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(c)(1) An applicant or a grantee may request the waiver.

(2) The request must be in writing and must demonstrate that a waiver is appropriate under this section.

(3) The Secretary gives the waiver in writing. The waiver is effective on the date the Secretary signs the waiver. (Authority: 20 U.S.C. 1221e-3 and 3474)

$75.519 Dual compensation of staff.

A grantee may not use its grantee to pay a project staff member for time or work for which that staff member is compensated from some other source of funds. (Authority: 20 U.S.C. 1221e-3 and 3474)

CROSS REFERENCE: See 34 CFR 74.25, Revision of budget and program plans; and 34 CFR 80.30, Changes.

$75.515 Use of consultants.

(a) Subject to Federal statutes and regulations, a grantee shall use its general policies and practices when it hires, uses, and pays a consultant as part of the project staff.

(b) The grantee may not use its grant to pay a consultant unless:

(1) There is a need in the project for the services of that consultant; and

(2) The grantee cannot meet that need by using an employee rather than a consultant.

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

$75.516 Compensation of consultants

employees of institutions of higher

education. If an institution of higher education receives a grant for research or for educational services, it may pay a consultant's fee to one of its employees only in unusual circumstances and only if:

(a) The work performed by the consultant is in addition to his or her regular departmental load; and

(b)(1) The consultation is across departmental lines; or

(2) The consultation involves a separate or remote operation. (Authority: 20 U.S.C. 1221e-3 and 3474)

CONFLICT OF INTEREST $75.524 Conflict of interest: Purpose of

$75.525. (a) The conflict of interest regulations of the Department that apply to a grant are in $75.525.

(b) These conflict of interest regulations do not apply to a "government" as defined in 34 CFR 80.3.

(c) The regulations in 875.525 do not apply to a grantee's procurement contracts. The conflict of interest regulations that cover those procurement contracts are in 34 CFR part 74. (Authority: 20 U.S.C. 1221e-3 and 3474) (45 FR 22497, Apr. 3, 1980, as amended at 64 FR 50391, Sept. 16, 1999) 875.525 Conflict of interest: Participa

tion in a project. (a) A grantee may not permit a person to participate in an administrative decision regarding a project if:

(1) The decision is likely to benefit that person or a member of his or her immediate family; and

(2) The person:
(i) Is a public official; or

(ii) Has a family or business relationship with the grantee.

(b) A grantee may not permit any person participating in the project to use his or her position for a purpose that is or gives the appearance of being-motivated by a desire for a private financial gain for that person or for others. (Authority: 20 U.S.C. 1221e3 and 3474)

ALLOWABLE COSTS 875.530 General cost principles.

The general principles to be used in determining costs applicable to grants and cost-type contracts under grants are specified at 34 CFR 74.27 (for administration of grants to institutions of higher education, and other non-profit organizations) and 34 CFR 80.22 (for

$ 75.517 Changes in key staff members.

A grantee shall comply with 34 CFR 74.25(c)(2) concerning replacement or lesser involvement of any key project staff, whether or not the grant is for research. (Authority: 20 U.S.C. 1221e-3 and 3474) (45 FR 22497, Apr. 3, 1980, as amended at 64 FR 50391, Sept. 16, 1999)

uniform administrative requirements for grants and cooperative agreements to State and local governments). (Authority: 20 U.S.C. 1221e3 and 3474)

CROSS REFERENCE: See 34 CFR part 74, Subpart D-After-the-Award Requirements and 34 CFR part 80, Subpart C-Post-Award Requirements. (64 FR 50391, Sept. 16, 1999] $ 75.531 Limit on total cost of a

project. A grantee shall insure that the total cost to the Federal Government is not more than the amount stated in the notification of grant award. (Authority: 20 U.S.C. 1221e-3 and 3474)

ents not specified in the notice of award under $75.235 if

(a) Allowances for dependents are authorized by the program statute and are allowable under the grant; and

(b) Appropriations are available to cover the cost. (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 30339, July 8, 1992)

INDIRECT COST RATES

8 75.532 Use of funds for religion pro

hibited. (a) No grantee may use its grant to pay for any of the following:

(1) Religious worship, instruction, or proselytization.

(2) Equipment or supplies to be used for any of those activities.

(3) Construction, remodeling, repair, operation, or maintenance of any facility or part of a facility to be used for any of those activities.

An activity of a school or depart ment of divinity.

(b) As used in this section, school or department of divinity means an institution or a component of an institution whose program is specifically for the education of students to:

(1) Prepare them to enter into a religious vocation; or

(2) Prepare them to teach theological subjects. (Authority: 20 U.S.C. 1221e-3 and 3474) $75.533 Acquisition of real property;

construction. No grantee may use its grant for acquisition of real property or for construction unless specifically permitted by the authorizing statute or implementing regulations for the program. (Authority: 20 U.S.C. 1221e-3 and 3474)

$75.560 General indirect cost rates; ex

ceptions. (a) The differences between direct and indirect costs and the principles for determining the general indirect cost rate that a grantee may use for grants under most programs are specified in the cost principles for

(1) Institutions of higher education, at 34 CFR 74.27;

(2) Hospitals, at 34 CFR 74.27;

(3) Other nonprofit organizations, at 34 CFR 74.27;

(4) Commercial (for-profit) organizations, at 34 CFR 74.27; and

(5) State and local governments and federally-recognized Indian tribal organizations, at 34 CFR 80.22.

(b) A grantee must have a current indirect cost rate agreement to charge indirect costs to a grant. To obtain an indirect cost rate, a grantee must submit an indirect cost proposal to its cognizant agency and negotiate an indirect cost rate agreement.

(c) The Secretary may establish a temporary indirect cost rate for a grantee that does not have an indirect cost rate agreement with its cognizant agency.

(d) The Secretary accepts an indirect cost rate negotiated by a grantee's cognizant agency, but may establish a restricted indirect cost rate for a grantee to satisfy the statutory requirements of certain programs administered by the Department. (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 30339, July 8, 1992; 59 FR 59582, Nov. 17, 1994]

875.534 Training grants-automatic

increases for additional depend. ents. The Secretary may increase a grant to cover the cost of additional depend

$75.561 Approval of indirect cost of this section, a modified total direct rates.

cost base is defined as total direct (a) If the Department of Education is

costs less stipends, tuition and related the cognizant agency, the Secretary

fees, and capital expenditures of $5,000 approves an indirect cost rate for a

or more. grantee other than a local educational

(1) The eight percent limit also apagency. For the purposes of this sec

plies to cost-type contracts under tion, the term local educational agency

grants, if these contracts are for traindoes not include a State agency.

ing as defined in this section. (b) Each State educational agency,

(2) The eight percent limit does not on the basis of a plan approved by the

apply to agencies of State or local govSecretary, shall approve an indirect

ernments, including federally recogcost rate for each local educational

nized Indian tribal governments, as de

fined in 34 CFR 80.3. agency that requests it to do so. These

(3) Indirect costs in excess of the rates may be for periods longer than a year if rates are sufficiently stable to

eight percent limit may not be charged justify a longer period.

directly, used to satisfy matching or (c) The Secretary generally approves

cost-sharing requirements, or charged

to another Federal award. indirect cost rate agreements annually. Indirect cost rate agreements may be

(d) A grantee using the training rate

of eight percent is required to have approved for periods longer than a year

documentation available for audit that if the Secretary determines that rates

shows that its negotiated indirect cost will be sufficiently stable to justify a

rate is at least eight percent. longer rate period.

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

[59 FR 59582, Nov. 17, 1994] [59 FR 59583, Nov. 17, 1994)

$75.563 Restricted indirect cost rate$75.562 Indirect cost rates for educational training projects.

programs covered.

If a grantee decides to charge indi(a) Educational training grants pro

rect costs to a program that has a statvide funding for training or other edu

utory requirement prohibiting the use cational services. Examples of the

of Federal funds to supplant non-Fedwork supported by training grants are

eral funds, the grantee shall use a resummer institutes, training programs

stricted indirect cost rate computed for selected participants, the introduc

under 34 CFR 76.564 through 76.569. tion of new or expanded courses, and similar instructional undertakings

(Authority: 20 U.S.C. 1221e-3 and 3474) that are separately budgeted and ac [59 FR 59583, Nov. 17, 1994] counted for by the sponsoring institution. These grants do not usually sup

$75.564 Reimbursement of indirect port activities involving research, de

costs. velopment, and dissemination of new (a) Reimbursement of indirect costs educational materials and methods. is subject to the availability of funds Training grants largely implement pre and statutory or administrative reviously developed materials and meth strictions. ods and require no significant adapta (b) The application of the rates and tion of techniques or instructional the determination of the direct cost services to fit different circumstances. base by a grantee must be in accord

(b) The Secretary uses the definition ance with the indirect cost rate agreein paragraph (a) to determine which ment approved by the grantee's coggrants are educational training grants. nizant agency.

(C) Indirect cost reimbursement on a (c) Indirect cost reimbursement is training grant is limited to the recipi not allowable under grants for ent's actual indirect costs, as deter (1) Fellowships and similar awards if mined by its negotiated indirect cost Federal financing is exclusively in the rate agreement, or eight percent of a form of fixed amounts such as scholarmodified total direct cost base, which ships, stipend allowances, or the tuiever amount is less. For the purposes tion and fees of an institution;

(c) The effect of the project on participants being served by the project. (Approved by the Office of Management and Budget under control number 1875-0102) (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 30339, July 8, 1992; 59 FR 30262, June 10, 1994; 60 FR 6660, Feb. 3, 1995]

(2) Construction grants;
(3) Grants to individuals;

(4) Grants to organizations located outside the territorial limits of the United States;

(5) Grants to Federal organizations; and

(6) Grants made exclusively to support conferences.

(d) Indirect cost reimbursement on grants received under programs with statutory restrictions or other limitations on indirect costs must be made in accordance with the restrictions in 34 CFR 76.564 through 76.569.

(e) Indirect costs for a group of eligible parties (see $$ 75.127–75.129) are limited to the amount derived by applying the rate of the applicant, or a restricted rate when applicable, to the grant in keeping with the terms of the applicant's indirect cost rate agreement. (Authority: 20 U.S.C. 1221e-3 and 3474) (59 FR 59583, Nov. 17, 1994]

$75.591 Federal evaluation-coopera

tion by a grantee. A grantee shall cooperate in any evaluation of the program by the Secretary. (Authority: 20 U.S.C. 1221e-3 and 3474) [45 FR 86297, Dec. 30, 1980]

$75.592 Federal evaluation-satisfying

requirement for grantee evaluation. If a grantee cooperates in a Federal evaluation of a program, the Secretary may determine that the grantee meets the evaluation requirements of the program, including $75.590. (Authority: 20 U.S.C. 1221e-3 and 3474)

CONSTRUCTION

CROSS REFERENCE: See 34 CFR part 74, Subpart P-Procurement Standards.

$75.580 Coordination with other ac

tivities. A grantee shall, to the extent possible, coordinate its project with other activities that are in the same geographic area served by the project and that serve similar purposes and target groups. (Authority: 20 U.S.C. 1221e-3, 2890, and 3474) [45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 57 FR 30339, July 8, 1992)

EVALUATION

$75.590 Evaluation by the recipient.

A recipient shall submit a performance report, or, for the last year of a project, a final report, that evaluates at least annually

(a) The recipient's progress in achieving the objectives in its approved application;

(b) The effectiveness of the project in meeting the purposes of the program; and

$75.600 Use of a grant for construc

tion: Purpose of $875.601-75.615. Sections 75.601-75.615 apply to:

(a) An applicant that requests funds for construction; and

(b) A grantee whose grant includes funds for construction, (Authority: 20 U.S.C. 1221e-3 and 3474) $75.601 Applicant's assessment of en

vironmental impact. An applicant shall include with its application its assessment of the impact of the proposed construction on the quality of the environment in accordance with section 102(2)(C) of the National Environmental Policy Act of 1969 and Executive Order 11514 (34 FR 4247). (Authority: 20 U.S.C. 1221e-3 and 3474)

$75.602 Preservation of historic sites

must be described in the applica

tion. (a) An applicant shall describe in its application the relationship of the proposed construction to and probable effect on any district, site, building, structure, or object that is:

(1) Included in the National Register of Historic Places; or

(2) Eligible under criteria established by the Secretary of Interior for inclusion in the National Register of Historic Places.

CROSS REFERENCE: See 36 CFR part 60 for these criteria.

(b) In deciding whether to make a grant, the Secretary considers:

(1) The information provided by the applicant under paragraph (a) of this section; and

(2) Any comments by the Advisory Council on Historic Preservation.

CROSS REFERENCE: See 36 CFR part 800, which provides for comments from the Council. (Authority: 20 U.S.C. 1221e-3 and 3474) $75.603 Grantee's title to site.

A grantee must have or obtain a full title or other interest in the site, including right of access, that is sufficient to insure the grantee's undisturbed use and possession of the facilities for 50 years or the useful life of the facilities, whichever is longer. (Authority: 20 U.S.C. 1221e-3 and 3474) $75.604 Availability of cost-sharing

funds. A grantee shall ensure that sufficient funds are available to meet any nonFederal share of the cost of constructing the facility. (Authority: 20 U.S.C. 1221e-3 and 3474) $75.605 Beginning the construction.

(a) A grantee shall begin work on construction within a reasonable time after the grant for the construction is made.

(b) Before construction is advertised or placed on the market for bidding, the grantee shall get approval by the Secretary of the final working drawings and specifications. (Authority: 20 U.S.C. 1221e-3 and 3474)

$ 75.606 Completing the construction.

(a) A grantee shall complete its construction within a reasonable time.

(b) The grantee shall complete the construction in accordance with the application and approved drawings and specifications. (Authority: 20 U.S.C. 1221e-3 and 3474) $75.607 General considerations in de

signing facilities and carrying out

construction. (a) A grantee shall insure that the construction is:

(1) Functional;
(2) Economical; and

(3) Not elaborate in design or extravagant in the use of materials, compared with facilities of a similar type constructed in the State or other applicable geographic area.

(b) The grantee shall, in developing plans for the facilities, consider excellence of architecture and design and inclusion of works of art. The grantee may not spend more than one percent of the cost of the project on inclusion of works of art. (Authority: 20 U.S.C. 1221e-3 and 3474)

$75.608 Areas in the facilities for cul.

tural activities. A grantee may make reasonable provision, consistent with the other uses to be made of the facilities, for areas in the facilities that are adaptable for artistic and other cultural activities. (Authority: 20 U.S.C. 1221e-3 and 3474) [57 FR 30339, July 8, 1992] $75.609 Comply with safety and health

standards. In planning for and designing facilities, a grantee shall observe:

(a) The standards under the Occupational Safety and Health Act of 1970 (Pub. L. 91–576) (See 36 CFR part 1910); and

(b) State and local codes, to the extent that they are more stringent. (Authority: 20 U.S.C. 1221e-3 and 3474) $75.610 Access by the handicapped.

A grantee shall comply with the Federal regulations on access by the handicapped that apply to construction

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