federal

those portions of the application conshare was declined shall be carried over

taining data as of the most recent opento the next closing date, if any, in the ing fall term shall be revised to show the same fiscal year,

most recent data on enrollments and

available instructional and library fa applicable State plan, be recommended cilities. Any applications which are still for the balance of the Federal share for on file with State commissions after the which the project would have qualified completion of approvals for fiscal year - pursuant to Federal share criteria in 1966 shall be refiled on new application effect for the closing date for which the forms to be supplied by the Commis project originally was recommended, or sione if the applicant desires to have for the balance of the Federal share such applications considered by the State calculated according to State plan procommission during fiscal year 1967. visions in effect as of the current closing

(i) Grant award. For a Title I project date, whichever is the lesser. In no application which meets all eligibility re event shall a supplemental application quirements the Commissioner will ap be considered by a State commission or prove the application and reserve Federal approved by the Commissioner after final funds from the appropriate State allot settlement has been made on the comment and will prepare and send to the pleted project. applicant a grant award, which sets forth

$ 170.15 Criteria for standards and the pertinent terms and conditions of the

methods to determine relative priorigrant.

ties of eligible projects. (j) Amendment of project applications. Any time prior to a closing date

(a) The State plan shall set forth for which an application is to be con

separately the standards and methods for sidered, the applicant may make changes

determining the relative priorities of in the application by written notification

eligible projects for the construction of to the State commission. After any such

academic facilities (1) for public comclosing date, no changes in applications munity colleges and public technical shall be permitted, except corrections or

institutes and (2) for institutions of submission of additional data as re

higher education other than public comquested by the State commission.

munity colleges and public technical in(k) Project changes. After a project

stitutes. The standards and methods set has been forwarded to the Commissioner

forth for each of the two categories of by the State commission, no substantial

eligible projects shall provide separately changes in the nature or scope of the

for new institutions or new branch camproject shall be approved by the Com

puses and for established institutions or missioner without first verifying that

campuses. Unless otherwise defined in such changes would not have affected the the State plan, a new institution or State commission's original recommen

branch campus (as distinguished from dation of the project for a grant.

an established institution or branch (1) Supplemental applications. Any

campus) shall be one which was not in time after an application has been for

operation and admitting students as of warded to the Commissioner by the State

the fourth fall term preceding the date commission with a recommendation for

of application for assistance under

Title I. a Federal grant, an applicant desiring

(b) The standards for determining to apply: (1) For an increase in the amount of the Federal share on the basis

relative priorities for established instituof an increase in development cost;

tions or branch campuses shall include and/or (2) for the balance of the original

each of the following, each of which eligible grant amount when a partial

shall be assigned at least the indicated Federal share was recommended pur

percentage of the total weight assigned

to all standards for established institusuant to paragraph (e) of this section, shall submit a supplemental application

tions or branch campuses: on forms supplied by the Commissioner

(1) One or more standards dealing together with any additional informa

with the planned for and reasonably ex

pected numerical and/or percentage intion which may be required by the State commission. Supplemental applications

crease in full-time equivalent undergradshall be considered for the assignment

uate student enrollment at the campus of relative priority together with all other

at which the facilities are to be conapplications eligible for consideration as

structed, between the opening of the fall of the next applicable closing date.

term which opened preceding the closing Supplemental applications which are as

date for which the application is being signed sufficiently high priorities to be considered and the opening of either recommended for additional grant funds the third, fourth, or fifth term thereafter shall, unless otherwise provided in the (at least 20 percent of total weight, with

priority advantage given to higher numerical and/or percentage increases).

(2) One or more standards dealing with the amount and/or percentage by which the construction of the project for which a Title I grant is requested will increase the square feet of assignable area in instructional and library facilities at the campus at which the facilities are to be constructed (at least 10 percent of total weight, with priority advantage given to higher numerical and/or percentage increases).

(3) One or more standards designed to favor projects for institutions or branch campuses which are most effectively utilizing their existing academic facilities (at least 10 percent of total weight).

(c) The standards for determining relative priorities for new institutions or branch campuses shall include each of the following, each of which shall be assigned at least the indicated percentage of the total weight assigned to all standards for new institutions or branch campuses:

(1) A standard dealing with the planned for and reasonably expected numerical increase in full-time equivalent undergraduate student enrollment at the campus at which the facilities are to be constructed, between the opening of the fall term which opened preceding the closing date for which the application is being considered and the opening of either the third, fourth, or fifth fall term thereafter (at least 30 percent of total weight, with priority advantage given to higher numerical increases).

(2) A standard dealing with the amount by which the construction of the project for which a Title I grant is requested will increase the square feet of assignable area in instructional and library facilities at the campus at which the facilities are to be constructed (at least 10 percent of total weight, with priority advantage given to higher numerical increases).

(d) The State plan may include additional standards for determining relative priorities which are not inconsistent with the standards set forth in paragraphs (b) and (c) of this section and which will carry out the purposes of the Act.

(e) The methods for application of the standards for determining relative priorities shall provide for the assignment of point scores for each standard applied,

such that the potential total score for each project will be the same whether the project is for a new Institution or branch campus or for an established institution or branch campus. The assignment of points for each standard may be by any one of the following methods or by similar objective methods, a different one of which may be used in connection with each standard:

(1) Applications may be ranked according to relative performance for the standard, and assigned a point score for relative rank (e.g., 10 points for placement in the highest 10 percent, 9 points for placement in the second highest 10 percent, 8 points for placement in the third highest 10 percent, etc.).

(2) Applications may be compared to a scoring table for the standard, and assigned points accordingly (e.g., for numerical increase in full-time equivalent undergraduate enrollment, a scoring table might provide for 10 points for an increase of 1,000 or more, 8 points for an increase of 800-999, 6 points for an increase of 600–799, etc.).

(3) Applications may be compared to a fixed requirement for the standard, and assigned points if they meet the requirement or denied points if they do not. This type of scoring should be used where comparison against the standard involves a "yes"_"no" decision (e.g., Is the proposed project located in a geographic area of the State in which an unfilled need for creation or expansion of undergraduate enrollment capacity has been documented in a statewide study? If "yes," award 5 points, if no," award 0 points).

(f) The methods for application of the standards shall provide for determination of relative priorities on the basis of the total of the points earned by each application for each applicable standard and shall specify factors to be applied in determining which application shall receive the higher priority in the case of identical scores.

(g) The standards and methods for determining relative priorities must be developed on the basis of information which is to be submitted on the application form prescribed by the Commissioner, or required by the State commission to be submitted on supplemental State forms to accompany the application, or contained in published reports or publications readily available to the

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