DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE NOTE: This volume, revised as of April 1, 1974, includes corrections published at 39 FR 17104, May 13, 1974. Part SUBCHAPTER A-GENERAL PROVISIONS FOR OFFICE OF EDUCATION 100 General. PROGAMS 100a Direct project grant and contract programs. 100b State-administered programs. 100c Indirect costs under certain programs. Appendix A-General grant terms and conditions-U.S. Office of Education. Appendix B-Cost principles for State and local governments. Appendix C-Cost principles for educational institutions. Appendix D-Cost principles for nonprofit institutions. 101 102 103 107 111 112 113 114 115 116 117 SUBCHAPTER B-PROGRAM REGULATIONS Administrative procedure. State vocational education programs. Research and training, exemplary, and curriculum development programs in vocational education. Federal financial assistance for planning and evaluation. Hearings in connection with school construction and financial assistance in Federally impacted areas. Financial assistance for construction of public elementary and secondary schools affected by certain disasters. Financial assistance for current school expenditures of local educational agencies affected by certain disasters. Federal assistance under Public Law 815, 81st Congress, as amended, in construction of minimum school facilities in areas affected by Federal activities. Financial assistance for current expenditures of local educational agencies in areas affected by Federal activities and arrangements for free public education of certain children residing on Federal property. Financial assistance to meet the special educational needs of educationally deprived children. Financial assistance for school library resources, textbooks, and other instructional materials. 5 Part 118 119 121 123 124 129 130 131 132 141 142 143 145 146 147 150 151 155 158 160 166 167 170 171 173 174 175 176 177 178 Supplementary centers and services; guidance, counseling, and testing programs. Federal financial assistance for strengthening State departments of edu cation. Programs for the education of handicapped children. Financial assistance for demonstration projects for reducing the number of Comprehensive educational planning and evaluation. Library services, public library construction, and interlibrary cooperation. College library resources program under Title 11-A, Higher Education Act of 1965, as amended. Grants for training in librarianship. Financial assistance for strengthening instruction in academic subjects in public schools. Loans to private non-profit schools for strengthening instruction in academic subjects. [Reserved] National defense student loan program. National defense graduate fellowship program. National defense foreign language fellowships. Procedures and criteria for resolving questions involving moral character Federal financial assistance for research and research related activities in the Upward Bound. Follow through program. Training program under Manpower Development and Training Act of 1962. State adult education programs. Special projects and teacher training in adult education. Financial assistance for construction of higher education facilities. Financial assistance for acquisition of equipment to improve undergraduate instruction in institutions of higher education. Financial assistance for community service and continuing education programs. Education professions development. College work-study program. Supplemental educational opportunity grant programs. Federal, State, and private programs of low-interest loans to vocational students and students in institutions of higher education. Federal, State, and private programs of low-interest loans and direct federal loans to vocational students. 186 187 188 189 190 Indian Elementary and Secondary School Assistance Act. Financial assistance for the improvement of educational facilities for Indian children. Financial assistance for the improvement of educational opportunities for adult Indians. Veterans' cost-of-instruction payments to institutions of higher learning. Basic education opportunities grant program. SUBCHAPTER A-GENERAL PROVISIONS FOR OFFICE OF EDUCATION PROGRAMS 1 § 100.1 Part 100-GENERAL As used in this chapter (except as otherwise defined by an applicable statute or regulation): "Acquisition" means assumption of ownership (including the receipt of gifts) and necessary delivery, and includes purchase, lease, or lease-purchase. "Applicant" means an eligible party seeking Federal financial assistance. The term includes an offeror for a contract, as well as an applicant for a grant. "Application" means applications for grants and offers from eligible parties to enter into contracts with the Federal Government. "Budget period" means the interval of time into which an approved activity is divided for budgetary purposes. "Commissioner" means the U.S. Commissioner of Education. "Department" means the U.S. Department of Health, Education, and Welfare. "Elementary school" means a day or residential school which provides elementary education, as determined under State law, and "Elementary school level" means the educational level at which elementary education is provided, as determined under State law. "Equipment" includes machinery and includes all other items of tangible personal property necessary for the functioning of a particular facility as a facility for the provision of educational and related services, including items such as instructional equipment and necessary furniture, printed, published, and audio 138 FR 30661, Nov. 6, 1973. visual instructional materials, and books, periodicals, documents, and other related materials. Equipment does not include "supplies" (as defined in this section). "Expendable personal property" means all tangible personal property other than nonexpendable personal property (as defined in this section). "Fiscal year" means a period beginning on July 1 and ending on the following June 30. (A fiscal year is designated in accordance with the calendar year in which the ending date of the fiscal year occurs.) "GEPA" means the General Education Provisions Act, title IV of Public Law 90247, as amended. "Grant period" means the period during which costs may be charged against a grant. "Materials" means those items which with reasonable care and use may be expected to last for more than 1 year and are suitable for and are to be used in providing instruction under approved activities receiving Federal assistance. The term includes such items as audio and video tapes; discs; slides and transparencies; films and filmstrips; books; models and mockups; pamphlets; periodicals for indefinite retention in reference collections, and other printed and published materials such as maps, globes, and charts. The term does not include such items as textbooks or chemicals, glassware and other supplies which are consumed in use. "Minor remodeling" means minor alterations in a previously completed building which are needed to make effective use of equipment or personnel. The term may also include the extension of utility lines, such as water and electricity, from points beyond the confines of the spaces in which the minor remodeling is undertaken but within the confines of such previously completed building. The term does not include building construction, structural alterations to buildings, building maintenance, or repair. "Nonexpendable personal property" means tangible personal property, including equipment, having a useful life of more than 1 year and an acquisition cost of $300 or more per unit. "Nonprofit," as applied to a school, agency, organization, or institution, means a school, agency, organization, or înstitution owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual. "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. (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 pri |