§ 1387.3 Eligible applicants.

The applicant must be a public or nonprofit university affiliated facility or a satellite which has been found eligible to operate such a center.

§ 1387.4 Priority.

In approving applications, the Secretary shall give priority consideration to those programs which demonstrate an ability and commitment to provide within a community, rather than in an institution, services for persons with developmental disabilities.

CONSTRUCTION PROGRAM

§ 1387.10 Purpose.

The Secretary may make grants to university affiliated facilities to assist (a) in meeting the costs of the renovation or modernization of buildings which are being used in connection with an activity assisted by a demonstration and training grant; and (b) for the construction, renovation, or modernization of buildings to be used as satellite centers.

§ 1387.11 Application form.

An application shall be submitted in such form and manner and contain such information as the Secretary may require in addition to assurances required in § 1387.12.

§ 1387.12 Application assurances.

An application for a construction grant under this subpart may be approved by the Secretary only if it is supported by such reasonable assurances as may be required by law or executive order:

(a) The application for assistance is consistent with the appropriate State developmental disabilities plan;

(b) The application has been reviewed and commented upon by the appropriate State council;

(c) The facilities upon completion of construction will meet standards set forth in § 1386.17;

(d) The plans and specifications for the project to be assisted by the grant applied for are in accordance with § 1386.17(b);

(e) Title to the site for such project is or will be vested in the applicant or,

in the case of a satellite center, in a public or other nonprofit entity which is to operate the center;

(f) Adequate financial support will be available in conformance with requirements of § 1386.1(b)(5)(viii) of these regulations;

(g) All laborers and mechanics will be paid in accordance with requirements set forth in § 1386.1(b)(5)(ix);

(h) No amendment to an approved application resulting in a substantial change in scope of work, function, or safety of the facility shall be put into effect without prior approval of the Secretary.

§ 1387.13 Approval of applications. this Applications under subpart shall be reviewed by the Secretary who shall approve or disapprove the proposed project in whole or in part on the basis of established criteria.

§ 1387.14 Priority.

In approving applications under this subpart, the Secretary shall give priority consideration to university affiliated facilities funded under this Subpart for costs of renovating or modernizing existing buildings to enable them to comply with the Architectural Barriers Act of 1968.

Subpart B-Special Project Grants

§ 1387.20 Eligible projects.

Special project grants may be made to assist in meeting the costs of conducting an activity or program, hereinafter referred to as "project," that is intended and designed to benefit persons with developmental disabilities. No project (other than projects of national significance) shall be eligible unless the State or States in which it will be conducted has a State plan approved under Part 1386, Subpart A of this chapter, and unless it addresses one or more of the following:

(a) Demonstrations (and research and evaluation in connection therewith) for establishing programs which hold promise of expanding or otherwise improving services to persons with developmental disabilities (especially those who are disadvantaged or multihandicapped), including pro

§ 1387.21

grams for parent counseling and training, early screening and intervention, infant and preschool children, seizure control systems, legal advocacy, and community-based counseling, care, housing, and other services or systems necessary to maintain a person with developmental disabilities in the community;

(b) Public awareness and public education programs to assist in the elimination of social, attitudinal, and environmental barriers confronted by persons with developmental disabilities;

(c) Coordinating and using all availability community resources in meeting the needs of persons with developmental disabilities (especially those from disadvantaged backgrounds);

(d) Demonstrations of the provision of services to persons with developmental disabilities who are also disadvantaged because of their economic status;

(e) Technical assistance relating to services and facilities for persons with developmental disabilities, including assistance in State and local planning or administration respecting such services and facilities;

(f) Training of specialized personnel needed for the provision of services for persons with developmental disabilities or for research directly related to such training;

(g) Developing or demonstrating new or improved techniques for the provision of services to persons with developmental disabilities (including model integrated service projects);

(h) Gathering and disseminating information relating to developmental disabilities; and

(i) Improving the quality of services provided in and the administration of programs for such persons.

The Secretary may establish criteria for projects designed to achieve the purposes of the Act to the fullest

In determining the amount of any grant for the costs of any project under this subpart, there shall be excluded, except as otherwise provided by statute enacted subsequent to December 18, 1975, from such costs an amount equal to the sum of (a) the amount of any other Federal grant which the applicant has obtained, or is assured of obtaining, with respect to such project under any provision of law enacted prior to October 4, 1975, and (b) the amount of any non-Federal funds required to be expended as a condition of such other Federal grant.

§ 1387.22 Eligible applicants.

Applications may be made by public and other nonprofit agencies, organizations, and institutions of higher education including community and junior colleges.

§ 1387.23 Application content and procedures.

(a) Applications for grants under this subpart shall be submitted in the form and detail, and in accordance with procedures and deadline dates, as prescribed by the Secretary in guidelines.

(b) The applicant shall provide, concurrently, a copy of an application for a grant under this Subpart to the appropriate State planning council for review and comment at the time the application is submitted to the Secretary. Comment with regard to a particular application must be submitted to the Secretary by the State planning council within 30 days from the date of submission by the applicant in order to assure consideration of such comments.

§ 1400.1 Definitions.

As used in this subchapter:

"Act" means the General Education Provisions Act, as amended.

"Applicant" means an eligible party seeking Federal financial assistance under this chapter.

"Application" includes requests from eligible parties for grant assistance from the Federal Government.

"Award" means a properly executed grant to an eligible party under this chapter.

"Budget period" means the interval of time into which an approved activity is divided for budgetary purposes.

"Council" means the National Council on Educational Research.

"Department" means the U.S. Department of Health, Education, and Welfare.

"Director" means the Director of the National Institute of Education or a designee of the Director.

nated in accordance with the calendar year in which the ending date of the fiscal year occurs.)

"Grant period" means the period during which costs may be charged against a grant.

"Grantee" means the individual, agency, organization, or institution which has received an award of grant assistance from the Institute.

"Institute" means the National Institute of Education.

"Local government" means a local unit of government including specifically a county, municipality, city, township, school district, local public authority, special district, intrastate district, council of governments, sponsor, group representative organization, and other regional or interstate government entity, or any agency or instrumentality of a local government exclusive of institutions of higher education and hospitals.

"Minor remodeling" means minor alterations in a previously completed building which are needed to make effective use of equipment or personnel. The term may also include the extension of utility lines, such as water and electricity, from points beyond the confines of the spaces in which the minor remodeling is undertaken but within the confines of such previously completed building. The term does not include building construction, structural alterations to buildings, building maintenance, or repair.

"Nonexpendable personal property" means tangible personal property, including equipment, having a useful life of more than 1 year and an acquisition cost of $300 or more per unit. A grantee may use its own definition of nonexpendable personal property provided that such definition would at least include all tangible personal property as defined herein.

"Personal property" means property of any kind except real property. It may be tangible-having physical existence, or intangible—having no phys

ical existence, such as patents, inventions, and copyrights.

"Private" means not under public supervision or control.

"Procurement" means the acquisition from non-Federal sources of personal property and nonpersonal services, including construction, by such means as purchasing, renting, leasing, including real property, contracting, or bartering, but not by seizure, condemnation, donation, or requisition.

"Project period" means the total period of time for which a project is approved for support with Federal funds.

"Public agency" means a legally constituted organization of government under public administrative control and direction, but does not include agencies of the Federal Government.

"Real property" means land, land improvements, structures and appurtenances thereto, excluding movable machinery and equipment.

"Secretary" means the Secretary of the Department of Health, Education, and Welfare.

"State" means any of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, or any agency or instrumentality of any State exclusive State institutions of higher education and hospitals.

§ 1400.2 Scope.

(a) Except to the extent inconsistent with an applicable statute or regulation or as otherwise provided by regulation, the regulations of this subchapter apply to all grant awards of Federal assistance to eligible parties authorized under section 405 of the General Education Provisions Act.

(b) The regulations of this subchapter will be supplemented by other regulations in this chapter setting forth any special (1) rules of procedure; (2) substantive rules of general applicability; and (3) statements of general policy or interpretations of general applicability developed under the authority of section 405 of the General Education Provisions Act.

(c) Federal financial assistance provided under this chapter is also subject to the regulations in Part 80 of

this title, issued by the Secretary of Health, Education, and Welfare and approved by the President, to effectuate the provisions of title VI of the Civil Rights Act of 1964 (Public Law 88-352).

(42 U.S.C. 2000 d)

(d) Federal financial assistance provided under this chapter is also subject to the provisions of title IX of the Education Amendments of 1972 which prohibit sex discrimination, and any regulations issued thereunder (secs. 901-903, 905-907 of Pub. L. 92-318). (20 U.S.C. 1681-1683, 1685-1686)

(e) Federal financial assistance provided under this subchapter is also subject to the provisions of section 904 of the Education Amendments of 1972 which prohibit discrimination on the grounds of blindness or severely impaired vision and any regulations issued thereunder.

(f) Federal financial assistance provided under this chapter is also subject to the regulations in Part 16 of this title, establishing a Departmental Grant Appeals Board for the resolution of specified post-award grant disputes.

(g) Except as provided in paragraph (h) of this section and with respect to §§ 1400.4 and 1403.6 the award and administration of contracts and cooperative arrangements shall not be covered by this subchapter. Contracts shall be subject to the regulations in Chapters 1 and 3 of Title 41 of the Code of Federal Regulations.

(h) The provisions of § 1403.2(a) of this subchapter on eligible parties shall govern contract awards and jointly financed cooperative arrangements by the Director, as well as grant awards, except that profitmaking corporations, organizations, institutions, or agencies shall also be eligible for such contracts and jointly financed cooperative arrangements.

(20 U.S.C. 1684)

§ 1400.3 Purpose.

(a) Congress has declared it a policy of the United States to provide to every person an equal opportunity to receive an education of high quality regardless of race, color, religion, sex,