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(2)(i) If the application could be fund and national significance that it should ed under a competition described in be funded as an unsolicited application, paragraph (a)(1) of this section and the the Secretary may fund the applicadeadline for submission of applications tion. has not passed, the Secretary refers the NOTE TO $ 75.222: To assure prompt considapplication to the appropriate competi eration, applicants submitting unsolicited tion for consideration under the proce applications should send the application, dures in $75.217.

marked "Unsolicited Application" on the (ii)(A) If the application could have

outside, to the Chief, Application Control been funded under a competition de

Center, U.S. Department of Education,

Washington, DC 20202-4725. scribed in paragraph (a)(1) of this section and the deadline for submission of

(Authority: 20 U.S.C. 1221e-3 and 3474) applications has passed, the Secretary [60 FR 12096, Mar. 3, 1995) may consider the application only in exceptional circumstances, as deter $75.223 [Reserved] mined by the Secretary. (B) If the Secretary considers an ap

$75.224 What are the procedures for plication under paragraph (a)(2)(ii) of

using a multiple tier review process this section, the Secretary considers

to evaluate applications? the application under paragraphs (b) (a) The Secretary may use a multiple through (e) of this section.

tier review process to evaluate applica(iii) If the application could not be tions. funded under a competition described (b) The Secretary may refuse to rein paragraph (a)(1) of this section, the view applications in any tier that do Secretary considers the application not meet a minimum cut-off score esunder paragraphs (b) through (e) of this tablished for the prior tier. section.

(c) The Secretary may establish the (b) If an application may be consid minimum cut-off scoreered under paragraphs (a)(2)(ii) or (iii) (1) In the application notice pubof this section, the Secretary deter- lished in the FEDERAL REGISTER; or mines if

(2) After reviewing the applications (1) There is a substantial likelihood to determine the overall range in the that the application is of exceptional quality of applications received. quality and national significance for a (d) The Secretary may, in any tierprogram administered by ED;

(1) Use more than one group of ex(2) The application meets the re perts to gain different perspectives on quirements of all applicable statutes an application; and and codified regulations that apply to (2) Refuse to consider an application the program; and

if the application is rejected under (3) Selection of the project will not paragraph (b) of this section by any have an adverse impact on the funds one of the groups used in the prior tier. available for other awards planned for the program.

(Authority: 20 U.S.C. 1221e-3 and 3474) (c) If the Secretary determines that [66 FR 60138, Nov. 30, 2001] the criteria in paragraph (b) of this section have been met, the Secretary as $ 75.225 What procedures does the Secsembles a panel of experts that does retary use if the Secretary decides not include any employees of the De

to give special consideration to nov. partment to review the application.

ice applications? (d) The experts

(a) As used in this section, "novice (1) Evaluate the application based on applicant” meansthe selection criteria; and

(1) Any applicant for a grant from ED (2) Determine whether the applica thattion is of such exceptional quality and (i) Has never received a grant or national significance that it should be subgrant under the program from funded as an unsolicited application. which it seeks funding;

(e) If the experts highly rate the ap (ii) Has never been a member of a plication and determine that the appli group application, submitted in accordcation is of such exceptional quality ance with $875.127-75.129, that received

a grant under the program from which $75.232 The cost analysis; basis for it seeks funding; and

grant amount. (iii) Has not had an active discretionary grant from the Federal Govern

(a) Before the Secretary sets the

amount of a new grant, the Secretary ment in the five years before the dead

does a cost analysis of the project. The line date for applications under the

Secretary: program. (2) In the case of a group application

(1) Verifies the cost data in the desubmitted in accordance with $875.127–

tailed budget for the project; 75.129, a group that includes only par

(2) Evaluates specific elements of ties that meet the requirements of

costs; and paragraph (a)(1) of this section.

(3) Examines costs to determine if (b) For the purposes of paragraph they are necessary, reasonable, and al(a)(1)(iii) of this section, a grant is ac

lowable under applicable statutes and tive until the end of the grant's project regulations. or funding period, including any exten

(b) The Secretary uses the cost analsions of those periods that extend the ysis as a basis for determining the grantee's authority to obligate funds.

amount of the grant to the applicant. (c) If the Secretary determines that The cost analysis shows whether the special consideration of novice applica applicant can achieve the objectives of tions is appropriate, the Secretary may the project with reasonable efficiency either

and economy under the budget in the (1) Establish a separate competition

application. for novice applicants; or

(Authority: 20 U.S.C. 1221e-3 and 3474) (2) Give competitive preference to novice applicants under the procedures

[45 FR 22497, Apr. 3, 1980. Redesignated at 45 in 34 CFR 75.105(c)(2).

FR 77368, Nov. 21, 1980, as amended at 59 FR

30261, June 10, 1994) (d) Before making a grant to a novice applicant, the Secretary imposes spe

$ 75.233 Setting the amount of the cial conditions, if necessary, to ensure grant. the grant is managed effectively and project objectives are achieved.

(a) Subject to any applicable match

ing or cost-sharing requirements, the (Authority: 20 U.S.C. 1221e-3 and 3474)

Secretary may fund up to 100 percent

of the allowable costs in the appli[66 FR 60138, Nov. 30, 2001; 67 FR 4316, Jan. 29,

cant's budget. 2002]

(b) In deciding what percentage of PROCEDURES TO MAKE A GRANT the allowable costs to fund, the Sec

retary may consider any other finan$75.230 How the Department makes a cial resources available to the appligrant; purpose of $875.231-75.236.

cant. If the Secretary selects an application under $$ 75.217, 75.220, or 75.222, the

(Authority: 20 U.S.C. 1221e-3 and 3474) Secretary follows the procedures in [57 FR 30338, July 8, 1992) $875.231-75.236 to set the amount and determine the conditions of a grant.

$75.234 The conditions of the grant. Sections 75.235–75.236 also apply to (a) The Secretary makes a grant to grants under formula grant programs. an applicant only after determiningCROSS REFERENCE: See $75.200 How applica

(1) The approved costs; and tions for new grants are selected for funding. (2) Any special conditions. (Authority: 20 U.S.C. 1221e-3 and 3474)

(b) In awarding a cooperative agree

ment, the Secretary includes condi$ 75.231 Additional information.

tions that state the explicit character After selecting an application for

and extent of anticipated collaboration funding, the Secretary may require the

between the Department and the reapplicant to submit additional infor

cipient. mation.

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

[57 FR 30338, July 8, 1992]

$75.235 The notification of grant

award. (a) To make a grant, the Secretary issues a notification of grant award and sends it to the grantee.

(b) The notification of grant award sets the amount of the grant award and establishes other specific conditions, if any. (Authority: 20 U.S.C. 1221e-3 and 3474) (45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 57 FR 30338, July 8, 1992]

875.236 Effect of the grant.

The grant obligates both the Federal Government and the grantee to the requirements that apply to the grant. (Authority: 20 U.S.C. 1221e-3 and 3474)

CROSS REFERENCE: See 34 CFR part 74, Subpart 1-Programmatic Changes and Budget Revisions.

APPROVAL OF MULTI-YEAR PROJECTS

$ 75.250 Project period can be up to 60

months. The Secretary may approve a project period of up to 60 months. (Authority: 20 U.S.C. 1221e-3 and 3474) [45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 52 FR 27804, July 24, 1987)

(2) The recipient has either

(i) Made substantial progress toward meeting the objectives in its approved application; or

(ii) Obtained the Secretary's approval of changes in the project that

(A) Do not increase the cost of the grant; and

(B) Enable the recipient to meet those objectives in succeeding budget periods;

(3) The recipient has submitted all reports as required by $75.118, and

(4) Continuation of the project is in the best interest of the Federal Government.

(b) Subject to the criteria in paragraph (a) of this section, in selecting applications for funding under a program the Secretary gives priority to contination awards over new grants.

(c)(1) Notwithstanding any regulatory requirements in 34 CFR part 80, a grantee may expend funds that have not been obligated at the end of a budget period for obligations of the subsequent budget period if

(i) The obligation is for an allowable cost that falls within the scope and objectives of the project; and

(ii) ED regulations other than 34 CFR part 80, statutes, or the conditions of the grant do not prohibit the obligation. NOTE: See 34 CFR 74.25(e)(2). (2) The Secretary may

(i) Require the grantee to send a written statement describing how the funds made available under this section will be used; and

(ii) Determine the amount of new funds that the Department will make available for the subsequent budget period after considering the statement the grantee provides under paragraph (c)(2)(i) of this section or any other information available to the Secretary about the use of funds under the grant.

(3) In determining the amount of new funds to make available to a grantee under this section, the Secretary considers whether the unobligated funds made available are needed to complete activities that were planned for completion in the prior budget period.

(d)(1) If the Secretary decides, under this section, not to make a continuation award, the Secretary may authorize a no-cost extension of the last

8 75.251 The budget period.

(a) The Secretary usually approves a budget period of not more than 12 months, even if the project has a multi-year project period.

(b) If the Secretary approves a multiyear project period, the Secretary:

(1) Makes a grant to the project for the initial budget period; and

(2) Indicates his or her intention to make contination awards to fund the remainder of the project period. (Authority: 20 U.S.C. 1221e-3 and 3474)

875.253 Continuation of a multi-year

project after the first budget pe

riod. (a) The Secretary may make a continuation award for a budget period after the first budget period of an approved multi-year project if:

(1) The Congress has appropriated sufficient funds under the program;

budget period of the grant in order to (b) Specific rule for certain programs of provide for the orderly closeout of the the National Institute on Disability and grant.

Rehabilitation Research. Notwith(2) If the Secretary makes a continu standing paragraph (a) of this section, ation award under this section

grantees under the following programs (i) The Secretary makes the award of NIDRR must request prior approval under $875.231-75.236; and

to extend their grants under paragraph (ii) The new budget period begins on (c) of this section: the day after the previous budget pe (1) The Knowledge Dissemination and riod ends.

Utilization Centers and Disability and (e) Unless prohibited by program reg Technical Assistance Centers authorulations, a recipient that is in the final ized under 29 U.S.C. 761a(b)(2), (4), (5), budget period of a project period may

(6), and (11) and implemented at 34 CFR seek continued assistance for the

part 350, subpart B, SS 350.17–350.19. project under the procedures for select

(2) The Rehabilitation Research and ing new projects.

Training Centers program authorized (Authority: 20 U.S.C. 1221e-3 and 3474)

under 29 U.S.C. 762(b) and implemented [45 FR 22497, Apr. 3, 1980. Redesignated at 45

at 34 CFR part 350, subpart C. FR 77368, Nov. 21, 1980, as amended at 57 FR

(3) The Rehabilitation Engineering 30338, July 8, 1992; 59 FR 30261, June 10, 1994; Research Centers authorized under 29 62 FR 40424, July 28, 1997)

U.S.C. 762(b)(3) and implemented at 34 CROSS REFERENCES: 1. See Subpart C-How CFR part 350, subpart D. to Apply for a Grant.

(4) The Special Projects and Dem2. See $75.117 Information needed for a onstrations for Spinal Cord Injuries aumulti-year project; and $75.118 Application

thorized under 29 U.S.C. 762(b)(4) and for a continuation award.

implemented at 34 CFR part 359. 875.254 [Reserved]

(c) Other regulations. If ED regula

tions, other than the regulations in 34 MISCELLANEOUS

CFR part 80, or the conditions of the

award require the grantee to get prior $75.260 Allotments and reallotments. approval to extend the project period,

(a) Under some of the programs cov the Secretary may permit the grantee ered by this part, the Secretary allots to extend the project period iffunds under a statutory or regulatory (1) The extension does not violate formula.

any statute or regulations; (b) Any reallotment to other grant (2) The extension does not involve ees will be made by the Secretary in the obligation of additional Federal accordance with the authorizing stat funds; ute for that program.

(3) The extension is to carry out the (Authority: 20 U.S.C. 1221e-3 and 3474)

activities in the approved application;

and [45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 52 FR

(4)(i) The Secretary determines that, 27804, July 24, 1987)

due to special or unusual cir

cumstances applicable to a class of $ 75.261 Extension of a project period. grantees, the project periods for the (a) General rule. A grantee may, not

grantees should be extended; or withstanding any regulatory require

(ii)(A) The Secretary determines that ment in 34 CFR part 80, extend the

special or unusual circumstances would project period of an award one time for delay completion of the project beyond a period up to twelve months without the end of the project period; the prior approval of the Secretary, if (B) The grantee requests an exten

(1) The grantee meets the require sion of the project at least 45 calendar ments for extension of 34 CFR days before the end of the project pe74.25(e)(2); and

riod; and (2) ED regulations other than the (C) The grantee provides a written regulations in 34 CFR part 80, statutes statement before the end of the project or the conditions of an award do not period giving the reasons why the exprohibit the extension.

tension is appropriate under paragraph

in

(c)(4)(ii)(A) of this section and the pe transfers as specified in 34 CFR 74.25 riod for which the project needs exten unlesssion.

(a) ED regulations other than 34 CFR (d) Waiver. The Secretary may waive part 80 or a statute prohibit these the requirement

paragraph transfers; or (a)(4)(ii)(B) of this section if

(b) The conditions of the grant pro(1) The grantee could not reasonably hibit these transfers. have known of the need for the extension on or before the start of the 45-day

(Authority: 20 U.S.C. 1221e-3 and 3474) time period; or

[62 FR 40425, July 28, 1997) (2) The failure to give notice on or before the start of the 45-day time pe Subpart E-What Conditions Must riod was unavoidable.

Be Met by a Grantee? (Authority: 20 U.S.C. 1221e-3 and 3474)

NONDISCRIMINATION [57 FR 30338, July 8, 1992, as amended at 62 FR 40424, July 28, 1997)

$75.500 Federal statutes and regula875.262 Conversion of a grant or a co

tions on nondiscrimination. operative agreement.

Each grantee shall comply with the (a)(1) The Secretary may convert a following statutes and regulations: grant to a cooperative agreement or a

Subject

Statute Regulations cooperative agreement to a grant at the time a continuation award is made Discrimination on the Title VI of the Civil 34 CFR part under $75.253.

basis of race, color Rights Act of 1964 100.

or national origin. (42 U.S.C. 20000 (2) In deciding whether to convert a

through 20000_4). grant to a cooperative agreement or a Discrimination on the Title IX of the Edu 34 CFR part cooperative agreement to a grant, the basis of sex.

cation Amendments 106.

of 1972 (20 U.S.C. Secretary considers the factors in

1681-1683). cluded in $75.200(b) (4) and (5).

Discrimination on the Section 504 of the 34 CFR part (b) The Secretary and a recipient basis of handicap Rehabilitation Act 104. may agree at any time to convert a

of 1973 (29 U.S.C.

794). grant to a cooperative agreement or a

Discrimination on the The Age Discrimina 45 CFR part cooperative agreement to a grant, sub

basis of age. tion Act (42 U.S.C. 90. ject to the factors included in $75.200(b)

6101 et seq.). (4) and (5). (Authority: 20 U.S.C. 1221e-3 and 3474)

(Authority: 20 U.S.C. 1221e-3 and 3474) (57 FR 30339, July 8, 1992)

PROJECT STAFF $75.263 Pre-award costs; waiver of ap $75.511 Waiver of requirement for a proval.

full-time project director. A grantee may, notwithstanding any

(a) If regulations under a program rerequirement in 34 CFR part 80, incur

quire a full-time project director, the pre-award costs as specified in 34 CFR

Secretary may waive that requirement 74.25(e)(1) unless

under the following conditions: (a) ED regulations other than 34 CFR part 80 or a statute prohibit these

(1) The project will not be adversely

affected by the waiver. costs; or

(2)(i) The project director is needed (b) The conditions of the award pro

to coordinate two or more related hibit these costs.

projects; or (Authority: 20 U.S.C. 1221e-3 and 3474; OMB (ii) The project director must teach a Circulars A-21, A-87, and A-122)

minimum number of hours to retain [62 FR 40425, July 28, 1997]

faculty status.

(b) The waiver either permits the $75.264 Transfers among budget cat grantee: egories.

(1) To use a part-time project direcA grantee may, notwithstanding any tor; or requirement in 34 CFR part 80, make (2) Not to use any project director.

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