(b) Administrative charges, fixed charges, and other expenditures must be determined under §§ 75.565-75.567.

(c) Under the programs covered by § 75.563, a grantee other than a State or a local government (as those terms are defined in 34 CFR 74.3) may use(1) An indirect cost rate computed under paragraph (a) of this section; or (2) An indirect cost rate of eight percent unless the Secretary determines that the grantee would have a lower rate under paragraph (a) of this section.

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

§ 75.565 Administrative charge.

(a) As used in § 75.564, "administrative charge" means the cost of an activity that is for the direction and control of the grantee's affairs that are organization-wide. An activity is not organization-wide if it is limited to one activity, one component of the grantee, one subject, one phase of operations, or other single responsibility.

(b) The term includes the cost of performing a service function, such as accounting, payroll preparation, or personnel management, that is normally at the grantee's level even if the function is physically located elsewhere for convenience or better management.

Indirect costs = (Indirect cost rate) × (Total

direct costs of the grant minus any costs for capital outlay, debt service, or election expenses unless the election is required by a program statute)

(b) If a grantee uses an indirect cost rate, the administrative and fixed charges covered by that rate must be excluded by the grantee from the direct costs it charges to the grant. (Authority: 20 U.S.C. 1221e-3(a)(1))

COORDINATION

§ 75.580 Coordination with other activities.

(a) A grantee shall, to the extent possible, coordinate its project with other activities that are in the same geographic area served by the project and that serve similar purposes and target groups.

(b) A grantee whose project includes activities to improve the basic skills of children, youth, or adults shall, to the extent possible, coordinate its project with other basic skills activities that are in the same geographic area served by the project.

(c) For the purposes of this section, "basic skills" means reading, mathematics, and effective communication, both written and oral.

(d) The grantee shall continue its coordination during the project period. (Authority: 20 U.S.C. 1221e-3(a)(1); 2890) 875.581 Methods of coordination.

Depending on the objectives and requirements of its project, a grantee shall use one or more of the following methods of coordination:

(a) Planning the project with organizations and individuals who have similar objectives or concerns.

(b) Sharing information, facilities, staff, services, or other resources.

(c) Engaging in joint activities such as instruction, needs assessment, evaluation, monitoring, and technical assistance or staff training.

(d) Using the grant funds so as not to duplicate or counteract the effects of funds made available under other programs.

(e) Using the grant funds to increase the impact of funds made available under other programs.

(b) A grantee whose grant includes funds for construction.

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

§ 75.601 Applicant's assessment of environmental impact.

An applicant shall include with its application its assessment of the impact of the proposed construction on the quality of the environment in accordance with Section 102(2)(C) of the National Environmental Policy Act of 1969 and Executive Order 11514 (34 FR 4247).

(Authority: 42 U.S.C. 4332(2)(C))

§ 75.602 Preservation of historic sites must be described in the application. (a) An applicant shall describe in its application the relationship of the proposed construction to and probable effect on any district, site, building, structure, or object that is

(1) Included in the National Register of Historic Places; or

(2) Eligible under criteria established by the Secretary of Interior for inclusion in the National Register of Historic Places.

CROSS-REFERENCE. See 36 CFR Part 60 for these criteria.

(b) In deciding whether to make a grant, the Secretary considers

(1) The information provided by the applicant under paragraph (a) of this section; and

(2) Any comments by the Advisory Council on Historic Preservation.

CROSS-REFERENCE. See 36 CFR Part 800, which provides for comments from the Council.

(Authority: 16 U.S.C. 470f)

§ 75.603 Grantee's title to site.

A grantee must have or obtain a full title or other interest in the site, including right of access, that is sufficient to insure the grantee's undisturbed use and possession of the facilities for 50 years or the useful life of the facilities, whichever is longer. (Authority: 20 U.S.C. 1221e-3(a)(1))

§ 75.604 Availability of cost-sharing funds. A grantee shall ensure that sufficient funds are available to meet any

non-Federal share of the cost of constructing the facility.

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

§ 75.605 Beginning the construction.

(a) A grantee shall begin work on construction within a reasonable time after the grant for the construction is made.

(b) Before construction is advertised or placed on the market for bidding, the grantee shall get approval by the Secretary of the final working drawings and specifications.

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

§ 75.606 Completing the construction.

(a) A grantee shall complete its construction within a reasonable time.

(b) The grantee shall complete the construction in accordance with the application and approved drawings and specifications.

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

§ 75.607 General considerations in designing facilities and carrying out construction.

(a) A grantee shall insure that the construction is

(1) Functional;

(2) Economical; and

(3) Not elaborate in design or extravagant in the use of materials, compared with facilities of a similar type constructed in the State or other applicable geographic area.

(b) The grantee shall, in developing plans for the facilities, consider excellence of architecture and design and inclusion of works of art. The grantee may not spend more than one percent of the cost of the project on inclusion of works of art.

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

§ 75.608 Areas in the facilities for cultural activities.

A grantee shall make reasonable provision, consistent with the other uses to be made of the facilities, for areas in the facilities that are adaptable for artistic and other cultural activities.

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

§ 75.609 Comply with safety and health standards.

In planning for and designing facilities, a grantee shall observe

(a) The standards under the Occupational Safety and Health Act of 1970 (Pub. L. 91-576) (See 36 CFR Part 1910); and

(b) State and local codes, to the extent that they are more stringent. (Authority: 29 U.S.C. 651)

§ 75.610 Access by the handicapped.

A grantee shall comply with the Federal regulations on access by the handicapped that apply to construction and alteration of facilities. These regulations are—

(a) For residential facilities-24 CFR Part 40; and

(b) For non-residential facilities-41 CFR Subpart 101-19.6.

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

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

§ 75.614 Grantee must have operational funds.

A grantee shall insure that, when construction is completed, sufficient funds will be available for effective operation and maintenance of the facilities.

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

§ 75.615 Operation and maintenance by the grantee.

A grantee shall operate and maintain the facilities in accordance with applicable Federal, State, and local requirements.

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

§ 75.616 Energy conservation.

(a) To the extent feasible, the grantee shall design and construct facilities to maximize the efficient use of energy and to minimize the use of petroleum and natural gas as energy sources.

(b) Standard 90-75 of the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) is incorporated by reference in this section.

NOTE: Incorporation by reference provisions approved by the Director of the Federal Register on August 25, 1980. Incorporated document is on file at the FEDERAL REGIS

TER.

Copies of ASHRAE 90-75 may be obtained from the Publication Sales Department, American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Inc., 345 East 47th Street, New York, New York 10017.

(c) A grantee shall comply with ASHRAE Standard 90-75 in designing and constructing facilities built with project funds.

(Authority: 42 U.S.C. 8373(b); E.O. No. 12185)

[45 FR 58013, Aug. 29, 1980]

EQUIPMENT AND SUPPLIES

CROSS-REFERENCE. See 34 CFR Part 74,

Subpart O-Property.

93-118 0-87--9

§ 75.618 Charges for use of equipment or supplies.

A grantee may not charge students or school personnel for the ordinary use of equipment or supplies purchased with grant funds.

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

PUBLICATIONS AND COPYRIGHTS

§ 75.620 General conditions on publication.

(a) Content of materials. Subject to any specific requirements that apply to its grant, a grantee may decide the format and content of project materials that it publishes or arranges to have published.

(b) Required Statement. The grantee shall ensure that any publication that contains project materials also contains the following statements:

"The contents of this (insert type of publication; e.g., book, report, film) were developed under a grant from the Department of Education. However, those contents do not necessarily represent the policy of the Department of Education, and you should not assume endorsement by the Federal Government."

(Authority: 20 U.S.C. 1221e-3(a)(1); 20 U.S.C. 3474)

[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, and amended at 45 FR 86297, Dec. 30, 1980]

(a) Any patent application filed by a grantee for an invention made under a grant must include the following statement in the first paragraph:

"The invention described in this application was made under a grant from the Department of Education."

(b) On request, the grantee shall furnish ED with executed instruments prepared by the Federal Government, and other papers that may be necessary, to vest in the Federal Government the rights reserved in accordance with a determination made under 34 CFR Part 8. These instruments and papers enable the Government to apply for and prosecute a patent application, in any country, to cover each invention for which the Federal Government has the right to file an application.

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

[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, and amended at 45 FR 86297, Dec. 30, 1980]

OTHER REQUIREMENTS FOR CERTAIN PROJECTS

CROSS-REFERENCE. See 34 CFR Part 74, Subpart C-Bonding and Insurance.

§ 75.650 Participation of students enrolled in private schools.

If the authorizing statute for a program requires a grantee to provide for participation by students enrolled in private schools, the grantee shall provide a genuine opportunity for equitable participation in accordance with the requirements that apply to subgrantees under 34 CFR 76.650-76.662. (Authority: 20 U.S.C. 1221e-3(a)(1))