penditures, such as the acquisition of data processing or other major items of equipment, and adjustments to reflect changes in the scope of the responsibilities of the applicant. (20 U.S.C. 867b)

[38 FR 21294, Aug. 14, 1973, as amended at 38 FR 30659, Nov. 6, 1973]

§ 129.4 Review and disposition of applications.

(a) Review of applications from local educational agencies. The State planning and evaluation unit shall receive and review all applications from local educational agencies which desire financial assistance under this part. The State planning and evaluation unit shall evaluate all applications against the criteria established pursuant to § 129.2(b)(2) in this part. (20 U.S.C. 867a (a), (d))

(b) Forwarding of applications to the Commissioner. (1) The State educational agency's application for financial assistance under this part and the applications from the local educational agencies within that State shall be submitted together to the Commissioner at such time as he may prescribe.

(2) The State educational agency may establish a final submission date for local educational agency applications to be received by it which may be no more than 60 days prior to the date established by the State for submission by it of applications to the Commissioner pursuant to this section. A local educational agency may submit its application to the State educational agency not more than 90 days prior to the date established by the State for submission by it of applications to the Commissioner pursuant to this section. The State educational agency may have up to these 90 days to act upon all local educational agency applications submitted to it prior to its submission of applications to the Commissioner.

(3) All applications forwarded by the State educational agency shall be accompanied by such evaluative annotations, judgments, and recommendations as the Commissioner may require which will enable him to provide an expeditious review and approval of the applications. Each State educational agency shall recommend local and State educational agency applications which, together, add up to no more than the total apportionment for the State for the applicable fiscal year. (20 U.S.C. 867b (a), 867a(d), 867 (c))

(c) Commissioner's review of local educational agency applications disapproved by a State educational agency. All local educational agency applications, whether the State educational agency recommends them for approval by the Commissioner or disapproves them, must be submitted at the same time to the Commissioner with the comments referred to in paragraph (b) of this section. Prior to submitting any disapproved applications to the Commissioner, the State educational agency shall comply with its own appeal procedures referred to in § 129.2(b) (3): Provided, That these procedures shall not delay the timely submission of applications to the Commissioner pursuant to paragraph (b) of this section. (20 U.S.C. 867a, 867b) § 129.5 Parental participation.

An application shall contain such information as the Commissioner may consider necessary which will indicate that the interested parents have been given reasonable notice and opportunity to express their views on the planning and development of the application, and that such notice and opportunity shall be at least as effective as providing access to the application as drafted, with an announcement in a newspaper of general circulation in the area concerning the availability of such application and of an opportunity to review the application and to express views orally or in writing. (20 U.S.C. 867b(b)(1)) § 129.6 Amendments.

(a) [Reserved]

(b) Approval. Amendments to applications of local educational agencies shall be submitted for review to the State educational agency. Within 30 days after receipt, the State educational agency shall forward the proposed amendment to the Commissioner with recommendations for approval or disapproval. All amendments proposed by State educational agencies to their own applications shall be submitted to the Commissioner for approval. (20 U.S.C. 867a, 867b)

[38 FR 21294, Aug. 14, 1973, as amended at 38 FR 30659, Nov. 6, 1973]

$ 129.20

simplify payment procedures, the Commissioner may, pursuant to a single instrument, transfer funds under this part to a State agency for the purpose of making payments under approved State and local educational agency grants in that State. The State, as agent, shall subsequently transfer such funds in the appropriate amounts and at appropriate times to those local educational agencies having applications approved by the Commissioner in accordance with this part. Such arrangement shall not affect the responsibility or authority of a local educational agency with an approved application with respect to the administration of its project or otherwise alter the duties and responsibilities of the Commissioner which would prevail with respect to the grant in the absence of such arrangement. (20 U.S.C. 867 (c) (3), 867b, 1232d) § 129.20

Reapportionment.

(a) In general. The amount of any State apportionment under this Part for any fiscal year which the Commissioner determines will not be required for such fiscal year shall be available for reapportionment, from time to time, on such dates during the year as the Commissioner may fix, to other States in proportion to the original apportionment to such States under title V-C of the Act for that year, but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum the Commissioner estimates such State and local educational agencies of that State need and will be able to use for such year; and the total of these reductions shall be similarly reapportioned among the States whose proportionate amounts were not reduced.

SO

(b) Statements of anticipated need. In order to provide a basis for reapportionment by the Commissioner under this section, each State educational agency shall, if requested, submit to the Commissioner, by such date or dates as he may specify, a statement or statements showing the anticipated need during the current fiscal year for the amount previously apportioned, or any amount needed to be added thereto. Such further information as the Commissioner may request for the purpose of making reapportionments shall be reflected in such statements. (20 U.S.C. 867)

§ 130.1

Purpose and scope.

The purpose of the regulations in this part is to implement the provisions of the Library Services and Construction Act, as amended, which provides for Federal grants to States to assist them in the establishment, extension, and improvement of public library services in areas of the States which are without such services or in which such services are inadequate; with public library construction; in the establishment, extension, and improvement of such other State library services as library services for physically handicapped, institutionalized, and disadvantaged persons; in strengthening State library administrative agencies; and in promoting inter

"Act" means the Library Services and Construction Act, as amended by section 2 of the Library Services and Construction Amendments of 1970.

(Pub. L. 91-600, 20 U.S.C. 351)

"Construction" includes construction of new buildings and acquisition, expansion, remodeling, and alteration of existing buildings, and initial equipment of any such buildings, or any combination of such activities (including architects' fees and the cost of acquisition of land). (20 U.S.C. 351a(2))

"Disadvantaged persons" means persons who have educational, socioeconomic, cultural, or other disadvantages that prevent them from receiving the benefits of library services designed for persons without such disadvantages and who for that reason require specially designed library services. The term includes persons whose needs for such special services result from poverty, neglect, delinquency, or cultural or linguistic isolation from the community at large, but does not include physically or other handicapped persons unless such persons also suffer from the disadvantages described in this paragraph.

(20 U.S.C. 351)

90-004-76-32

terstate cooperative library networks which will provide for the systematic and effective coordination of the resources of school, public, academic and special libraries and information centers for improved supplementary services for the special clientele served by each type of library or center. Such networks may be designed to serve a community, metropolitan area, or region within a State, or may serve a statewide or multistate area and shall consist of two or more types of libraries.

(20 U.S.C. 355e-1)

"Library materials" means books, periodicals, newspapers, documents, pamphlets, photographs, reproductions, microforms, pictorial or graphic works, musical scores, maps, charts, globes, sound recordings, slides, films, filmstrips, processed video and magnetic tapes, printed, published, and audiovisual materials, nonconventional materials designed specifically for the handicapped, and other materials of a similar nature. (20 U.S.C. 351)

"Library service" means the performance of all activities of a library relating to the collection and organization of library materials and making the materials and infromation of a library available to the public or a special clientele. (20 U.S.C. 351a(3))

"Library services for the physically handicapped" means the providing of library services, through public or other nonprofit libraries, agencies, or organizations, to physically handicapped persons (including the blind and other visually handicapped) certified by competent authority as unable to read or to use conventional printed materials as a result of physical limitations.

(20 U.S.C. 351a (4))

"Public library":

(a) The term means a library that serves free of charge all residents of a community, district, or region without discrimination and receives its financial support in whole or in part from public funds.

(b) The term includes (with respect to appropriations for fiscal years beginning after June 30, 1973) a research library; which, for the purposes of this sentence, means a library which

(1) Makes its services available to the public free of charge;

(2) Has extensive collections of books, manuscripts, and other materials suitable for scholarly research which are not available to the public through public libraries;

(3) Engages in the dissemination of humanistic knowledge through services to readers, fellowships, educational and cultural programs, publication of significant research, and other activities; and

(4) Is not an integral part of an institution of higher education. (c) The term does not include libraries such as law, medical, school, and academic libraries, which are organized to serve a special clientele or purpose.

(20 U.S.C. 351a(5))

"Public library services" means library services which are provided by or on behalf of a public library free of charge. The term does not include those library services that are properly the responsibility of the schools.

(20 U.S.C. 351a(6))

"State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, or the Trust Territory of the Pacific Islands.

(20 U.S.C. 351a(7))

"State institutional library services" means the providing of books and other library materials, and of library services, to (a) inmates, patients, or residents of penal institutions, reformatories, residential training schools, orphanages, or general or special institutions or hospitals operated or substantially supported by the State, or (b) students in residential schools for the physically handicapped (including mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, crippled, or other health-impaired persons who by reasons thereof require special education) operated or substantially supported by the State.

(20 U.S.C. 351a (9))

"State library administrative agency" or "State agency" means the official agency of a State charged by the law of that State with the extension and development of public library services throughout the State, which has adequate authority under the law of the State to administer State plans in accordance with the provisions of the Act. (20 U.S.C. 351a (10))

§ 130.4 Library services.

Funds appropriated under section 4(a) (1) of the Act (20 U.S.C. 351b(a) (1)) and allotted to States for the purposes of section 101 of the title I of the Act (20 U.S.C. 352) shall, except as provided in § 130.7, be used solely for paying the Federal share of the cost of the following activities pursuant to the State plan submitted under Subpart B of this part:

(a) Planning for, and taking other steps leading to the development of, programs and projects described in paragraph (b) of this section;

(b) Programs and projects designed to extend and improve library services, including:

(1) Establishing, expanding, and operating programs and projects to provide:

(i) Library services for the disadvantaged in urban and rural areas;

(ii) Library services to the physically handicapped (as defined in § 130.3);

(iii) State institutional library services (as defined in § 130.3); and

(iv) Library services to areas of high concentration of persons of limited English-speaking ability.

(2) Extending public library services to geographical areas and groups of persons without such services;

(3) Improving such services in such areas and for such groups as may have inadequate public library services; and

(4) Strengthening metropolitan public libraries which serve as national or regional resource centers.

(20 U.S.C. 352, 353(a))

[39 FR 41711, Dec. 2, 1974, as amended at 40 FR 25013, June 12, 1975]

§ 130.5 Public library construction.

(a) General. Funds appropriated under section 4(a) (2) of the Act (20 U.S.C. 351b(a)(2)) and allotted to States for the purposes of section 201 of title II of the Act (20 U.S.C. 355a) may be used solely for the purpose of paying the Federal share of the cost of public library construction projects which are approved by the State agency, are consistent with the State's long range programs submitted in accordance with § 130.19, which will result in a usable public library building pursuant to the State plan under Subpart B of this part.

(b) Terms and conditions with respect to construction. The State agency shall assure that the provisions of Subpart K of part 100b of this chapter will be com