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means the Virgin Islands, Guam, Amer Erample. Assume the Virgin Islands applies ican Samoa, the Trust Territory of the for a consolidated grant that includes proPacific Islands, or the Commonwealth

grams under the Adult Education Act, Vocaof the Northern Mariana Islands.

tional Education Act, and Chapter 1 of the

Education Consolidation and Improvement (c) The Secretary may make an an

Act. If the Virgin Islands' allocation under nual consolidated grant to assist an In the formula for each of these three programs sular Area in carrying out one or more is $150,000; the total consolidated grant to State-administered formula grant pro the Virgin Islands would be $450,000. grams of the Department.

(Authority: 48 U.S.C. 1469a) (Authority: 20 U.S.C. 1221e-3 and 3474)

[47 FR 17421, Apr. 22, 1982] [47 FR 17421, Apr, 22, 1982, as amended at 54 FR 21776, May 19, 1989; 57 FR 30341, July 8, $76.129 How does a consolidated grant 1992)

work? $76.126 What regulations apply to the

(a) An Insular Area shall use the consolidated grant applications for

funds it receives under consolidated insular areas?

grant to carry out, in its jurisdiction, The following regulations apply to

one or more of the programs included those programs included in a consoli

in the grant. dated grant:

Example. Assume that Guam applies for a (a) The regulations in $$ 76.125 consolidated grant under the Vocational through 76.137; and

Education Act, the Handicapped Preschool (b) The regulations that apply to and School Programs-Incentive Grants, and each specific program included in a

the Adult Education Act and that the sum of

the allocations under these programs is consolidated grant for which funds are

$700,000. Guam may choose to allocate this used.

$700,000 among all of the programs author(Authority: 48 U.S.C. 1469a)

ized under the three programs. Alter

natively, it may choose to allocate the en(47 FR 17421, Apr. 22, 1982)

tire $700,000 to one or two of the programs;

for example, the Adult Education Act Pro876.127 What is the purpose of a consolidated grant?

gram. An Insular Area may apply for a con

(b) An Insular Area shall comply solidated grant for two or more of the

with the statutory and regulatory reprograms listed in $76.125(c). This pro

quirements that apply to each program cedure is intended to:

under which funds from the consoli(a) Simplify the application and re

dated grant are expended. porting procedures that would other Erample. Assume that American Samoa wise apply for each of the programs in uses part of the funds under a consolidated cluded in the consolidated grant; and grant for the State program under the Adult

(b) Provide the Insular Area with Education Act. American Samoa need not flexibility in allocating the funds

submit to the Secretary a State plan that reunder the consolidated grant to

quires policies and procedures to assure all

students equal access to adult education proachieve any of the purposes to be

grams. However, in carrying out the proserved by the programs that are con

gram, American Samoa must meet and be solidated.

able to demonstrate compliance with this (Authority: 48 U.S.C. 1469a)

equal access requirement.

(Authority: 48 U.S.C. 1469a.) (47 FR 17421, Apr. 22, 1982]

(47 FR 17421, Apr. 22, 1982] 876.128 What is a consolidated grant? A consolidated grant is a grant to an

$76.130 How are consolidated grants

made? Insular Area for any two or more of the programs listed in $76.125(c). The (a) The Secretary annually makes a amount of the consolidated grant is the single consolidated grant to each Insusum of the allocations the Insular Area lar Area that meets the requirements receives under each of the programs in- of $876.125 through 76.137 and each procluded in the consolidated grant if gram under which the grant funds are there had been no consolidation.

to be used and administered.

(b) The Secretary may decide that grant during the fiscal year for which one or more programs cannot be in- it submits the application, including cluded in the consolidated grant if the needs of the population that will be Secretary determines that the Insular met by the consolidation of funds; and Area failed to meet the program objec (4) Contains a budget that includes a tives stated in its plan for the previous description of the allocation of fundsfiscal year in which it carried out the including any anticipated carryover programs.

funds of the program in the consoli(c) Under a consolidated grant, an In- dated grant from the preceding yearsular Area may use a single advisory among the programs to be included in council for any or all of the programs the consolidated grant. that require an advisory council. (d) Although Pub. L. 95–134

(Approved by the Office of Management and authorizies the Secretary to consoli

Budget under control number 1880-0513) date grant funds that the Department (Authority: 48 U.S.C. 1469a) awards to an Insular Area, it does not [47 FR 17421, Apr. 22, 1982, as amended at 53 confer eligibility for any grant funds. FR 49143, Dec. 6, 1988) The eligibility of a particular Insular Area to receive grant funds under a $76.132 What assurances must be in a Federal education program is deter consolidated grant application? mined under the statute and regula (a) An Insular Area shall include in tions for that program.

its consolidated grant application as(Authority: 48 U.S.C. 1469a)

surances to the Secretary that it will:

(1) Follow policies and use adminis[47 FR 17421, Apr. 22, 1982]

trative practices that will insure that $76.131 How does an insular area

non-Federal funds will not be supapply for a consolidated grant?

planted by Federal funds made avail(a) An Insular Area that desires to

able under the authority of the proapply for a grant consolidating two or

grams in the consolidated grant; more programs listed in $76.125(c) shall

(2) Comply with the requirements submit to the Secretary an application

(except those relating to the submisthat:

sion of State plans or similar docu(1) Contains the assurances in $76.132;

ments) in the authorizing statutes and and

implementing regulations for the pro(2) Meets the application require

grams under which funds are to be used ments in paragraph (c) of this section.

and administered, (except require(b) The submission of an application

ments for matching funds); that contains these requirements and

(3) Provide for proper and efficient assurances takes the place of a sepa

administration of funds in accordance rate State plan or other similar docu

with the authorizing statutes and imment required by this part or by the

plementing regulations for those proauthorizing statutes and regulations

grams under which funds are to be used for programs included in the consoli

and administered; dated grant.

(4) Provide for fiscal control and fund (c) An Insular Area shall include in accounting procedures to assure proper its consolidated grant application a disbursement of, and accounting for, program plan that:

Federal funds received under the con(1) Contains a list of the programs in solidated grant; $76.125(c) to be included in the consoli (5) Submit an annual report to the dated grant;

Secretary containing information cov(2) Describes the program or pro ering the program or programs for grams in $76.125(c) under which the which the grant is used and adminisconsolidated grant funds will be used tered, including the financial and proand administered;

gram performance information re(3) Describes the goals, objectives, quired under 34 CFR 74.51-74.52 and 34 activities, and the means of evaluating CFR 80.40-80.41. program outcomes for the programs for (6) Provide that funds received under which the Insular Area will use the the consolidated grant will be under funds received under the consolidated control of, and that title to property

acquired with these funds will be in, a plication to include an update of the public agency, institution, or organiza- information required under $ 76.131. tion. The public agency shall admin

(Authority: 48 U.S.C. 1469a) ister these funds and property; (7) Keep records, including a copy of

[47 FR 17421, Apr. 22, 1982] the State Plan or application document under which funds are to be

$76.134 What is the relationship be

tween consolidated and non-conspent, which show how the funds re

solidated grants? ceived under the consolidated grant have been spent.

(a) An Insular Area may request that (8) Adopt and use methods of moni

any number of programs in $ 76.125(c) be

included in its consolidated grant and toring and providing technical assist

may apply separately for assistance ance to any agencies, organizations, or institutions that carry out the pro

under any other programs listed in

$76.125(c) for which it is eligible. grams under the consolidated grant and enforce any obligations imposed on

(b) Those programs that an Insular

Area decides to exclude from consolidathem under the applicable statutes and

tion-for which it must submit separegulations.

rate plans or applications are imple(9) Evaluate the effectiveness of

mented in accordance with the applicathese programs in meeting the pur

ble program statutes and regulations. poses and objectives in the authorizing The excluded programs are not subject statutes under which program funds to the provisions for allocation of funds are used and administered;

among programs in a consolidated (10) Conduct evaluations of these pro- grant. grams at intervals and in accordance with procedures the Secretary may

(Authority: 48 U.S.C. 1469a) prescribe; and

[47 FR 17421, Apr. 22, 1982) (11) Provide appropriate opportunities for participation by local agencies,

876.135 Are there any requirements representatives of the groups affected

for matching funds? by the programs, and other interested The Secretary waives all requireinstitutions, organizations, and indi- ments for matching funds for those viduals in planning and operating the programs that are consolidated by an programs.

Insular Area in a consolidated grant (b) These assurances remain in effect application. for the duration of the programs they (Authority: 48 U.S.C. 1469a) cover.

[47 FR 17421, Apr. 22, 1982) (Authority: 48 U.S.C. 1469a)

876.136 Under what programs may (47 FR 17421, Apr. 22, 1982, as amended at 64

consolidated grant funds be spent? FR 50392, Sept. 16, 1999)

Insular Areas may only use and ad$76.133 What is the reallocation au minister funds under programs dethority?

scribed in $ 76.125(c) during a fiscal year

for which the Insular Area is entitled (a) After an Insular Area receives a

to receive funds under an appropriation consolidated grant, it may reallocate

for that program. the funds in a manner different from the allocation described in its consoli (Authority: 48 U.S.C. 1469a) dated grant application. However, the

[47 FR 17421, Apr. 22, 1982, as amended at 57 funds cannot be used for purposes that FR 30341, July 8, 1992) are not authorized under the programs in the consolidated grant under which $76.137 How may carryover funds be funds are to be used and administered. used under the consolidated grant (b) If an Insular Area decides to re

application? allocate the funds it receives under a Any funds under any applicable proconsolidated grant, it shall notify the gram which are available for obligation Secretary by amending its original ap and expenditure in the year succeeding

the fiscal year for which they are ap Subpart C-How a Grant Is Made propriated must be obligated and ex

to a State pended in accordance with the consolidated grant application submitted by APPROVAL OR DISAPPROVAL BY THE the Insular Area for that program for

SECRETARY the succeeding fiscal year.

$76.201 A State plan must meet all (Authority: 20 U.S.C. 1225(b); 48 U.S.C. 1469a)

statutory and regulatory require


The Secretary approves a State plan $76.140 Amendments to a State plan. if it meets the requirements of the Fed

(a) If the Secretary determines that eral statutes and regulations that an amendment to a State plan is essen

apply to the plan. tial during the effective period of the (Authority: 20 U.S.C. 1221e-3 and 3474) plan, the State shall make the amendment.

$76.202 Opportunity for a hearing be(b) A State shall also amend a State

fore a State plan is disapproved. plan if there is a significant and rel The Secretary may disapprove a evant change in:

State plan only after: (1) The information or the assurances (a) Notifying the State; in the plan;

(b) Offering the State a reasonable (2) The administration or operation opportunity for a hearing; and of the plan; or

(c) Holding the hearing, if requested (3) The organization, policies, or op by the State. erations of the State agency that received the grant, if the change materi

(Authority: 20 U.S.C. 12210-3 and 3474) ally affects the information or assur

$76.235 The notification of grant ances in the plan.

award. (Authority: 20 U.S.C. 1221e-3, 1231g(a), and (a) To make a grant to a State, the 3474)

Secretary issues and sends to the State

a notification of grant award. $76.141 An amendment requires the same procedures as the document

(b) The notification of grant award being amended.

tells the amount of the grant and pro

vides other information about the If a State amends a State plan under

grant. $76.140, the State shall use the same procedures as those it must use to pre (Authority: 20 U.S.C. 1221e-3 and 3474) pare and submit a State plan.

ALLOTMENTS AND REALLOTMENTS OF (Authority: 20 U.S.C. 1221e-3 and 3474)

GRANT FUNDS $76.142 An amendment is approved on $76.260 Allotments are made under the same basis as the document

program statute or regulations. being amended.

(a) The Secretary allots program The Secretary uses the same proce

funds to a State in accordance with the dures to approve an amendment to a authorizing statute or implementing State plan--or any other document a

regulations for the program. State submits-as the Secretary uses

(b) Any reallotment to other States to approve the original document.

will be made by the Secretary in ac(Authority: 20 U.S.C. 1221e-3 and 3474)

cordance with the authorizing statute
or implementing regulations for that
(Authority: 20 U.S.C. 3474(a))
(50 FR 29330, July 18, 1985)

$76.261 Reallotted funds are part of a (c) The Federal requirements that State's grant.

apply to the subgrant. Funds that a State receives as a re (Approved by the Office of Management and sult of a reallotment are part of the Budget under control number 1880-0513) State's grant for the appropriate fiscal (Authority: 20 U.S.C. 1221e-3 and 3474) year. However, the Secretary does not

[45 FR 22517, Apr. 3, 1980. Redesignated at 45 consider a reallotment in determining

FR 77368, Nov. 21, 1980, as amended at 53 FR the maximum or minimum amount to

49143, Dec. 6, 1988] which a State is entitled for a following fiscal year.

$76.303 Joint applications and

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

(a) Two or more eligible parties may Subpart D-How To Apply to the

submit a joint application for a

subgrant. State for a Subgrant

(b) If the State must use a formula to $76.300 Contact the State for proce

distribute subgrant funds (see $ 76.51), dures to follow.

the State may not make a subgrant

that exceeds the sum of the entitleAn applicant for a subgrant can find ments of the separate subgrantees. out the procedures it must follow by (c) If the State funds the application, contacting the State agency that ad each subgrantee shall: ministers the program.

(1) Carry out the activities that the (Authority: 20 U.S.C. 1221e-3 and 3474)

subgrantee agreed to carry out; and

(2) Use the funds in accordance with CROSS REFERENCE: See subparts E and G of Federal requirements. this part for the general responsibilities of

(d) Each subgrantee shall use an acthe State regarding applications for sub

counting system that permits identigrants.

fication of the costs paid for under its 876.301 Local educational agency gen

subgrant. eral application.

(Authority: 20 U.S.C. 1221e-3 and 3474) A local educational agency that ap

$76.304 Subgrantee shall make plies for a subgrant under a program

subgrant application available to subject to this part shall have on file

the public. with the State a general application that meets the requirements of Section

A subgrantee shall make any applica

tion, evaluation, periodic program 442 of the General Education Provi

plan, or report relating to each prosions Act.

gram available for public inspection. (Approved by the Office of Management and

(Authority: 20 U.S.C. 1221e-3, 1232e, and 3474) Budget under control number 1880-0513) (Authority: 20 U.S.C. 1221e-3, 1232d, and 3474) Subpart E-How a Subgrant Is (52 FR 27804, July 24, 1987, as amended at 53

Made to an Applicant FR 49143, Dec. 6, 1988; 60 FR 46493, Sept. 6, 1995]

$76.400 State procedures for review

ing an application. $76.302 The notice to the subgrantee.

A State that receives an application A State shall notify a subgrantee in for a subgrant shall take the following writing of:

steps: (a) The amount of the subgrant;

(a) Review. The State shall review the (b) The period during which the sub application. grantee may obligate the funds; and (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

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