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(i) Spanish-speaking people;

(ii) Individuals living in rural areas, whose needs are for the most part unserved by other institutions of higher education; or

(iii) Individuals whose income is below the poverty level established by the United States Bureau of the Census (low-income individuals); or

(3) The institution has traditionally served substantial numbers of black students.

(b)(1) For purposes of paragraph (a)(1) of this section generally the Secretary considers "near"

to mean

within 50 miles. However, the Secretary reserves the right to consider each distance between an institution and an Indian reservation on a caseby-case basis, according to reasons stated by the applicant in its request for a waiver; and

(2) For the purposes of paragraph (a)(2)(ii) of this section "rural area" means an area that is not included in a standard metropolitan statistical area as defined by the United States Bureau of the Census.

(c) An institution requesting a waiver under this section shall submit to the Secretary a written statement that includes sufficient information and explanations as to why the Secretary should grant the waiver. (Authority: 20 U.S.C. 1067)

§ 624.4 Eligible grantees.

The Secretary awards a grant under the Institutional Aid Programs to

(a) An institution the Secretary has designated as eligible; or

(b) Under the Strengthening Program or the Special Needs Program, two or more eligible institutions under a cooperative arrangement.

(Authority: 20 U.S.C. 1057, 1060, 1064 and 1069)

§ 624.5 Regulations that apply to the Institutional Aid Programs.

The following regulations apply to the Institutional Aid Programs:

(a) The Education Department General Administrative Regulations (EDGAR) in 34 CFR Part 75 (Direct Grant Programs), 34 CFR Part 77 (Definitions), and 34 CFR part 79 (Intergovernmental Review of Educa

tion Programs and Activities), except for

(1) 34 CFR 75.128(a)(2) and 75.129(a), in the case of applications under cooperative arrangements; and

(2) 34 CFR 75.261(e), in the case of a continuation grant awarded from Fiscal Year 1986 or 1987 funds for a non-renewable development grant previously awarded if—

(i) The conditions specified in 34 CFR 75.261 (a) through (d) and (f) are met;

(ii) The resulting cumulative obligation of Federal funds under the grant does not exceed the total amount requested by the grantee in the original application;

(iii) The extended grant period does not exceed either the statutory limit or the duration originally requested by the grantee; and

(iv) The original grant amount resulted from an initial judgment by the Department of Education concerning the grant amount needed for the project which subsequently proved to be incorrect.

(b) The regulations in this Part 624. (c) The regulations in 34 CFR Part 625, 626, 627, or 628, as applicable. (Authority: 20 U.S.C. 1221e-3(a)(1), 1057, 1060, 1064)

[47 FR 541, Jan. 5, 1982, as amended at 49 FR 28521, July 12, 1984; 51 FR 29196, Aug. 14, 1986; 55 FR 21715, May 25, 1990]

§ 624.6 Definitions that apply to the Institutional Aid Programs.

(a) The following terms used in this part are defined in EDGAR, 34 CFR Part 77:

Applicant
Application
EDGAR
Grant

Grant period
Grantee

Nonprofit
Private
Project
Public
Secretary
State

(b) The following definitions apply specifically to the Institutional Aid Programs:

Academic year means a period of time, generally eight or nine months,

in which a full-time student is expected to complete

(1) The equivalent of at least two semesters, two trimesters, or three quarters at an institution using credit hours; or

(2) At least 900 hours training for each program at an institution using clock hours.

Activity means a specific component of a project for which Federal funds are requested.

Base year means a 12-month period identified by the Secretary through a notice in the FEDERAL REGISTER.

Branch campus.

(1) This term means, in a university or college, a unit that is

(i) Independent of the main campus; and

(ii) Geographically apart from the main campus of the university or college.

(2) The Secretary considers a branch campus to be independent of the university's or college's main campus if the branch campus

(i) Is separately accredited; (ii) Is permanent in nature;

(iii) Offers courses for credit and programs leading to an associate or bachelor's degree;

(iv) Is autonomous to the extent that it has its own faculty and administrative or supervisory organization; and

(v) Has its own budgetary and hiring authority.

Comparable institutions and institutions that offer similar instruction mean institutions that are being compared with an applicant institution and that fall within one of the following four categories:

(1) Four-year public institutions.

(2) Four-year non-profit private institutions.

(3) Public junior or community colleges.

(4) Nonprofit private junior or community colleges.

Cooperative arrangement means an agreement between two or more eligible institutions that share and combine resources and otherwise cooperate in order to carry out the purpose of the Institutional Aid Programs more effectively and efficiently than if

each institution were to conduct those activities separately.

Educational and general (E&G) expenditures means the total amount expended by an institution of higher education for

(1) Instruction; (2) Research;

(3) Public service;

(4) Academic support including library expenditures;

(5) Student services;

(6) Institutional support;

(7) Scholarships and fellowships; (8) Operation expenditures, and maintenance expenditures for physical plant; and

(9) Any mandatory transfers that the institution is required to pay by law.

"Full-time-equivalent (FTE).”

(1) This term means the sum of— (i) The number of full-time students; and

(ii) The full-time equivalent of the number of part-time students enrolled at the institution.

(2) The Secretary determines the full-time equivalent of the number of part-time students in paragraph (1)(ii) of this definition by any method that yields the equivalent of—

(i) Adding the number of credit hours taken by all part-time students; and

(ii) Dividing that number by 12.

General operating and maintenance expenses means those costs that are generally recurrent or continuing in nature, such as costs of operating remedial programs, costs of classroom teaching, and costs of maintaining programs after the development period.

Junior or community college means an institution of higher education that provides an educational program—

(1) For which it does not award a bachelor's degree; but

(2)(i) That is of not less than two years' duration and is acceptable for full credit toward a bachelor's degree;

or

(ii) That is a two-year program in engineering, mathematics, or the physi cal or biological sciences, designed to prepare a student to work as a technician or at the semiprofessional level in engineering, scientific, or other tech

nological fields requiring the understanding and application of basic engineering, scientific, or mathematical principles of knowledge.

Non-renewable grant means a onetime-only, broad-purpose development grant designed to enable an institution or group of institutions to achieve selfsufficiency by the end of the grant period.

Pell Grant (formerly Basic Educational Opportunity Grant) means the grant awarded under Title IV-A-1 of the Higher Education Act of 1965, as amended (20 U.S.C. 1070a).

Renewable grant means a narrowpurpose development grant, for which an institution or group of institutions may reapply, designed to help an institution or group of institutions move toward self-sufficiency.

Self-sufficient means the point at which, in the determination of the Secretary, an institution should be viable, thriving, and able to survive without continued funding Under the Institutional Aid Programs.

Strengthening Developing Institutions Program (SDIP) means the program authorized under Title III of the Higher Education Act of 1965 before October 1, 1981.

(Authority: 20 U.S.C. 1058, 1059, 1061, 1062, 1066, and 1069)

Subpart B-What Kinds of Projects Does the Secretary Assist Under the Institutional Aid Programs?

§ 624.10 Types of grants.

The Secretary awards three principal types of grants under the Institutional Aid Programs:

(a) Planning grants, as described in § 624.11.

(b) Development grants, as described in § 624.12.

(c) Endowment grants, as described in § 628.10.

(Authority: 20 U.S.C. 1057, 1059, 1060, 1062, 1064 and 1065a)

[49 FR 28521, July 12, 1984]

§ 624.11 Planning grant.

(a) Unless otherwise provided, a planning grant may be used for a project to develop

(1) A long-range comprehensive development plan (long-range plan), as described in § 624.22;

(2) An application for a development grant; or

(3) A long-range plan and an application for a development grant.

(b) The Secretary does not consider awarding a planning grant to an institution that is receiving or has received another grant-whether a planning or a development grant-under the Institutional Aid Programs.

(c) The Secretary does not consider awarding a planning grant to develop a long-range plan to a cooperative arrangement unless the purpose of the grant is to develop a separate longrange plan for each of the participating institutions.

(Authority: 20 U.S.C. 1057, 1059, 1060, 1062, and 1069)

§ 624.12 Development grant.

A development grant may be used for a project to implement portions of an applicant's long-range plan to enable it to move toward or achieve self-sufficiency.

(Authority: 20 U.S.C. 1057, 1060, and 1066) § 624.13 Allowable activities.

(a) The Secretary awards grants under the Institutional Aid Programs to assist eligible institutions to plan, develop, or implement activities that the Secretary determines are likely to enable the institution to become selfsufficient.

(b) The following types of development activities are allowable:

(1) Development of faculty.

(2) Management of funds and administrative management.

(3) Development and improvement of academic programs.

in

(4) Acquisition of equipment for use strengthening management of funds and in strengthening academic programs.

(5) Joint use of facilities such as libraries and laboratories.

(6) Student services.

(c) The Secretary does not fund an activity for which a grantee is receiving or has received a grant under

or

(1) Any Institutional Aid Program;

(2) The SDIP, if that grant is scheduled to expire after September 30, 1982.

(Authority: 20 U.S.C. 1057, 1059, 1060, 1062, 1066 and 1221e-3)

Subpart C-How Does One Apply for a Grant?

§ 624.20 Designation as an eligible applicant.

(a)(1) An institution that wishes to be designated as an eligible institution for a particular Institutional Aid Program must file with the Secretary a request for designation for that program, according to the instructions contained in a notice published in the FEDERAL REGISTER.

(2) The Secretary annually publishes a notice in the FEDERAL REGISTER

(i) Requesting applications for eligibility; and

(ii) Indicating the base year for calculating whether an institution satisfies the eligibility criteria under 34 CFR 625.2 and 626.2. The Secretary uses the most recent base year for which reliable data are available. If necessary, the Secretary may establish a separate base year for each of the three criteria described in 34 CFR 625.2 or 626.2 depending on data availability.

(b) An institution that receives a grant for a grant period lasting more than one year shall include in its annual application for a continuation award the assurance described in § 624.40(b).

(Authority: 20 U.S.C. 1058, 1061, and 1064)

§ 624.21 How to apply for a grant.

(a) General. In an application for either a planning grant or a development grant, an applicant shall—

(1) Explain how the grant will assist the institution to prepare for the critical financial and other problems facing it in this decade;

(2) If it is requesting funding for more than one activity

(i) Identify those activities that would be a sound investment of Federal funds if funded separately;

(ii) Identify those activities that would be a sound investment of Feder

al funds only if funded along with other activities in the application; and

(iii) Rank the activities in order of preferred funding;

(3) If it is applying for a grant from more than one program under the Institutional Aid Programs, rank the applications in order of preferred funding;

(4) Submit all budgetary information the Secretary may require, including a separate detailed budget for each activity;

(5) Identify the policies and procedures it will use to ensure that any Federal funds it receives as a result of the application will be used to supplement-and not supplant-funds that would otherwise be available to carry out its long-range plan;

(6) Identify the fiscal control and accounting procedures necessary for proper disbursement of and accounting for any Federal funds it receives as a result of the application; and

(7) Provide assurance to the Secretary that it will comply with the restrictions on the use of funds specified in § 624.42 (a) through (g).

(b) Development grant. In an application for a development grant, an applicant shall—

(1) Include its long-range plan containing all the elements required in § 624.22;

(2) Provide information that fully addresses each component of each selection criterion in § 624.33;

(3) Identify the institutional goals in its long-range plan that each proposed development activity will help achieve;

and

(4) If it is requesting a multi-year grant, explain why

(i) A multi-year grant of that length is necessary; and

(ii) A single year grant would be inadequate.

(c) Planning grant. In an application for a planning grant, an applicant shall provide information that fully addresses each component of each selection criterion in § 624.31.

(Approved by the Office of Management and Budget under control number 18400593)

(Authority: 20 U.S.C. 1066, 1069b, and 1221e-3)

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(2) Institutional management. (b) The long-range plan must include

(1) The institutional mission statement (that is, a broad statement of fundamental purpose that includes the social and intellectual aspirations of the institution);

(2) Long-range and short-range institutional goals;

(3) Measurable objectives for each major unit of the institution;

(4) Time frames to achieve institutional goals and unit objectives;

(5) Major resource requirements; and

(6) Strategies for evaluating the institution's success in achieving all aspects of its long-range plan.

(Authority: 20 U.S.C. 1066)

§ 624.23 Applications for grants under cooperative arrangements.

(a) General. To apply for a grant under the Strengthening Program or the Special Needs Program, the participating institutions in a cooperative arrangement shall submit a single, collective application that includes

(1) The information required in 34 CFR 624.21; and

(2) The names of the institutions participating in the cooperative arrangement.

(b) Development grant. The application for a development grant under a cooperative arrangement shall

(1) Explain the relationship of the activities for which funding is requested to

(i) The long-range plan of each participating institution; and

(ii) The activities each participating institution carried out or is carrying out under a renewable development grant, if any, awarded previously under the Strengthening Program;

(2) Explain the rationale for each participating institution's decision to request funds to carry out activities to achieve self-sufficiency as part of a cooperative arrangement rather than individually; and

(3) Identify the activities included in any other application the cooperative arrangement or any participating institution is submitting for funding in the same fiscal year under the Institutional Aid Programs.

(c) Planning grant. The application for a planning grant under a cooperative arrangement shall explain the rationale for each participating institution's decision to request funds to develop, as appropriate, its application or its long-range plan as part of a cooperative arrangement rather than individually.

(Authority: 20 U.S.C. 1069)

§ 624.24 Separate applications.

If an institution wishes to apply in the same year for both a grant as an individual institution and a grant under a cooperative arrangement, the institution shall submit as an individual institution an application that is separate from the application the cooperative arrangement submits. (Authority: 20 U.S.C. 1066 and 1221e-3)

Subpart D-How Does the Secretary Make a Grant?

§ 624.30 General evaluation of applications.

(a) The Secretary evaluates an application for a planning grant on the basis of the criteria in § 624.31.

(b) The Secretary evaluates an application for a development grant on the basis of

(1) The appropriate criterion in § 624.32 for assessing the long-range plan to achieve self-sufficiency; and

(2) The selection criteria in § 624.33. (c)(1) The Secretary awards up to 100 points for the criteria in § 624.31 and up to 100 points for the criteria in § 624.33.

(2) The maximum possible score for each complete criterion is indicated in parentheses following the title of that criterion.

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