EDGAR Part 75 Subpart C (How To Apply for a Grant)
Subpart C_How To Apply for a Grant
The Application Notice
Sec. 75.100 Publication of an application notice; content of the
notice.
(a) Each fiscal year the Secretary publishes application notices in
the Federal Register that explain what kind of assistance is available
for new grants under the programs that the Secretary administers.
(b) The application notice for a program explains one or more of the
following:
(1) How to apply for a new grant.
(2) If preapplications are used under the program, how to preapply
for a new grant.
(Authority: 20 U.S.C. 1221e-3 and 3474)
[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980,
as amended at 45 FR 86297, Dec. 30, 1980; 51 FR 20824, June 9, 1986; 59
FR 30261, June 10, 1994]
Sec. 75.101 Information in the application notice that helps an
applicant apply.
(a) The Secretary may include such information as the following in
an application notice:
(1) How an applicant can get an application package that contains:
(i) Information about the program; and
(ii) The application form that the applicant must use.
(2) The amount of funds available for grants, the estimated number
of those grants, the estimated amounts of those grants and, if
appropriate, the maximum award amounts of those grants.
(3) If the Secretary plans to approve multi-year projects, the
project period that will be approved.
(4) Any priorities established by the Secretary for the program for
that year and the method the Secretary will use to implement the
priorities. (See Sec. 75.105 Annual priorities.)
(5) Where to find the regulations that apply to the program.
(6) The statutory authority for the program.
(7) The deadlines established under Sec. 75.102 (Deadline date for
applications.) and 34 CFR 79.8 (How does the Secretary provide States an
opportunity to comment on proposed Federal financial assistance?)
(b) If the Secretary either requires or permits preapplications
under a program, an application notice for the program explains how an
applicant can get the preapplication form.
(Authority: 20 U.S.C. 1221e-3 and 3474)
[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980,
as 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; 60 FR 63873, Dec.
12, 1995; 61 FR 8455, Mar. 4, 1996]
Cross reference: See 34 CFR 77.1--definitions of ``budget period''
and ``project period.''
Sec. 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.
(2) A mail receipt that is not dated by the U.S. Postal Service.
(Authority: 20 U.S.C. 1221e-3 and 3474)
Note: The U.S. Postal Service does not uniformly provide a dated
postmark. Before relying on this method, an applicant should check with
its local post office.
[45 FR 22497, Apr. 3, 1980, as amended at 51 FR 20824, June 9, 1986]
Sec. 75.103 Deadline date for preapplications.
(a) If the Secretary invites or requires preapplications under a
program, the application notice for the program sets a deadline date for
preapplications.
(b) An applicant shall submit its preapplication in accordance with
the procedures for applications in Sec. 75.102(b) and (d).
(Authority: 20 U.S.C. 1221e-3 and 3474)
Sec. 75.104 Applicants must meet procedural rules.
(a) The Secretary may make a grant only to an eligible party that
submits an application.
(b) If a maximum award amount is established in a notice published
in the Federal Register, the Secretary may reject without consideration
or evaluation any application that proposes a project funding level that
exceeds the stated maximum award amount.
(Authority: 20 U.S.C. 1221e-3 and 3474)
[61 FR 8455, Mar. 4, 1996]
Sec. 75.105 Annual priorities.
(a) What programs are covered by this section? This section applies
to any program for which the Secretary establishes priorities for
selection of applications in a particular fiscal year.
(b) How does the Secretary establish annual priorities? (1) The
Secretary establishes final annual priorities by publishing the
priorities in a notice in the Federal Register, usually in the
application notice for that program.
(2) The Secretary publishes proposed annual priorities for public
comment, unless:
(i) The final annual priorities will be implemented only by inviting
applications that meet the priorities (Cross-reference: See 34 CFR
75.105(c)(1));
(ii) The final annual priorities are chosen from a list of
priorities already established in the program's regulations;
(iii) Publishing proposed annual priorities would seriously
interfere with an orderly, responsible grant award process or would
otherwise be impracticable, unnecessary, or contrary to the public
interest;
(iv) The program statute requires or authorizes the Secretary to
establish specified priorities; or
(v) The annual priorities are chosen from allowable activities
specified in the program statute.
(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) The Secretary may award some or all bonus points to an
application depending on the extent to which the application meets the
priority. These points are in addition to any points the applicant earns
under the selection criteria (see Sec. 75.200(b)). The notice states
the maximum number of additional points that the Secretary may award to
an application depending upon how well the application meets the
priority.
(ii) The Secretary may select an application that meets a 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. The Secretary
establishes a separate competition for applications that meet the
priority and reserves all or part of a program's funds solely for that
competition. The Secretary may adjust the amount reserved for the
priority after determining the number of high quality applications
received.
(Authority: 20 U.S.C. 1221e-3 and 3474)
[46 FR 3205, Jan. 14, 1981, as amended at 57 FR 30337, July 8, 1992; 60
FR 63873, Dec. 12, 1995]
Application Contents
Cross reference: See Sec. 75.200 for a description of discretionary
and formula grant programs.
Sec. 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 and 3474)
Cross reference: See Sec. 75.200 How applications for new grants
are selected for funding.
Sec. 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 include a narrative that describes how and
when, in each budget period of the project, the applicant plans to meet
each objective of the project.
(Approved by the Office of Management and Budget under control number
1875-0102)
(Authority: 20 U.S.C. 1221e-3 and 3474)
[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980,
as amended at 59 FR 30261, June 10, 1994]
Sec. 75.117 Information needed for a multi-year project.
An applicant that proposes a multi-year project shall include in its
application:
(a) Information that shows why a multi-year project is needed;
(b) A budget narrative accompanied by a budget form prescribed by
the Secretary, that provides budget information for each budget period
of the proposed project period.
(Approved by the Office of Management and Budget under control number
1875-0102)
(Authority: 20 U.S.C. 1221e-3 and 3474)
[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980,
as amended at 59 FR 30261, June 10, 1994]
Sec. 75.118 Requirements for a continuation award.
(a) A recipient that wants to receive a continuation award shall
submit a performance report that provides the most current performance
and financial expenditure information, as
directed by the Secretary, that is sufficient to meet the reporting
requirements of 34 CFR 74.51, 75.590, 75.720, and 80.40.
(b) If a recipient fails to submit a performance report that meets
the requirements of paragraph (a) of this section, the Secretary denies
continued funding for the grant.
(Approved by the Office of Management and Budget under control number
1875-0102)
(Authority: 20 U.S.C. 1221e-3(a)(1) and 3474)
Cross reference: See Sec. 75.117 Information needed for a multi-
year project, and Sec. Sec. 75.250 through 75.253 Approval of multi-
year projects, Sec. 75.590 Evaluation by the recipient, Sec. 75.720
Financial and performance reports, Sec. 74.51 Monitoring and reporting
program performance, and Sec. 80.40 Monitoring and reporting program
performance.
[59 FR 30261, June 10, 1994, as amended at 64 FR 50391, Sept. 16, 1999]
Sec. 75.119 Information needed 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
1880-0513)
(Authority: 20 U.S.C. 1221e-3 and 3474)
[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980,
as amended at 53 FR 49143, Dec. 6, 1988]
Separate Applications--Alternative Programs
Sec. 75.125 Submit a separate application to each program.
An applicant shall submit a separate application to each program
under which it wants a grant.
(Authority: 20 U.S.C. 1221e-3 and 3474)
[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980,
as amended at 52 FR 27803, July 24, 1987; 60 FR 46493, Sept. 6, 1995]
Sec. 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 and 3474)
Group Applications
Sec. 75.127 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 and 3474)
Sec. 75.128 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 and 3474)
Sec. 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;
(2) Ensuring that the project is carried out by the group in
accordance with Federal requirements; and
(3) Ensuring that indirect cost funds are determined as required
under Sec. 75.564(e).
(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 and 3474)
[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980,
as amended at 59 FR 59581, Nov. 17, 1994]
State Comment Procedures
Sec. 75.155 Review procedures if State may comment on applications:
Purpose of Sec. Sec. 75.156-75.158.
If the authorizing statute for a program requires that a specific
State agency be given an opportunity to comment on each application, the
State and the applicant shall use the procedures in Sec. Sec. 75.156-
75.158 for that purpose.
(Authority: 20 U.S.C. 1221e-3 and 3474)
Cross reference: See 34 CFR part 79 (Intergovernmental Review of
Department of Education Programs and Activities) for the regulations
implementing the application review procedures that States may use under
E.O. 12372.
[57 FR 30338, July 8, 1992]
Sec. 75.156 When an applicant under Sec. 75.155 must submit its
application to the State; proof of submission.
(a) Each applicant under a program covered by Sec. 75.155 shall
submit a copy of its application to the State on or before the deadline
date for submitting its application to the Department.
(b) The applicant shall attach to its application a copy of its
letter that requests the State to comment on the application.
(Authority: 20 U.S.C. 1221e-3 and 3474)
Sec. 75.157 The State reviews each application.
A State that receives an application under Sec. 75.156 may review
and comment on the application.
(Authority: 20 U.S.C. 1221e-3(a)(1) and 3474)
Sec. 75.158 Deadlines for State comments.
(a) The Secretary may establish a deadline date for receipt of State
comments on applications.
(b) The State shall make its comments in a written statement signed
by an appropriate State official.
(c) The appropriate State official shall submit comments to the
Secretary by the deadline date for State comments. The procedures in
Sec. 75.102 (b) and (d) (how to meet a deadline) of this part apply to
this submission.
(Authority: 20 U.S.C. 1221e-3 and 3474)
Sec. 75.159 Effect of State comments or failure to comment.
(a) The Secretary considers those comments of the State that relate
to:
(1) Any selection criterion that applies under the program; or
(2) Any other matter that affects the selection of projects for
funding under the program.
(b) If the State fails to comment on an application on or before the
deadline date for the appropriate program, the State waives its right to
comment.
(c) If the applicant does not give the State an opportunity to
comment, the Secretary does not select that project for a grant.
(Authority: 20 U.S.C. 1221e-3 and 3474)
Development of Curricula or Instructional Materials
Sec. 75.190 Consultation.
Each applicant that intends to develop curricula or instructional
materials under a grant is encouraged to assure that the curricula or
materials will be developed in a manner conducive to dissemination,
through continuing consultations with publishers, personnel of State and
local educational agencies, teachers, administrators, community
representatives, and other individuals experienced in dissemination.
(Authority: 20 U.S.C. 1221e-3 and 3474)
Sec. 75.191 Consultation costs.
An applicant may budget reasonable consultation fees or planning
costs in connection with the development of curricula or instructional
materials.
(Authority: 20 U.S.C. 1221e-3 and 3474)
Sec. 75.192 Dissemination.
If an applicant proposes to publish and disseminate curricula or
instructional materials under a grant, the applicant shall include an
assurance in its application that the curricula or materials will reach
the populations for which the curricula or materials were developed.
(Authority: 20 U.S.C. 1221e-3 and 3474)
EDGAR version June 23, 2005
