As used in this chapter (except as otherwise defined by an applicable statute or regulation):

"Acquisition" means assumption of ownership (including the receipt of gifts) and necessary delivery, and includes purchase, lease, or lease-purchase.

"Applicant" means an eligible party seeking Federal financial assistance. The term includes an offeror for a contract, as well as an applicant for a grant.

"Application" means applications for grants and offers from eligible parties to enter into contracts with the Federal Government.

"Budget period" means the interval of time into which an approved activity is divided for budgetary purposes. "Commissioner" means the U.S. Commissioner of Education.

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

"Elementary school" means a day or residential school which provides elementary education, as determined under State law, and "Elementary school level" means the educational level at which elementary education is provided, as determined under State law.

"Equipment" includes machinery and includes all other items of tangible personal property necessary for

the functioning of a particular facility as a facility for the provision of educational and related services, including items such as instructional equipment and necessary furniture, printed, published, and audiovisual instructional materials, and books, periodicals, documents, and other related materials. Equipment does not include "supplies" (as defined in this section).

"Expendable personal property" means all tangible personal property other than nonexpendable personal property (as defined in this section).

"Fiscal year" means a period beginning on July 1 and ending on the following June 30. (A fiscal year is designated in accordance with the calendar year in which the ending date of the fiscal year occurs.)

"GEPA" means the General Education Provisions Act, title IV of Public Law 90-247, as amended.

"Grant period" means the period during which costs may be charged against a grant.

"Materials" means those items which with reasonable care and use may be expected to last for more than 1 year and are suitable for and are to be used in providing instruction under approved activities receiving Federal assistance. The term includes such items as audio and video tapes; discs; slides and transparencies; films and filmstrips; books; models and mockups; 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 or chemicals, glassware and other supplies which are consumed in

use.

"Minor remodeling" means minor alterations in a previously completed building which are needed to make effective use of equipment or personnel. 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, or repair.

"Nonexpendable personal property" means tangible personal property, including equipment, having a useful life of more than 1 year and an acquisition cost of $300 or more per unit.

"Nonprofit," as applied to a school, agency, organization, or institution, means a school, agency, organization, or institution owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

“Personal property” means property of any kind, tangible or intangible, except real property.

"Preschool" means the educational level from a child's birth to the time at which elementary education is provided as determined under State law.

"Private" means not under public supervision or control.

"Program" means an overall plan with respect to Federal funds made available during a fiscal year, which plan is intended to be put into effect by the recipient through one or more projects. The term does not include a Federal program of assistance.

"Project" means an activity, or set of activities designed to meet the purposes of the applicable Federal program.

"Project period" means the total period of time for which a project is approved for support with Federal funds.

"Public agency" means a legally constituted organization of government under public administrative control and direction, but does not include agencies of the Federal Government.

"Recipient" means the agency, institution, or organization receiving Federal financial assistance including subgrantees (as defined in this section) but does not include contractors who receive funds from the recipient pursuant to a grant or contract awarded by the Commissioner.

"Secondary school" means a day or residential school which provides secondary education, as determined

under State law, except that it not include any education pro beyond grade 12, and "Seco school level" means the educa level (not beyond grade 12) at secondary education is provided, termined under State law.

"Secretary" means the Secreta Health, Education, and Welfare. "Service function", with respec local educational agency, mear educational service which is perfo by a legal entity, such as an inter ate agency, whose jurisdiction not extend to the whole of the and which is authorized to pr consultative, advisory, or educa program services to public eleme or secondary schools, or which regulatory functions over ag having administrative control or tion of public elementary or seco schools, rather than a service wh performed by a cultural or educa

resource.

As used in this subchapter the "State and local governments" be determined according to the f ing definitions:

(a) "State" means any of the s States of the United States, the trict of Columbia, the Commonw of Puerto Rico, any territory of session of the United States, of agency or instrumentality of a exclusive of State institution higher education and hospitals.

"State" includes, in addition t several States of the Union, the monwealth of Puerto Rico, the trict of Columbia, Guam, Ame Samoa, the Virgin Islands, and Trust Territory of the Pacific Is

(b) "Local government" mea local unit of government incl specifically a county, municip city, town, township, school dis local public authority, special dis intrastate district, council of go ments, sponsor group represen organization, and other regional terstate government entity, or agency or instrumentality of a government exclusive of institu of higher education and hospitals

"Subgrant" means an awar money paid by a recipient as fina assistance pursuant to a grant a ed by the Commissioner.