(3) Evidence is provided which demonstrates past success of graduates, if any, from the program in achieving leadership and management positions in public service careers (5 points).

(4) Institutional resources such as facilities, equipment, and libraries are adequate to support the program (5 points).

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(5) The multidisciplinary ground, education, research interests, and experiences of the faculty qualify them to plan and implement a successful program of public service education (15 points).

(6) The director of the program has clear responsibilities and sufficient time to devote to the program (5 points).

(7) The academic requirements are sufficient to support a high quality program (10 points).

(8) The program offers opportunities for relevant, supervised practicum and internship experiences (10 points).

(9) The program establishes arrangements with government agencies or other nonprofit agencies for such activities as program development, personnel exchange, and field work (10 points).

(10) The program will involve other graduate units of the institution in supportive or cooperative efforts of practical benefit to public service education (5 points).

(11) The program is especially imaginative or innovative and gives promise of leading to significant improvement in public service education (5 points).

(12) The program is designed to prepare persons for entry into leadership and management positions in local or State government and non-profit community service agency administration or in intergovernmental relations for which a master's degree is generally the educational level required (10 points).

(20 U.S.C. 1134k (1), (2); 1134j(4))

§ 194.31 Application requirements.

Each application for a fellowship allocation by an institution of higher education must describe the institution's public service education program. The description should address each of the criteria set forth in

§ 194.30. In addition, the application must:

(a) Describe the relation of the graduate or professional program of public service education to any program activity, research or development set forth by the applicant in an application, if any, submitted pursuant to section 901(a)(2) of the Act;

(b) Contain satisfactory assurance that:

(1) The institution will recommend to the Commissioner, for the award of fellowships under this part, for study in such program, only persons of superior promise who have demonstrated to the satisfaction of the institution a serious intent to enter or continue in the public service upon completing the program; and

(2) The institution will make continuing efforts to encourage recipients of fellowships under this part, enrolled in the program, to enter or continue in the public service upon completing the program.

(20 U.S.C. 1134k (3), (4))

§ 194.32 Records and reports.

Each institution of higher education which receives an allocation of fellowships under this part, and each individual who is awarded a fellowship, shall keep records and submit reports which are required by the Commissioner. these reports shall include a certificate from an appropriate official at the institution of higher education, library, archive, or other research center whose program is approved by the Commissioner, stating that the fellow is making satisfactory progress in, and is devoting essentially full time to, the program for which the fellowship was awarded.

§ 196.1 Definitions.

As used in this part:

(a) "Act" means the Higher Education Act of 1965, as amended.

(b) "Domestic Mining" is defined as the means by which mineral and mineral fuel resources of the United States are extracted from the earth.

(c) "Fellow" means a person to whom the Commissioner awards a fellowship under this part.

(d) "Fellowship" means an award by the Commissioner under this part.

(e) "Institution of higher education" is defined in Section 1201(a) of the Higher Education Act of 1965, as amended (20 U.S.C. 1141(a)).

(f) "Mineral and Mineral Fuel Conservation" is defined as the means by which an adequate supply of the Nation's non-renewable resources is maintained, either through exploration for new sources, more efficient extraction of existing reserves, or better utilization of already processed minerals and mineral fuels.

(20 U.S.C. 1134n)

§ 196.2 Purpose.

It is the purpose of this program to provide fellowships to assist graduate students of exceptional ability who demonstrate a financial need for advanced study in domestic mining and mineral and mineral fuel conservation including oil, gas, coal, oil shale and uranium.

(20 U.S.C. 1134n(a))

§ 196.3 Award procedures.

Fellowships will be allocated to institutions of higher education which apply for a fellowship allocation and which offer a graduate program leading to an advanced or professional degree in the field of domestic mining or mineral and mineral fuel conservation on the basis of the criteria set forth in § 196.10. Institutions receiving such an allocation shall recommend eligible students to the Commissioner for fellowship award.

(20 U.S.C. 1134n(b)(1); 1134(c)) § 196.4 Types of fellowships.

The types of fellowships that will be awarded under this part are as follows:

(a) Fellowships for individuals for graduate study leading to an advanced or professional degree in a field of domestic mining or mineral and mineral fuel conservation.

(1) These fellowships will be awarded to individuals who have been accepted for graduate study at an institution of higher education that has received a fellowship allocation under this part.

(2) The fellowships will be allocated each year to institutions of higher education and will consist of two categories: new fellowships and continuation fellowships. Continuation fellowships will only be awarded to individuals who previously received an award under this part and who are continuing their study leading to an advanced or professional degree.

(3) An individual may receive assistance under this part for up to 36 months, except that the Commissioner may award a fellowship for an additional 12 month period to allow a student who has completed all course work and comprehensive examinations (if any) to complete the doctoral dissertation.

(b) Doctoral dissertation fellowships. These fellowships are one-year fellowships for persons who have completed all course work required for granting a doctoral degree or an equivalent degree (except such course work credited on the dissertation) and comprehensive examinations where appropriate, and whose doctoral dissertation (or other equivalent dissertation) pro

posal has been approved by appropriate officials of an institution of higher education that has received a fellowship allocation for this purpose.

(c)(1) A fellow may take a leave of absence for a period up to 12 months for the purpose of work, travel, or independent study away from the campus, if (i) the leave of absence is approved by the institution at which the fellow is enrolled and by the Commissioner; and (ii) the independent study is supportive of the fellow's academic program.

(2) The Commissioner shall make no payments to the fellow or the institution during this period. The fellowship is not vacated during this period and no reaward of the fellowship to another student may be made.

(20 U.S.C. 1134n(c); 1134n(d); 11340)

§ 196.5 Eligibility for fellowships.

Recipients of fellowships under this part must:

(a) Be of exceptional ability, as determined by the institution of higher education;

(b) Demonstrate financial need, as institution determined by the of higher education under the criteria set forth in § 196.13; and

(c) Be a national of the United States or be in the United States for other than a temporary purpose and intend to become a permanent resident thereof, or be a permanent resident of the Trust Territory of the Pacific Islands.

(20 U.S.C. 1134n(a)(1))

§ 196.6 Fellowship conditions.

In order to continue receiving payments under the provisions of this part, a fellow must:

(a) Maintain satisfactory proficiency in the approved program in which he or she is registered;

(b) Continue to devote full-time to study or research in the field in which the fellowship was awarded; and

(c) Not engage in gainful employment during the period of the fellowship tenure, except in an internship or research activity under faculty supervision in the field in which he or she is studying.

(20 U.S.C. 1134q(a))

§ 196.7 Stipend.

(a) The stipend to which a fellow is entitled will be $3,900 for an academic year consisting of twelve months.

(b) A fellow who is enrolled in the program of study for less than twelve months shall only be entitled to receive a pro rata share of the annual entitlement. For purposes of this section, a fellow who is enrolled in the program for the entire academic year (including summer sessions) at an institution of higher education shall be considered to be enrolled in the program for the full twelve months. (20 U.S.C. 1134p(a))

§ 196.8 [Reserved]

§ 196.9 Institutional allowance.

The institution of higher education at which the fellow is pursuing his or her course of study shall be paid $3,900 per twelve month period, except that any amount charged to and collected from the fellow by the institution for tuition and other expenses required by the institution as part of the fellow's instructional program shall be deducted from this amount. If the fellow is enrolled for less than 12 months, the institution will be paid a pro rata share of this amount. (20 U.S.C. 1134p(b))

§ 196.10 Criteria for allocating fellowships to institutions of higher education. The allocation of fellowships among institutions of higher education which apply for participation in this program and which offer a graduate program leading to an advanced or professional degree in the field of domestic mining or mineral and mineral fuel conservation will be based on the following criteria:

(a) Highest priority will be given to allocate fellowships to institutions of higher education where the fellowships will be used to support fellows who are currently receiving assistance under this part or who are returning from an approved leave of absence (see § 196.4(c)) if there is evidence that these individuals have made satisfactory progress toward completing their course of study during the time when

they are (or were) enrolled at the institution.

(b) The remaining fellowships will be allocated among institutions of higher education based on the degree (calculated according to the maximum point scores as shown) to which there is demonstrated evidence that the educational program at that institution:

(1) Is designed to address one or both of the following national needs (25 points):

(i) The need for trained individuals to improve the technologies for the efficient extraction and processing of nonrenewable mineral and mineral fuels including the development of improved systems of underground, underwater, and surface mining techniques, improved methods to protect the health and safety of people working in extraction and processing operations, and improved methods to protect and restore the environment in extraction and processing operations;

(ii) The need for training individuals to develop ways to ensure the availability of non-renewable minerals and mineral fuels through improved exploration or discovery techniques, optimum recovery of existing mineral and mineral fuel reserves, improved utilization of processed minerals and mineral fuels through recycling technology, and improved understanding of mineral economics;

(2) Is of high quality in terms of course offerings (20 points);

(3) Leads to immediate career opportunities in domestic mining and mineral and mineral fuels industries, including careers in teaching in those subject areas at institutions of higher education (5 points);

(4) Offers an opportunity for relevant supervised practicum, internship, or field experience (5 points);

(5) Has a program director and teaching staff which have the education, background, research interests, and experience to plan and implement a successful program of domestic mining and mineral and mineral fuel conservation education (20 points);

(6) Has the necessary institutional resources (facilities, equipment, library, etc.) to meet program objectives (20 points); and

(7) Has developed procedures to measure the effectiveness of the program (5 points).

(20 U.S.C. 1134n(c))

§ 196.11 Reaward of vacated fellowships.

If a fellowship is vacated prior to the end of a period for which it was awarded, the institution to which the fellowship is allocated may recommend to the Commissioner another individual to receive the fellowship. This individual must meet all the eligibility requirements set forth in § 196.5. The duration of a reawarded fellowship shall be for a period of graduate or professional work or research not in excess of the remainder of the period for which the fellowship it replaces was awarded.

(20 U.S.C. 1134n(b)(2))

§ 196.12 Payment procedures.

(a) The Commissioner will pay to the approved institution of higher education the stipend and institutional allowance (calculated pursuant to §§ 196.7 and 196.9) for each fellowship allocated to that institution. The institution of higher education is responsible for disbursing all funds due the recipient.

(b) The timing of payments to fellows will be left to the discretion of each institution of higher education, although no fewer than two payments a year shall be made. Institutions are responsible for recovery of excess payments made to students who, for any reason, fail to complete the academic year for which they are registered.

(20 U.S.C. 1134p)

§ 196.13 Criteria for determining financial need.

In determining whether a student has financial need for the purposes of this fellowship program, the institution must consider the student's projected costs for the year including tuition, fees, books, materials, and supplies, plus other reasonable costs that a student might have for room and board in comparison with the student's resources (including available income and contribution from available assets).

(20 U.S.C. 1134n(a))

§ 196.14 Records and reports.

Each institution of higher education which receives an allocation of fellowships under this part, and each individual who is awarded a fellowship shall keep such records and submit such reports as are required by the Commissioner. Such reports shall include a certificate from an appropriate official at the institution of higher

education, library, achive, or other research center approved by the Commissioner, stating that the fellow is making satisfactory progress in and is devoting essentially full time to the program for which the fellowship was awarded.

(20 U.S.C. 1134q(b))

PARTS 197-199 [Reserved]