§ 75.116 Demonstrate capability; include evaluation of completed project.

(a) An application must include information to demonstrate the applicant's capability to

(1) Conduct the project; and

(2) Meet the needs of the persons (if any) that the applicant plans to serve with the project.

(b) If an applicant wants a grant for a new project that furthers the objectives of a project already completed by the applicant, the applicant shall include any existing evaluation of the completed project.

(Authority: 20 U.S.C. 1221e-3(a)(1))

§ 75.117 Information needed for a multiyear project.

An applicant that proposes a multiyear project shall include in its application

(a) Information that shows why a multi-year project is needed;

(b) A budget for the first budget period of the project; and

(c) An estimate of the Federal funds needed for each budget period of the project after the first budget period. (Authority: 20 U.S.C. 1221e-3(a)(1)) 875.118 Application for a continuation award.

(a) An applicant shall comply with paragraph (b) of this section if—

(1) The applicant wants funds to continue a project already approved on a multi-year basis;

(2) The applicant is about to complete one or more of the budget periods; and

(3) The budget period for which the applicant wants a continuation award is within the approved project period. (b) An applicant for a continuation award shall submit the following:

(1) A revised face page (standard form 424) and revisions to any other affected pages of the approved application.

(2) A budget that covers the next budget period, and an estimate of the amount of funds that will remain unobligated at the end of the current budget period.

(3) An estimate of the Federal funds needed for each budget period that comes after the next budget period.

(c) The Secretary may also require the applicant to submit a report of project accomplishments to date.

(Authority: 20 U.S.C. 1221e-3(a)(1))

CROSS-REFERENCE. See § 75.117 Information needed for a multi-year project, and §§ 75.250-75.253 Approval of multi-year projects.

NOTE: Other sections in this part may require an applicant to put information in its application. However, these sections are not included here because they either

(1) Apply only to a limited number of programs; or

(2) Apply only under specified circumstances.

A list of these sections follows:

§ 75.128 Who acts as applicant; the group agreement.

§ 75.141 Certify that open meeting was held.

§ 75.151 When an applicant under § 75.150 must submit its application to the State; proof of submission.

§ 75.156 When an applicant under § 75.155 must submit its application to the State; proof of submission.

§ 75.160 Procedures for State approval of or comment on preapplications.

§ 75.172 Applicant shall show compliance with A-95 procedures.

§ 75.192 Dissemination.

§ 75.601 Applicant's assessment of environmental impact.

§ 75.602 Preservation of historic sites must be described in the application.

§ 75.119 Information needed if private school students participate.

If a program requires the applicant to provide an opportunity for participation of students enrolled in private schools, the application must include the information required of subgrantees under 34 CFR 76.656.

(Authority: 20 U.S.C. 1221e-3(a)(1))

JOINT FUNDING SIMPLIFICATION

PROCEDURES

§ 75.124 Applications and preapplications under the Joint Funding Simplification Act.

(a) The Joint Funding Simplification Act permits a State or local government or nonprofit organization to seek Federal funds from more than one program in a single application. An applicant shall use the Joint Funding Simplification Act procedures specified in this section if the applicant

wants a grant that is funded in part from one Department direct grant program and funded in part from

(1) One or more other Department direct grant programs;

(2) One or more other Federal agencies; or

(3) One or more State agencies.

(b) An applicant for a grant under this Act shall comply with the requirements in OMB Circular A-111 and the supplemental procedures in this part. The OMB circular was published in the FEDERAL REGISTER on July 30, 1976 (41 FR 32040). An applicant may obtain a copy of this circular by addressing its request to: Joint Funding Information, Director, Division of Regulations Management, Room 2129, 400 Maryland Avenue, S.W., Washington, D.C. 20202.

(c) The supplemental procedures in this part are in—

(1) Section 75.125;

(2) Section 75.219(b);

(3) Section 75.221;

(4) Section 75.250(b);
(5) Section 75.254; and
(6) Section 75.721.

(d) An applicant for a grant under the Joint Funding Simplification Act does not have to comply with any deadline date for applications or preapplications under a Department program from which the applicant seeks funds. However, the Secretary does not reserve any program funds for jointly funded grants. For this reason, the Secretary encourages an applicant for a jointly funded grant to apply before the fiscal year in which the grant is to be made or at least before the deadline for applications under the program for that fiscal year. (Authority: 42 U.S.C. 4252(a))

SEPARATE APPLICATIONS-ALTERNATIVE

PROGRAMS

§ 75.125 Submit a separate application to each program; exception under the Joint Funding Simplification Act.

(a) An applicant shall submit a separate application to each program under which it wants a grant.

(b) If an applicant wants a grant under the Joint Funding Simplification Act, the applicant shall submit a

(2) Consortium.

(3) Joint applicants.

(4) Cooperative arrangements. (Authority: 20 U.S.C. 1221e-3(a)(1))

§ 75.128 Who acts as applicant; the group agreement.

(a) If a group of eligible parties applies for a grant, the members of the group shall either—

(1) Designate one member of the group to apply for the grant; or

(2) Establish a separate, eligible legal entity to apply for the grant.

(b) The members of the group shall enter into an agreement that—

(1) Details the activities that each member of the group plans to perform; and

(2) Binds each member of the group to every statement and assurance made by the applicant in the application.

(c) The applicant shall submit the agreement with its application. (Authority: 20 U.S.C. 1221e-3(a)(1))

§ 75.129 Legal responsibilities of each member of the group.

(a) If the Secretary makes a grant to a group of eligible applicants, the applicant for the group is the grantee and is legally responsible for—

(1) The use of all grant funds; and (2) Ensuring that the project is carried out by the group in accordance with Federal requirements.

(b) Each member of the group is legally responsible to

(1) Carry out the activities it agrees to perform; and

(2) Use the funds that it receives under the agreement in accordance with Federal requirements that apply to the grant.

(Authority: 20 U.S.C. 1221e-3(a)(1))

$75.131 Consideration of a preapplication.

The Secretary is required to consider a preapplication if—

(a) The applicant complies with the procedural rules that govern submission of the preapplication; and

(b) (1) The preapplication is submitted in response to an application notice that invites or requires preapplications; or

(2) The preapplication is submitted by a government, as defined in 34 CFR 74.3.

CROSS-REFERENCE. See Subpart N of 34 CFR Part 74.

(Authority: 20 U.S.C. 1221e-3(a)(1))

875.132 The effect of not submitting a preapplication.

(a) If the Secretary invites but does not require preapplications under a program, an applicant may apply for a grant under the program even if the applicant did not preapply.

(b) If the Secretary requires preapplications under a program and an applicant does not preapply, the appli

cant may not apply for a grant under the program.

(Authority: 20 U.S.C. 1221e-3(a)(1))

§ 75.133 Result of a preapplication.

(a) If an applicant submits a preapplication under a program, the Secretary

(1) Informs the applicant that it is eligible and encourages it to apply for a grant under the program;

(2) Informs the applicant that it is eligible but does not encourage it to apply for a grant under the program;

or

(3) Informs the applicant that it is ineligible for assistance under the program, and explains why the applicant is ineligible.

(b) An applicant may apply under a program even if the Secretary does not encourage it to apply.

(Authority: 20 U.S.C. 1221e-3(a)(1))

CROSS-REFERENCE. See § 75.216 Returning an application to an applicant.

§ 75.134 The basis for the preapplication decision.

To decide whether to encourage a preapplicant to apply, the Secretary uses the same criteria that the Secretary uses to select an applicant for a grant. (See §§ 75.200-75.206 for a description of how selection criteria work.)

(Authority: 20 U.S.C. 1221e-3(a)(1))

OPEN MEETING CERTIFICATION UNDER CERTAIN ESEA PROGRAMS

§ 75.138 Open meetings; purpose of §§ 75.139-75.141.

(a) Sections 75.139-75.141 implement Section 1006 of the Elementary and Secondary Education Act of 1965 (ESEA), as amended.

(b) Section 1006 requires a local educational agency that submits an application under certain ESEA programs to certify that it has held an open meeting regarding the contents of the application.

(c) Section 1006 applies to each ESEA program listed in § 75.1. (Authority: 20 U.S.C. 887e)

§ 75.139 The local educational agency shall hold an open meeting.

(a) If a local educational agency applies for a grant under an ESEA program listed in § 75.1, the agency shall hold at least one meeting open to the public.

(b) The agency shall inform the people who attend the meeting of—

(1) The ESEA program under which the agency wants a grant;

(2) The kinds of activities that are authorized under the statute and the program regulations; and

(3) The activities for which the agency wants the grant.

(c) The agency shall give each person who attends the meeting an opportunity to comment or make recommendations on the agency's proposed activities.

(Authority: 20 U.S.C. 887e)

§ 75.140 Give notice of the open meeting; make information available.

(a) If a local educational agency must hold an open meeting under § 75.139, the agency shall give notice of the time, place, and purpose of the meeting.

(b) The agency shall give notice that

(1) Is likely to reach the general public in the area served by the project; and

(2) Gives the public time to prepare for the meeting.

(c) The agency shall take steps to ensure that persons who are members of groups that have been traditionally underrepresented receive the notice required by paragraph (b)(1) of this section, and that these persons are encouraged to participate in the meeting. These persons include

(1) Members of racial or ethnic minority groups;

(2) Women;

(3) Handicapped persons; and (4) The elderly.

(d) If students enrolled in private schools may participate under the program, the agency shall take steps to ensure that appropriate representatives of those children receive notice of and are encouraged to participate in the meeting.

(e) The agency shall make the following material available for inspection by the public at least 24 hours before the open meeting begins:

(1) An outline of the information described in § 75.139(b).

(2) A draft copy of the agency's application, if the application has been prepared.

(Authority: 20 U.S.C. 887e)

§ 75.141 Certify that open meeting was held.

If a local educational agency must hold an open meeting under § 75.139, the agency shall certify in its application that

(a) The agency held at least one open meeting under § 75.139;

(b) The agency gave notice of each open meeting in accordance with § 75.140 (a) and (b);

(c) The agency made information available in accordance with § 75.140(c)-(e);

(d) The agency gave meaningful consideration to any comments or recommendations that it received at each open meeting; and

(e) The agency amended its application, as appropriate, in light of those comments and recommendations.

(Authority: 20 U.S.C. 887e)

STATE APPROVAL PROCEDURES

§ 75.150 Review procedure if State must approve applications; purpose of §§ 75.151-75.153.

If the authorizing statute for a program requires the State to approve each application, the State and the applicant shall use the procedures in §§ 75.151-75.153.

(Authority: 20 U.S.C. 1221e-3(a)(1))

CROSS-REFERENCE. See § 75.160 Procedures for State approval of or comment on preap plications; and § 75.733 Records related to State approval of applications.

§ 75.151 When an applicant under § 75.150 must submit its application to the State; proof of submission.

(a) Each applicant under a program covered by $75.150 of this part shall submit a copy of its application to the State at least 15 days before the dead

line date for submitting the application to the Department.

(b) The applicant shall attach to its application a copy of its letter that requests the State to approve the application.

(Authority: 20 U.S.C. 1221e-3(a)(1))

§ 75.152 The State reviews each application.

Each State that receives an application under § 75.151 of this part shall review the application to decide if the State wishes to approve or disapprove the application.

(Authority: 20 U.S.C. 1221e-3(a)(1))

§ 75.153 Deadlines for State approval.

(a)(1) The Secretary may publish in the FEDERAL REGISTER a notice that establishes a deadline date for receipt of State approvals of new grant applications under a program covered by § 75.150.

(2) The Secretary may establish a deadline a date for the receipt of State approvals of continuation award applications under a program covered by § 75.150 by

(i) Notifying each State of the deadline for its approval; or

(ii) Publishing a notice of the deadline in the FEDERAL REGISTER.

(b) If a State approves an application, the appropriate State official shall

(1) Sign a statement that approves the application; and

(2) Submit the application and the statement by the deadline date for State approvals. The procedures in § 75.102(c) (how to meet a deadline date) apply to this submission.

(Authority: 20 U.S.C. 1221e-3(a)(1))

[45 FR 22497, Apr. 3, 1980, as amended at 51 FR 20824, June 9, 1986]

§ 75.154 Effect of State approval; failure to approve.

(a) If a State approves an application on or before the deadline date for State approval, the Secretary may select that project for a grant.

(b) If a State does not approve an application on or before the deadline date for State approval, the Secretary does not select that project for a grant.

(Authority: 20 U.S.C. 1221e-3(a)(1))

STATE COMMENT PROCEDURES

§ 75.155 Review procedure if State may comment on applications: Purpose of §§ 75.156-75.158.

If the authorizing statute or implementing regulations for a program require that a State be given an opportunity to comment on each application, the State and the applicant shall use the procedures in §§ 75.156-75.158. (Authority: 20 U.S.C. 1221e-3(a)(1))

§ 75.156 When an applicant under § 75.155 must submit its application to the State; proof of submission.

(a) Each applicant under a program covered by § 75.155 shall submit a copy of its application to the State on or before the deadline date for submitting its application to the Department. (b) The applicant shall attach to its application a copy of its letter that requests the State to comment on the application.

(Authority: 20 U.S.C. 1221e-3(a)(1))

§ 75.157 The State reviews each application.

A State that receives an application under § 75.156 may review and comment on the application.

(Authority: 20 U.S.C. 1221e-3(a)(1))

§ 75.158 Deadlines for State comments.

(a) The Secretary may establish a deadline date for receipt of State comments on applications.

(b) The State shall make its comments in a written statement signed by an appropriate State official.

(c) The appropriate State official shall submit comments to the Secretary by the deadline date for State comments. The procedures in § 75.102 (b) and (d) (how to meet a deadline) of this part apply to this submission. (Authority: 20 U.S.C. 1221e-3(a)(1))

§ 75.159 Effect of State comments or failure to comment.

(a) The Secretary considers those comments of the State that relate to(1) Any selection criterion that applies under the program; or