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(a) Not more than 75 percent of such appropriation may be used for basic grants;

(b) Not more than 15 percent of such appropriation may be used for special purpose grants for either:

(1) Meeting a special need for additional library resources which will make a substantial contribution to the quality of an institution's educational resources (hereinafter referred to as type A);

(2) Meeting special national or regional needs in the library and information sciences (hereinafter referred to as type B); or

(3) Establishing and strengthening Joint-use facilities (hereinafter referred to as type C);

(c) The remainder of such appropriation not used for basic or special purpose grants may be used for supplemental grants.

[34 F.R. 8916, June 4, 1969; 34 F.R. 9390, June 14, 1969]

§ 131.4 Ineligible purposes.

No grants may be made under this part for library materials to be used(a) For sectarian instruction or religious worship;

(b) Primarily in connection with any part of a program of a school or department of divinity; and

(c) Primarily in connection with any medical library or related scientific communication instrumentality which is eligible for assistance under the Medical Library Assistance Act of 1965 (Public Law 89-291, 42 U.S.C. 280b et seq.). (20 U.S.C. 1027, 42 U.S.C. 280(b) et seq.) § 131.5 Eligible applicants.

(a) Basic grant. The following are eligible to apply for a basic grant:

(1) An institution of higher education on its own behalf,

(2) An institution of higher education on behalf of a branch,

(3) A combination of institutions of higher education,

(4) For fiscal year 1970 and thereafter, a new institution of higher education, as defined in § 131.2(m); Provided, That such institution shall be eligible for only one basic grant as a new institution of higher education.

(b) Supplemental grant. The following are eligible to apply for a supplemental grant:

(1) An institution of higher education, (2) A branch of an institution of higher education,

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(i) A combination of institutions of higher education.

§ 131.6 Application for grants.

An application for a basic, supplemental, or special purpose grant shall be submitted on forms prescribed by the Commissioner on or before the date announced by him for each fiscal year. The application shall be executed by an individual authorized to act for the applicant. Applications from branches of institutions shall be submitted to the Commissioner only through the parent institution. Applications and requests for information shall be sent to the Director, Division of Library Programs, Bureau of Adult, Vocational, and Library Programs, U.S. Office of Education, Washington, D.C. 20202.

§ 131.7 Content of applications.

(a) Applications for a basic grant. All applications for a basic grant shall contain information sufficient to enable the Commissioner to determine

(1) The eligibility of the applicant pursuant to § 131.5 and the Civil Rights Regulation in Part 80 of this title;

(2) That the applicant will expend during the fiscal year for which the grant is requested (from funds other than funds received under this part) for all library purposes an amount not less than the average annual amount it expended for such library purposes during the fiscal years 1964 and 1965 or during the 2 fiscal years preceding the fiscal year for which the grant is requested, whichever is the lesser;

(3) That the applicant will expend for all library purposes an amount (from funds other than funds received under this part) equal to not less than the amount of such grant;

(4) That the applicant will expend during the fiscal year for which the grant is requested (from funds other than funds received under this part) for library materials an amount not less than the average amount it expended for such materials during fiscal years 1964 and 1965 or during the 2 fiscal years preceding the fiscal year for which the grant is requested, whichever is the lesser;

(5) That the applicant will comply with the requirements in §§ 131.15, 131.16, and 131.17 relating to fiscal accounting and auditing procedures, retention of records and reports.

(6) That, except for new institutions of higher education, the applicant will include in his application the information required in subparagraphs (4), (5), and (6) of paragraph (b) of this section.

(b) Application for a supplemental grant. All applications for a supplemental grant shall contain information sufficient to enable the Commissioner to determine

(1) The eligibility of the applicant pursuant to § 131.5 of this part and the civil rights regulation in 45 CFR Part 80;

(2) That the applicant will expend during the fiscal year for which the grant is requested (from funds other than funds received under this part) for all library purposes an amount not less than the average annual amount it expended for such library purposes during the fiscal years 1964 and 1965 or during the 2 fiscal years preceding the fiscal year for which the grant is requested, whichever is the lesser;

(3) That the applicant will expend during the fiscal year for which the grant is requested (from funds other than funds received under this part) for library materials an amount not less than the average amount it expended for such materials during fiscal years 1964 and 1965 or during the 2 fiscal years preceding the fiscal year for which the grant is requested, whichever is the lesser;

(4) (1) The size and quality of the library resources of the applicant in relation to its present enrollment and any expected increase in its enrollment, (ii) any special circumstances which are im

peding or will impede the proper development of its library resources and (iii) how a supplemental grant would be used to improve the size or quality of its library resources;

(5) The relative priority of the application in light of the criteria established by him with the advice of the Advisory Council on College Library Resources and set forth in § 131.8;

(6) That the applicant will comply with the requirements in §§ 131.15, 131.16, and 131.17 relating to fiscal accounting and auditing procedures, retention of records, and reports.

(c) Applications for a special purpose grant. All applications for a special purpose grant shall contain information sufficient to enable the Commissioner to determine

(1) The eligibility of the applicant pursuant to § 131.5 of this part and the Civil Rights Regulation in 45 CFR Part 80;

(2) Whether the purpose for which the grant is requested is one of the three purposes set forth in § 131.3;

(3) That the applicant will expend during the fiscal year for which the grant is requested (from funds other than funds received under this part) for all library purposes an amount not less than the average annual amount it expended for such library purposes during the fiscal years 1964 and 1965 or during the 2 fiscal years preceding the fiscal year for which the grant is requested, whichever is the lesser;

(4) That the applicant (or applicants jointly in the case of a combination of institutions) will expend during the fiscal year for which the grant is requested (from funds other than funds received under this part) for the same purpose as such grant an amount from such other sources equal to not less than 331⁄2 percent of such grant;

(5) The relative priority of the application in light of the criteria, applicable to grants type A, type B, or type C, as appropriate, which the Commissioner has established with the advice of the Advisory Council on College Library Resources and set forth in § 131.9; and

(6) That the applicant will comply with the requirements in §§ 131.15, 131.16, and 131.17 relating to fiscal accounting and auditing procedures, retention of records, and reports.

[34 F.R. 8916, June 4, 1969, as amended at 35 F.R. 18875, Dec. 11, 1970]

§ 131.8 Criteria for review of applica- § 131.10 Disposition of applications. tions for supplemental grants.

Except for applications for basic grants to new institutions of higher education, the following criteria will be applied by the Commissioner in approving applications for basic and supplemental grants:

(a) Degree of deficiency in the number of volumes of the applicant's library in relation to the present, and expected increase in, student enrollment and the type of institution or branch applying for a grant;

(b) Participation in other Federal programs aiding disadvantaged students;

(c) Degree of economic disadvantagement of students enrolled;

(d) Recency of the establishment of the library collection.

(20 U.S.C. 1023) (35 F.R. 18875, Dec. 11, 1970]

§ 131.9 Criteria for review of applications for special purpose grants.

The following criteria will be applied by the Commissioner in approving applications for special purpose grants:

(a) Type A grant. (1) Location in a community characterized by significant social and economic deprivation;

(2) Location in a designated Model Cities area;

(3) Number of economically disadvantaged students;

(4) Other demonstrated special needs; (5) Use of Federal funds to meet special needs.

(b) Type B grant. (1) Existence of a comprehensive collection which meets special needs of other institutions in communities characterized by social and economic deprivation;

(2) Availability of a published catalog of, or other guide to, such collection;

(3) Extent to which such collection will be made available;

(4) Use of Federal funds to meet special needs.

(c) Type C grant. (1) Number and type of member institutions in the combination;

(2) Availability of a published catalog of, or other guide to, the special colClection;

(3) Adequacy of staff, equipment, and facilities; (4) Capability to continue the program of the combination;

(5) Coordination with other Federal programs;

(6) Use of Federal funds to meet special needs.

(20 U.S.C. 1024) (35 F.R. 18875, Dec. 11, 1970]

On the basis of his review of an application, the Commissioner will either (a) approve the application either in whole or in part or (b) disapprove the application. Disapproval of an application will not preclude its resubmission in a subsequent fiscal year. The Commissioner will notify the applicant in writing of the disposition of the application. Where the Commissioner awards a grant, the grant award document shall be deemed to include the provisions of these regulations and shall, in addition, set forth the grant amount and any other terms and conditions upon which the grant is made.

§ 131.11 Amount of grant.

(a) Basic grant. The amount of a basic grant may not exceed $5,000 for each eligible applicant. In the case of an application from a combination of institutions, the amount of the basic grant may not exceed $5,000 for each member institution or branch on whose behalf the application is filed.

(b) Supplemental grant. The amount of a supplemental grant may not exceed $10 for each full-time student (including the full-time equivalent of the number of part-time students) enrolled in the applicant institution or branch except that, where an application is made both by a parent institution and a branch thereof, the number of students enrolled in the branch may not be considered in computing the amount of the grant for the applicant parent institution. In the case of an application from a combination of institutions of higher education, the amount of the supplemental grant may not exceed $10 for each full-time student (including the full-time equivalent of the number of part-time students) enrolled in each eligible member institution: Provided, however, That, where a member institution has also applied for and received in the same fiscal year a supplemental grant on its own behalf, the number of students so enrolled may not be counted in computing the amount of the grant for the combination.

(c) Special purpose grant. The special purpose grant will be in such amount or amounts as the Commissioner may determine.

§ 131.12 Availability of grant funds.

Grant funds shall be available to the grantee for expenditure for a period of 1 year following the close of the fiscal year

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§ 132.1 Applicability.

The regulations in this part apply to grants by the U.S. Commissioner of Education to institutions of higher education to assist them in training persons in librarianship under title II-B of the Higher Education Act of 1965 (20 U.S.C. 1031-1033). Such grants are also subject to the requirements of title VI of the Civil Rights Act of 1964, approved July 2, 1964 (Public Law 88-352, 78 Stat. 252, 42 U.S.C. 2000d et seq.). Section 601 of that Act provides that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Therefore, Federal financial assistance pursuant to this part is subject to the regulation in 45 CFR Part 80. (20 U.S.C. 1031-1033, 42 U.S.C. 2000d et seq.)

§ 132.2 Definitions.

As used in this part:

(a) "Act" means the Higher Education Act of 1965, as amended (20 U.S.C. 1001-1150).

(b) "Commissioner" means the U.S. Commissioner of Education.

(c) "Department" means the U.S. Department of Health, Education, and Welfare.

(d) "Fellowship" means an award to participants engaged in a regular academic program of formal education in an institution of higher education for which are awarded credits that may be used to earn an academic degree.

(e) "Fiscal year" means the period beginning on July 1 and ending on the following June 30, and designated by the calendar year in which the fiscal year ends.

(f) "Institute" means an intensive short-term or regular-session program of specialized training designed to train individuals in particular principles and practices of librarianship.

(g) "Institution of higher education" means an educational institution in any State which meets all of the following criteria:

(1) It admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate.

(2) It is legally authorized within such State to provide a program of education beyond secondary education.

(3) It provides at least one of the following types of programs:

(i) An educational program for which it awards a bachelor's degree.

(ii) A program or not less than 2 years which is acceptable for full credit toward a bachelor's degree.

(iii) A program of not less than 1 year of training to prepare students for gainful employment in a recognized ocсираtion.

(4) It is a public or other nonprofit institution.

(5) It is either accredited by a nationally recognized accrediting agency or association, or meets at least one of the following requirements:

(i) It is an institution with respect to which the Commissioner has determined that there is satisfactory assurance, considering the resources available to the institution, the period of time, if any, during which it has operated, the effort it is making to meet accreditation standards, and the purpose for which this determination is being made, that the institution will meet the accreditation standards of such an agency or organization within a reasonable period of time.

(ii) It is an institution whose credits are accepted on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited.

(h) "Librarianship" means the principles and practices of the library and information sciences, including the acquisition, organization, storage, retrieval, and dissemination of information, and reference and research use of library and other information resources.

(i) "State" means, in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, and the Virgin Islands.

(j) "Traineeship" means an award to participants enrolled in a directed training program which is not a regular academic program of the type described in paragraph (d) of this section (20 U.S.C. 1032, 1141)

§ 132.3 Eligible purposes.

Funds available under title II-B of the Act may be used by the Commissioner to award grants to institutions of higher education for any one or more of the following purposes:

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