"Personal property" means property of any kind, tangible or intangible, except real property. "Preschool" means the educational level from a child's birth to the time at which elementary education is provided as determined under State law. "Private" means not under public supervision or control. "Program" means an overall plan with respect to Federal funds made available during a fiscal year, which plan is intended to be put into effect by the recipient through one or more projects. The term does not include a Federal program of assistance. "Project" means an activity, or set of activities designed to meet the purposes of the applicable Federal program. "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. "Recipient" means the agency, institution, or organization receiving Federal financial assistance including subgrantees (as defined in this section) but does not include contractors who receive funds from the recipient pursuant to a grant or contract awarded by the Commissioner. "Secondary school" means a day or residential school which provides secondary education, as determined under State law, except that it does not include any education provided beyond grade 12, and "Secondary school level" means the educational level (not beyond grade 12) at which secondary education is provided, as determined under State law. "Secretary" means the Secretary of Health, Education, and Welfare. "Service function", with respect to a local educational agency, means an educational service which is performed by a legal entity, such as an intermediate agency, whose jurisdiction does not extend to the whole of the State and which is authorized to provide consultative, advisory, or educational program services to public elementary or secondary schools, or which has regulatory functions over agencies having administrative control or direction of public elementary or secondary schools, rather than a service which is performed by a cultural or educational resource. As used in this subchapter the term "State and local governments" shall be determined according to the following definitions: (a) "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 a State exclusive of State institutions of higher education and hospitals. "State" includes, in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. (b) "Local government" means a local unit of government including specifically a county, municipality, city, town, 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. "Subgrant" means an award of money paid by a recipient as financial assistance pursuant to a grant awarded by the Commissioner. "Subgrantee" means the agency, institution, or organization to which a subgrant is made and which is accountable to the recipient for the use of the funds provided. "Supplies" means those nonequipment items of tangible personal property which are consumed in use or which may not reasonably be expected to last longer than 1 year. "Works of art" means those items, which may be in the nature of fixtures, that are incorporated in facilities primarily because of their esthetic value. The cost of a work of art which is in the nature of a fixture shall be the estimated additional cost of incorporating those special esthetic features which exceed the general requirements of excellence of architecture and design. (Sec. 403(b) (1), Pub. L. 90-247, 86 Stat. 327 Subpart B-Availability of Information to SOURCE: 40 FR 41795, Sept. 9, 1975. The Department's policy on fees set forth in § 5.60 of this title is as follows: It is the policy of the Department to provide routine information to the public without charge. Special information services involving benefit that does not accrue to the general public shall be subject to the payment of fees which shall be fixed in amounts to recover the direct cost to the Government of providing such services. Fees will be charged for the following special services: (a) Reproduction, duplication or copying of records; (b) Certification or authentication of records; (c) Searches for records. (5 U.S.C. 552 (a) (4) (A)) 100a.15 1008.16 100a.17 1008.18 100a.19 100a.20 100a.26 100a.27 100a.28 100a.29 100a.30 100a.31 Subpart B--Applications Applications for grants or con tracts. Project description. Administrative information. Designation and certification of agency to administer the project. Cooperative arrangements. Effective date of approved project. Disposition of applications. Budget revisions and minor deviations. Service contracts. Preapplications. § 100.7 Fee schedule. The fee schedule for the Department of Health, Education, and Welfare, set forth in § 5.61 of this title, is as follows: (a) (1) Search for records-three dollars per hour; provided, however, that no charge will be made for the first half hour. (2) Reproduction, duplication or copying of records-ten cents per page where such reproduction can be made by commonly available photocopying machines. However, the cost of reproducing records which are not susceptible to such photocopying, e.g., punch cards, magnetic tapes, blueprints, etc., will be determined on a case-by-case basis at actual cost. (3) Certification or authentication of records-three dollars per certification or authentication. (4) Forwarding material to destination-any special arrangements for forwarding which are requested by the requester shall be charged on an actual cost basis. (5) No charge will be made where the total amount does not exceed five dollars. (b) Waiver or reduction of the fees provided for in this subsection may be made upon a determination that such waiver or reduction is in the public interest because furnishing the information can be considered as primarily benefiting the general public. (5 U.S.C. 552 (a) (4) (A)) 100a.44 (a) Programs. Except to the extent inconsistent with an applicable statute or regulation, the provisions contained in this part apply to all Federal programs of assistance authorized under the following authorities: (1) Special programs and projects under section 306 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 844b); (2) Program planning and evaluation under section 411 of the General Education Provisions Act (20 U.S.C. 1222); (3) Strengthening State and local educational agencies under title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 861); (4) Bilingual education programs under title VII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 880b); (5) Dropout prevention projects under section 807 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 887); (6) Demonstration projects to improve school nutrition and health services for children from low-income families under section 808 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 887a); (7) Centers and services to meet special needs of the handicapped, training personnel for the education of the handicapped, research in the education of the handicapped, instructional media for the handicapped, and special programs for children with specific learning disabilities under parts C, D, E, F, and G, respectively, of the Education of the Handicapped Act (20 U.S.C. 1421, 1431, 1441, 1451, and 1461); (8) Special experimental demonstration projects and teacher training under section 309 of the Adult Education Act (20 U.S.C. 1208); (9) Desegregation of public education under title IV of the Civil Rights of 1964 (42 U.S.C. 2000c-2000c-9); 131(a), 142(c), 151, and 153; and part I of the Vocational Education Act of 1963 (20 U.S.C. 1281(a), 1302(d), 1321, 1323, 1391); (12) The follow-through program under section 222(a) (2) of the Economic Opportunity Act of 1964 (42 U.S.C. 2809 (a) (2)); (13) Emergency school aid under title VII of the Education Amendments of 1972 (20 U.S.C. 1601); (14) Grants for noncommercial educational broadcasting facilities under part IV of title III of the Communications Act of 1934 (47 U.S.C. 390); (15) On-the-job training, redevelopment areas, correctional institutions, work experience and training programs, and training and technical assistance under sections 204(c), 241, 251, and 309, respectively, of the Manpower Development and Training Act (42 U.S.C. 2584 (c), 2610a, 2610b, 2610c, and 2619); (16) Language development under title VI of the National Defense Education Act of 1958 (20 U.S.C. 511); (17) Programs under the Environmental Education Act (20 U.S.C. 1531); (18) Programs under the Drug Abuse Education Act of 1970 (21 U.S.C. 1001); (19) Special programs and projects relating to national and regional problems under section 106 of title I of the Higher Education Act of 1965 (20 U.S.C. 1005a); (20) College library resources and 11brary training and research under parts A and B, respectively, of title II of the Higher Education Act of 1965 (20 U.S.C. 1021, 1031); (21) Strengthening developing institutions under title III of the Higher Education Act of 1965 (20 U.S.C. 1051); (22) [Reserved] (23) Special programs for students from disadvantaged backgrounds under part A-4 of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070); (24) [Reserved] (25) Cooperative education programs under title IV-D of the Higher Education Act of 1965 (20 U.S.C. 1087a); (26) The following programs authorized under the Education Professions Development Act: Attracting qualified persons to the field of education (section 504); the Teacher Corps (Part B1); fellowships for teachers and related educational personnel (Part C); improving training opportunities for personnel serving in programs of education other than higher education (Part D); training programs for higher education personnel (Part E); and exchange programs, institutes, and in-service education for vocational education teachers, supervisors, coordinators, and administrators (section 553) (20 U.S.C. 1091c, 1101, 1111, 1119, 1119b, 1119c): (27) Financial assistance for the improvement of undergraduate instruction under title VI of the Higher Education Act of 1965 (20 U.S.C. 1121): (28) Construction of academic facilities under title VII of the Higher Education Act of 1965, except loans for construction of academic facilities; under part C thereof (20 U.S.C. 1132a); (29) Education programs in foreign language and area studies under section 102(b) (6) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2452 (b) (6)); (30) Programs under the Indian Elementary and Secondary School Assistance Act, under title III of Pub. L. 81-874 (as added by Part A of the Indian Education Act, Pub. L. 92-318, title IV) (20 U.S.C. 241aa); (31) Special programs and projects to improve educational opportunities for Indian children and Indian graduate and professional students under Part B of the Indian Education Act (20 U.S.C. 887c, 887c-1, 887c-2); and (32) Financial assistance for the improvement of educational opportunities for adult Indians under section 314 of the Adult Education Act (as added by Part C of the Indian Education Act, Pub. L. 92-3318, title IV) (20 U.S.C. 1211a). (33) Financial assistance for carrying out Ethnic Heritage Studies Programs under Title IX of the Elementary and Secondary Education Act. (34) Projects designed to encourage educational agencies and institutions to prepare students to use the revised metric system of measurement with ease and facility as part of the regular educational program under Section 403, Part C of Title IV, Pub. L. 93-380 (20 U.S.C. 1862); (35) Projects designed to demonstrate the most effective methods and techniques in career education, to develop exemplary career education models, and to develop State plans for the implementation of career education under Section 406, Part C of Title IV, Pub. L. 93-380 (20 U.S.C. 1865); (36) Bilingual Vocational Training program under Part J of the Vocational Education Act (20 U.S.C. 1393); and (b) Procurement contracts. This part shall not apply to procurement contracts awarded by the Office of Education in accordance with title 41 of the Code of Federal Regulations. (Comp. Gen. Op. No. B-146285 (September 15, 1971).) [38 FR 30663, Nov. 6, 1973, as amended at 39 FR 19212, May 31, 1974; 40 FR 21955, May 20, 1975; 41 FR 15691, Apr. 14, 1976; 41 FR 16440, Apr. 19, 1976; 41 FR 16768, Apr. 21, 1976; 41 FR 16942, Apr. 23, 1976; 41 FR 19638, May 13, 1976] Subpart B-Applications § 100a.15 Applications for grants contracts. or Any applicant eligible for a grant or contract may submit, on or before such cutoff date or dates as the Commissioner may announce in the FEDERAL REGISTER for each fiscal year, an application containing such assurances and pertinent information, and in accordance with such forms, and instructions, as the Commissioner may prescribe. Such applications shall be executed by the applicant or an official or representative of the applicant duly authorized to make such application. (20 U.S.C. 1221c(b)(1); OMB Circular A102.) § 100a.16 Project description. The application shall describe: (a) The nature, duration, purpose, and plan of the proposed project; (b) the qualifications of the project director and of the professional personnel who will be involved in the project; (c) the facilities and resources that will be made available; (d) a justification of the amount of Federal funds requested; (e) the portion of the cost of the project proposed to be contributed by the applicant; (f) a proposed budget; and (g) such other information and assurances as the Commissioner may require. (20 U.S.C. 1221c(b) (1); OMB Circular No. A-102.) § 100a.17 Administrative information. The application shall contain the name of the official authorized to submit the application and the name of the individual or official who will be responsible for carrying out the project. Unless otherwise indicated in the application, the former individual or official will be deemed to be the individual or official to whom communications shall be directed, the individual or official who shall be responsible for the receipt, custody, and |