paragraph (m) (1), (2), (3), and (4) of this section. The term does not include faculty offices, library facilities, or any facilities under the categories of "instruction-related facilities" or "related facilities" or "related supporting facilities" as defined in § 170.1(d) (ii) and (iii) of this chapter.

(h) "Commissioner" means the U.S. Commissioner of Education or his desig

nee.

(i) "Eligible subjects" means courses at the undergraduate level (as defined in paragraph (y) of this section) in science, mathematics, foreign languages, history, geography, government, English, other humanities, the arts, and education. As used herein:

(1) "Science" includes the physical, biological, engineering and social sciences, and subjects which are interdisciplinary within the sciences.

(i) "Biological sciences" means the division of the natural sciences which deals with life, including such fields as Agriculture, Biology, Botany, Zoology, Bacteriology, Cytology, Ecology, Embryology, Entomology, Anatomy, Genetics, Microbiology, Nutrition, Pathology, Virology, Physiology, Morphology, Marine Biology, Hydrobiology, and the biological aspects of Anthropology and Psychology.

(ii) "Physical sciences” means the division of the natural sciences which deals primarily with nonliving matter, including such fields as Physics, Chemistry, Geology, Paleontology, Astronomy, Meteorology, Metallurgy, Mineralogy, and branches of these fields.

(iii) "Engineering" means the applied sciences in which a knowledge of the mathematical and natural sciences is applied with judgment to develop ways to utilize, economically, the materials and forces of nature. Included in this definition, for the purposes of the Act, are the "engineering sciences" such as engineering physics, mechanics, and "engineering technology" such as aeronautical engineering technology, civil engineering technology, and electronic engineering technology.

(iv) "Social sciences" means the branch of science that deals with the institutions and functioning of human society and with the interpersonal relationships of individuals as members of society, including such fields as Anthropology, Area Studies (including American Civilization and Culture), Business and Commerce, Economics (including Agricultural Economics), Industrial Re

lations, Linguistics, Psychology, and Sociology. Fields such as History, Government, and Education, while considered branches of Social Science, are given separate, special emphasis in the Act and are separately defined below.

(v) Fields which are interdisciplinary or overlapping within the sciences, include such as the following: Biochemistry, Biophysics, Astrophysics, Geophysics, Geochemistry, Forestry, Oceanography, Home Economics, Library Sciences, and Information Sciences.

(2) "Mathematics" means the logical study of shape, arrangement, and quantity; the science of numbers and their operations, interrelations, combinations, transformations, and generalizations. Included under this definition are all fields dealing with mathematical and statistical theory and methodology as distinguished from fields of study or research the principal content of which is a natural, social or engineering science.

(3) "Foreign languages" means: (1) Any languages other than English; and (ii) English, as a foreign language.

(4) "History" means the study of past and contemporary events in relation to peoples and civilizations.

(5) "Geography" means the study of the spatial distributions and relationships on the earth's surface of those elements that give character to places. These include natural phenomena (such as land, water, air), biotic phenomena (plant and animal life), and human phenomena (such as population, occupations, transportation, and communications). The term includes the study of physical, political, social, economic, and historical geography.

(6) "Government," or "political science" means the study of political and governmental institutions and processes. This definition includes the study of American government, comparative government, international organization, and public administration.

(7) "English" means the study of the English language in its spoken and written forms, and training and practice in the communication skills of listening, speaking, reading, and writing. It includes speech, grammar, literature, language arts, journalism, creative writing, and remedial or supplemental reading training (when given to undergraduate students) in the English language.

(8) "Other humanities" includes such fields as jurisprudence and philosophy.

(9) "The arts" includes such fields as music, drama, dance, folk art, architecture and allied fields, painting, sculpture, photography, graphic arts, industrial design, fashion design, motion pictures, television, and similar major art forms.

(10) "Education" means the study of the learning process and of subjects related to teaching and to the organization and administration of education, including the history and philosophy of education, curriculum development, and programs to prepare students for specialized teaching fields such as physical education, education of the physically, mentally, or emotionally handicapped, agriculture education, business or commercial education, trade and industrial Vocational education, music or education.

art

(j) "Equipment" means any instrument, machine, apparatus, or set of articles which meets the following conditions: (1) It retains its original shape and appearance with use; and (2) it is nonexpendable; that is, if the article is damaged or some of its parts are lost or worn out, it is usually more feasible to repair it than to replace it with an entirely new unit.

(k) "Full-time equivalent number of students" means, for purposes of determining State allotments, the number of full-time students enrolled in programs which consist wholly or principally of work normally creditable toward a bachelor's or higher degree plus onethird of the number of part-time students enrolled in such programs, plus 40 percent of the number of students enrolled in programs which are not chiefly transferable toward a bachelor's or higher degree plus 28 percent of the remaining number of such students. dent enrollment figures for each fiscal year for the purpose of this computation shall be those listed in the most recent edition of the Office of Education publication Opening Fall Enrollment in Higher Education.

Stu

(1) "Institutional fiscal year" means for a particular institution or branch campus a period of 1 year, not necessarily corresponding with the school year, at the end of which financial accounts are closed and reports made, usually June 30 or December 31.

(m) "Instructional and library facilities" means all rooms or groups of rooms used regularly for instruction of students, for faculty offices, or for library purposes. A room intended and equipped for any

of the purposes listed below should be counted in the appropriate category, regardless of the building (e.g., administrative building, library building, or field house) in which it is located. Instructional and library facilities are subdivided into the following categories:

(1) "General classrooms" means all instructional rooms used or intended and equipped to be used chiefly for lectures, recitations, and seminar types of class meetings, regardless of the size of the room. The seating area of an auditorium or theater, if regularly used for scheduled class meetings, should be classified and counted as a general classroom.

(2) "Instructional laboratories or shops" means all instructional rooms equipped for special purposes such as chemistry experiments, language practice, food preparation and service in home economics, shopwork in industrial arts, painting, etc. (Adjoining areas such as a balance room, supply room, dark room, or projection room, are considered to be "service areas for teaching facilities" and are not to be counted with instructional laboratories and shops.)

(3) "Other teaching facilities" means all other rooms and areas regularly used or intended for scheduled class meetings or individual instruction, such as: Music practice rooms (for individual practice) and music studios (where an instructor's office serves also as a studio, the room should be counted under "faculty offices"); playing floors, wrestling and boxing rooms, indoor swimming pools, and indoor track and field areas used regularly for instructional purposes. Storage rooms for musical instruments, seating areas, locker and shower rooms, and equipment issue and storage rooms used in connection with scheduled classes and located in the gymnasium are considered to be "service areas for teaching facilities" and are not to be counted with other teaching facilities.

(4) "Service areas for teaching facilities" means all service areas which adjoin and are used in conjunction with any general classrooms, instructional laboratories or shops, or other teaching facilities. Examples of service areas for teaching facilities are: Closets in general classrooms or in instructional laboratories or shops; rooms adjoining and used in conjunction with instructional laboratories or shops, such as a balance room, a storeroom, supply room, dark room, or projection room; seating areas, locker and shower rooms, and equipment issue

and storage rooms located in a gymnasium; instrument storage areas adjoining a music studio.

(5) "Library facilities" means rooms or groups of rooms used for the collection, storage, circulation, and use of books, periodicals, manuscripts, and other reading and reference materials, including the general library, departmental libraries, and rooms for special collections of documents, rooms for storage of films, records, and other audiovisual equipment and materials, rooms for the use by students of special audiovisual and other programmed instructional equipment on an individual basis for self-instruction purposes, library reading and listening rooms, acquisition rooms, cataloguing rooms, document reproduction rooms, circulation and reference desks, and any other similar library service area and the library administrative offices. Rooms used for any such purposes should be counted under library facilities. Library science laboratories and lecture classrooms located in a library building are to be counted as either general classrooms or instructional laboratories and shops.

(6) "Faculty offices" means all rooms or groups of rooms with office-type equipment, which are assigned to one or more faculty members for the performance of administrative, clerical, or faculty duties other than meeting of classes. A studio room in a department of music or fine arts, assigned to one or more faculty members for their own work, even though occasionally used for a student lesson, should be counted as a faculty office. Service areas for faculty offices (e.g., waiting rooms, office files and supply rooms, interconnecting corridors within a suite of offices, private toilets and clothes closets) should be counted together with the offices themselves.

(n) "Instructional television fixed service" (ITFS), as defined by the Federal Communications Commission (47 CFR 74.901 et seq.), means a fixed station operated by an educational organization and used primarily for the transmission of visual and aural instructional, cultural, and other types of education material to one or more fixed receiving locations. Instructional television fixed service stations operate in the portion of the microwave spectrum from 2500 to 2690 megacycles.

(o) "Laboratory and other special equipment and materials" means items of built-in or movable equipment, as de

fined in paragraph (j) of this section, and "materials," as defined in paragraph (p) of this section, which are suitable for use in providing instruction in institutions of higher education, and includes: (1) Audiovisual equipment, such as projectors, recording equipment, and television receivers which are not part of closed-circuit television systems; (2) devices (other than those used for printing, such as printing presses and offset printing machines) to be used for preparation of audiovisual and other instructional materials; (3) equipment for the maintenance and repair of materials in audiovisual centers; and (4) storage equipment to be used solely for the care and protection of the foregoing items when used in classrooms. Not included under the term are such items as general-purpose furniture, radio or television broadcast apparatus, public address systems, or items for the maintenance and repair of equipment.

(p) "Materials" means those items which with reasonable care and use may be expected to last for more than one year and are suitable for and are to be used in providing instruction in institutions of higher education. The term includes such items as audio and video tapes; discs; slides and transparencies; films and filmstrips; books; models and mock-ups; pamphlets; periodicals for indefinite retention in reference collections, and other printed and published materials such as maps, globes, and charts. The term does not include such items as textbooks (as defined in paragraph (x) of this section); or chemicals, glassware and other supplies which are consumed in use.

(q) "Minor remodeling" means those minor alterations in a previously completed building in space used or to be used as a classroom (as defined in paragraph (g) of this section) or as an audiovisual center or as a closed-circuit television facility, which are needed to make effective use of equipment in providing instruction. The term may also include the extension of utility lines, such as water and electricity, from points beyond the confines of the spaces in which the minor remodeling is undertaken but within the confines of such previously completed building. The term does not include building construction, structural alterations to buildings, building maintenance, repair or renovation.

(r) "Pertinent expenditures for equipment, materials and minor remodeling"

means: (1) In connection with projects for laboratory and other special equipment and materials (and directly associated minor remodeling) for improvement of undergraduate instruction in the eligible subjects, the total of all expenditures for such purposes, from both current funds and plant funds (as defined in College and University Business Administration, Volume I, American Council on Education, Washington, D.C., 1952), for the institution or branch campus for which the project application is submitted; and (2) in connection with projects for television equipment and materials (and directly associated minor remodeling) for closed-circuit direct instruction in the eligible subjects, the total of all expenditures for such purposes, from both current funds and plant funds, for the institution or branch campus for which the project application is submitted.

(s) "Project" means a separate proposal for improvement of undergraduate instruction in one or more of the eligible subjects through either: (1) The acquisition (by purchase, lease-purchase, or lease) and use of laboratory and other special equipment and materials (and directly associated minor remodeling); or (2) the acquisition (by purchase, leasepurchase, or lease) and use of television equipment and materials for closedcircuit direct instruction (and directly associated minor remodeling).

(t) "Semester credit hour" means the unit of credit which the institution awards to a student for a class meeting one hour per week for a semester or a laboratory meeting two or three hours per week for a semester. For purposes of this definition the term "semester" means a period of approximately 15 weeks of instruction. Where credits are recorded at an institution or branch campus on the basis of some other length of term, such as a "quarter" or where credits are not normally recorded, the credit hours of other units of accomplishment so recorded are to be converted to semester hour equivalents for purposes of reporting in applications submitted under this part. Any such conversions to semester credit hour equivalents shall be supported by definitive explanations, satisfactory to the State commission, of the basis on which the conversions are calculated and shall in all cases be subject to adjustment by the State commission.

(u) "State commission" means the State agency designated or established pursuant to section 603 of the Act.

(v) "State plan" means the document submitted by the State commission and approved by the Commissioner, which sets forth the standards, methods, and administrative procedures whereby the State commission shall review projects proposed by applicants in the State for Federal assistance under this part and shall determine and recommend the relative priority of each such project and the Federal share of the costs eligible for Federal financial participation.

(w) "Television equipment for closedcircuit direct instruction" means fixed or movable equipment items which are suitable for use in originating, distributing, and receiving programs or units of instruction by closed-circuit television, in institutions of higher education. The term includes studio equipment, control and recording equipment, transmitters, receivers and associated distribution equipment, antennas, and supporting towers for instructional television fixed service as defined by the Federal Communications Commission and for pointto-point microwave relay equipment, but does not include towers, antennas or broadcast transmitters designed to operate on VHF or UHF frequencies in the standard broadcast band. "Closed-circuit direct instruction" includes all uses of television equipment involving the distribution of television instruction from any source (such as television cameras, film chains, video-tape recording or playback apparatus, monoscope devices or receiving antenna) to one or more television monitors or receivers at one or more viewing locations. The term does not include closed-circuit installations for any noninstructional uses, such as monitoring for security purposes.

(x) "Textbook" means a book or workbook, or manual, which is used as a principal source of study materials for a given class or group of students, a copy of which is expected to be available for the individual use of each student in such a class or group.

(y) "Undergraduate level" programs of instruction means all courses of regular length which are intended primarily for meeting program requirements for students pursuing bachelor's degrees or first-professional degrees in programs which do not require 3 or more years of previous college work for entry and do not extend beyond the fifth year of

college, students pursuing associate degrees, or students enrolled in terminaloccupational programs. Not included under this definition are courses which are intended primarily for meeting program requirements for students pursuing graduate degrees or first professional degrees in programs extending beyond the fifth year of college or requiring 3 or more years of previous college work for entry into the first professional degree program. Also excluded are noncredit courses and conferences.

[31 F.R. 4795, Mar. 22, 1966, as amended at 34 F.R. 8110, May 23, 1969]

§ 171.2 Institutional eligibility.

To qualify for a grant under this part an institution shall meet requirements specified in subsection 801(a) of the Act. An institution which is not accredited by a nationally-recognized accrediting agency or association listed pursuant to section 801 of the Act may qualify, alternatively, by obtaining a certification from the Commissioner (dated no earlier than two years prior to the date of application for a grant) that the institution meets requirements set forth in subsection 801(a) (5) of the Act.

§ 171.3 Conditions for grant approval.

(a) Required assurances. Before approving a grant under this part, the Commissioner shall verify fulfillment of the requirements set forth in subsection 605(b) of the Act.

(b) Maintenance of effort. An assurance that an institution or branch campus will meet the maintenance of effort provision in section 604(b) of the Act shall be supported by a comparison of the budgeted amounts for pertinent expenditures for equipment, materials and minor remodeling (as defined in paragraph (r) of § 171.1) for the Federal fiscal year in which the project application is submitted with the amount actually expended for such purposes for the preceding Federal fiscal year.

(c) Items which may be included. Projects under this part may cover only (1) laboratory and other special equipment and materials (and directly associated minor remodeling) or (2) television equipment and materials for closedcircuit direct instruction (and directly associated minor remodeling), to be used for improvement of instruction at the undergraduate level in one or more of the eligible subjects in institutions of higher education.

(d) Costs which may be included. Projects may be submitted under this part only for the costs of acquisition (including necessary installation) of equipment, acquisition of materials, and minor remodeling which have not been and will not be incurred prior to or under contracts entered into prior to, the filing of the project application with the appropriate State commission, and the cost of engineering studies contracted for within two years prior to such date in connection with projects for closed-circuit television. Costs eligible for inclusion in the project budget shall be further limited to those which will be incurred within 12 months after the grant is approved, or under contracts entered into within such time, and, in connection with lease purchase contracts or lease agreements, to payments made within 12 months after such contracts or agreements are entered into.

§ 171.4 Submission and processing of applications.

(a) Closing dates for filing of applications. Closing dates by which applications may be filed with and accepted by the State commission shall be established in the State plan. For each category of applications (i.e., laboratory and other special equipment and materials and directly associated minor remodeling; or television equipment and materials for closed-circuit direct instruction and directly associated minor remodeling) the State plan shall provide not more than two closing dates for any Federal fiscal year. The closing dates for fiscal year 1966 shall be not later than May 31, and closing dates for subsequent fiscal years shall in all cases be between October 1 and February 15. Each State plan may provide for apportionment of the State allotments from funds appropriated for each category of applications, so that specified portions of either or both allotments become available as of specified closing dates, but such an apportionment shall not be required, and in the absence of such a provision in the State plan, the total of each allotment shall be available for grants as of the first applicable closing date in each Federal fiscal year.

(b) Submission of project applications. Applications for grants under this part shall be submitted on forms supplied by the Commissioner, and shall contain such assurances as are required pursuant to the Act and the regulations