(1) The purposes of the statute that authorizes the program;

(2) The needs recognized in the authorizing statute;

(3) Other interpretations of the statute adopted by the Secretary that significantly affect the administration of the program;

(4) Inconsistencies, if any, between the authorizing statute and the General Education Provisions Act or the regulations in this part;

(5) How the criteria in § 75.210 of EDGAR apply to an application; and

(6) How the Secretary will distribute the points reserved under § 74.210(c). (Authority: 20 U.S.C. 1221e-3(a)(1))

[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, and amended at 45 FR 84059, Dec. 22, 1980; 46 FR 3205, Jan. 14, 1981; 51 FR 20824, June 9, 1986; 51 FR 21164, June 11, 1986]

CROSS-REFERENCE. See 34 CFR 77.1-definitions of "budget period" and "project period."

§ 75.102 Deadline date for applications.

(a) The application notice for a program sets a deadline date for applications to be mailed or hand delivered to the Department.

(b) If an applicant wants a new grant, the applicant shall:

(1) Mail the application to the address specified in the application notice on or before the deadline date;

or

(2) Hand deliver the application to the address specified in the application notice by 4:30 p.m. (Washington, D.C. time) on the deadline date.

(c) [Reserved]

(d) An applicant must show one of the following as proof of mailing:

(1) A legibly dated U.S. Postal Service postmark.

(2) A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.

(3) A dated shipping label, invoice, or receipt from a commercial carrier. (4) Any other proof of mailing acceptable to the Secretary.

(e) If an application is mailed through the U.S. Postal Service, the Secretary does not accept either of the following as proof of mailing:

(1) A private metered postmark.

ticable, unnecessary, or contrary to the public interest.

(c) How does the Secretary implement an annual priority?

The Secretary may choose one or more of the following methods to implement an annual priority:

(1) Invitations. The Secretary may simply invite applications that meet a priority. If the Secetary chooses this method, an application that meets the priority receives no competitive or absolute preference over applications that do not meet the priority.

(2) Competitive preference. The Secretary may give one of the following kinds of competitive preference to applications that meet a priority.

(i) If a program uses weighted selection criteria, the Secretary may award selection points to an application that meets the priority. These points are in addition to any points the applicant earns under the selection criteria (see § 75.200(b)). The notice states the number of additional points that the Secretary will award to applications that meet the priority in a particularly effective way.

(ii) The Secretary may select an application that meets & priority over an application of comparable merit that does not meet the priority.

(3) Absolute preference. The Secretary may give an absolute preference to applications that meet a priority for a program. The Secretary establishes an absolute preference by reserving all or part of a program's funds solely for applications that meet the priority. The Secretary may establish the amount reserved for applications that meet the priority either:

(i) In the application notice; or (ii) After determining the number of high quality applications received. (Authority: 20 U.S.C. 3474)

[46 FR 3205, Jan. 14, 1981]

APPLICATION CONTENTS

CROSS-REFERENCE. See 75.200 for a description of discretionary and formula grant programs.

§ 75.107 Applications for new grants under a discretionary grant program.

In an application for a new grant under a discretionary grant program, the applicant shall include:

(a) Information that addresses each selection criterion that applies to the program;

(b) The information required by the following sections of EDGAR:

(1) Section 75.110; (2) Section 75.112; (3) Section 75.116; (4) Section 75.117; (5)

The

regulations noted after § 75.118, if appropriate; and (6) Section 75.119, if appropriate; and

(c) All other information that is required under the particular program. (Approved by the Office of Management and Budget under control number 18800513)

(Authority: 20 U.S.C. 1221e-3(a)(1))

CROSS-REFERENCE. See 34 CFR Part 74, Subpart N Forms for Applying for Grants. [45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980 and amended at 53 FR 49143, Dec. 6, 1988]

§ 75.108 Applications for new grants under & formula grar:t program.

In an application for a new grant under a formula grant program, the applicant shall include:

(a) The information required by the following sections of EDGAR(1) Sections 75.110-75.117; (2) The

regulations noted after § 75.118 if appropriate; and (3) Section 75.119, if appropriate; and

(b) All other information that is required under the particular program. (Approved by the Office of Management and Budget under control number 18800513)

(Authority: 20 U.S.C. 1221e-3(a)(1))

[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980 and amended at 53 FR 49143, Dec. 6, 1988]

§ 75.109 Changes to application; number of copies.

(a) Each applicant shall submit an original and two copies of its application to the Department, including any

information that the applicant supplies voluntarily.

(b) An applicant may make changes to its application on or before the deadline date for submitting applications under the program.

(Authority: 20 U.S.C. 1221e-3(a)(1))

CROSS-REFERENCE. See § 75.200 How applications for new grants are selected for funding.

§ 75.110 Assure compliance with appropriate requirements of law.

An application must include an assurance that a grantee will comply with the requirements imposed by the Secretary concerning:

(a) Special requirements of law; (b) Program requirements; and (c) Administrative requirements. (Authority: 20 U.S.C. 1221e-3(a)(1))

§ 75.111 Describe the project.

An application must describe the project in detail. The description must include:

(a) The purpose of the project;

(b) The design of the project and the plan of management for the project;

(c) Each objective of the project and how the applicant plans to use its resources and personnel to achieve each objective;

(Authority: 20 U.S.C. 1221e-3(a)(1))

[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, and amended at 52 FR 27803, July 24, 1987]

§ 75.112 Include a proposed project period and a timeline.

(a) An application must propose a project period for the project.

(b) An application must describe when, in each budget period of the project, the applicant plans to meet each objective of the project. (Authority: 20 U.S.C. 1221e-3(a)(1))

§ 75.113 Describe the key personnel.

An application must include the name and qualifications of each key person in the proposed project. The following information must be included:

(a) The name and qualifications of the project director (if one is to be used.)

(b) The name and qualifications of each of any other key personnel in the project.

(c) The time that each person referred to in paragraphs (a) and (b) of this section plans to commit to the proposed project.

(d) If the name of the project director or any other key person is not known to the applicant when it submits the application, the application must specify the minimum qualifications for that person. This paragraph does not allow an applicant to omit the name or qualifications of the principal investigator for a proposed research project.

(Authority: 20 U.S.C. 1221e-3(a)(1))

§ 75.114 Describe the resources.

An application must describe the resources the applicant plans to devote to the project, including:

(a) Facilities; and

(b) Equipment and supplies. (Authority: 20 U.S.C. 1221e-3(a)(1))

§ 75.115 Describe the evaluation plan.

An application must include a description of the applicant's plan to evaluate the project under § 75.590, the authorizing statute of the program, and the implementing regula tions of the program.

(Authority: 20 U.S.C. 1221e-3(a)(1))

§ 75.116 Demonstrate capability; include evaluation of completed project.

(a) An application must include information to demonstrate the applicant's capability to:

(1) Conduct the project; and

(2) Meet the needs of the persons (if any) that the applicant plans to serve with the project.

(b) If an applicant wants a grant for a new project that furthers the objec tives of a project already completed by the applicant, the applicant shall include any existing evaluation of the completed project.

(Authority: 20 U.S.C. 1221e-3(a)(1))

§ 75.117 Information needed for a multiyear project.

An applicant that proposes a multiyear project shall include in its application:

(a) Information that shows why a multi-year project is needed;

(b) A budget for the first budget period of the project; and

(c) An estimate of the Federal funds needed for each budget period of the project after the first budget period. (Authority: 20 U.S.C. 1221e-3(a)(1))

$75.118 Application for a continuation award.

(a) An applicant shall comply with paragraph (b) of this section if:

(1) The applicant wants funds to continue a project already approved on a multi-year basis;

(2) The applicant is about to complete one or more of the budget periods; and

(3) The budget period for which the applicant wants a continuation award is within the approved project period. (b) An applicant for a continuation award shall submit the following:

(1) A revised face page (standard form 424) and revisions to any other affected pages of the approved application.

(2) A budget that covers the next budget period, and an estimate of the amount of funds that will remain unobligated at the end of the current budget period.

(3) An estimate of the Federal funds needed for each budget period that comes after the next budget period.

(c) The Secretary may also require the applicant to submit a report of project accomplishments to date. (Approved by the Office of Management and Budget under control number 18800513)

(Authority: 20 U.S.C. 1221e-3(a)(1))

CROSS-REFERENCE. See § 75.117 Information needed for a multi-year project, and $75.250-75.253 Approval of multi-year projects.

NOTE: Other sections in this part may require an applicant to put information in its application. However, these sections are not included here because they either:

(1) Apply only to a limited number of programs; or

(2) Apply only under specified circumstances.

A list of these sections follows:

75.128 Who acts as applicant; the group agreement.

§ 75.141 Certify that open meeting was held.

§ 75.151 When an applicant under § 75.150 must submit its application to the State; proof of submission.

§ 75.156 When an applicant under § 75.155 must submit its application to the State; proof of submission.

75.160 Procedures for State approval of or comment on preapplications.

§ 75.172 Applicant shall show compliance with A-95 procedures.

§ 75.192 Dissemination.

§ 75.601 Applicant's assessment of environmental impact.

§ 75.602 Preservation of historic sites must be described in the application.

[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980 and amended at 53 FR 49143, Dec. 6, 1988)

§ 75.119 Information neede: if private school students participate.

If a program requires the applicant to provide an opportunity for participation of students enrolled in private schools, the application must include the information required of subgrantees under 34 CFR 76.656.

(Approved by the Office of Management and Budget under control number 18800513)

(Authority: 20 U.S.C. 1221e-3(a)(1))

[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980 and amended at 53 FR 49143, Dec. 6, 1988]

SEPARATE APPLICATIONS-ALTERNATIVE

PROGRAMS

§ 75.125 Submit a separate application to each program; exception under the Joint Funding Simplification Act. An applicant shall submit a separate application to each program under which it wants a grant.

(Authority: 20 U.S.C. 1221e-3(a)(1); 42 U.S.C. 4252(a))

[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, and amended at 52 FR 27803, July 24, 1987]

§ 75.126 Application must list all programs to which it is submitted.

If an applicant is submitting an application for the same project under more than one Federal program, the applicant shall list these programs in its application. The Secretary uses this information to avoid duplicate grants for the same project.

(Authority: 20 U.S.C. 1221e-3(a)(1))

GROUP APPLICATIONS

875.127 Eligible parties may apply as a group.

(a) Eligible parties may apply as a group for a grant.

(b) Depending on the program under which a group of eligible parties seeks assistance, the term used to refer to the group may vary. The list that follows contains some of the terms used to identify a group of eligible parties: (1) Combination of institutions of higher education.

(2) Consortium.

(3) Joint applicants.

(4) Cooperative arrangements. (Authority: 20 U.S.C. 1221e-3(a)(1))

875.128 Who acts as applicant; the group agreement.

(a) If a group of eligible parties applies for a grant, the members of the group shall either:

(1) Designate one member of the group to apply for the grant; or

(2) Establish a separate, eligible legal entity to apply for the grant.

(b) The members of the group shall enter into an agreement that:

(1) Details the activities that each member of the group plans to perform; and

(2) Binds each member of the group to every statement and assurance made by the applicant in the application.

(c) The applicant shall submit the agreement with its application. (Authority: 20 U.S.C. 1221e-3(a)(1))

§ 75.129 Legal responsibilities of each member of the group.

(a) If the Secretary makes a grant to a group of eligible applicants, the applicant for the group is the grantee and is legally responsible for:

(1) The use of all grant funds; and (2) Ensuring that the project is carried out by the group in accordance with Federal requirements.

(b) Each member of the group is legally responsible to:

(1) Carry out the activities it agrees to perform; and

(2) Use the funds that it receives under the agreement in accordance with Federal requirements that apply to the grant.

(Authority: 20 U.S.C. 1221e-3(a)(1))

PREAPPLICATIONS

$75.130 Preapplications; purpose of 88 75.131-75.134.

The Secretary considers a preapplication under the procedures in §§ 75.131-75.134.

(Authority: 20 U.S.C. 1221e-3(a)(1))

§ 75.131 Consideration of a preapplication.

The Secretary is required to consider a preapplication if:

(a) The applicant complies with the procedural rules that govern submission of the preapplication; and

(b) (1) The preapplication is submitted in response to an application notice that invites or requires preapplications; or

(2) The preapplication is submitted by a government, as defined in 34 CFR 74.3.

CROSS-REFERENCE. See Subpart N of 34 CFR Part 74.

(Authority: 20 U.S.C. 1221e-3(a)(1))

§ 75.132 The effect of not submitting a preapplication.

(a) If the Secretary invites but does not require preapplications under a program, an applicant may apply for a grant under the program even if the applicant did not preapply.

(b) If the Secretary requires preapplications under a program and an applicant does not preapply, the applicant may not apply for a grant under the program.

(Authority: 20 U.S.C. 1221e-3(a)(1))