[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR381.33]

[Page 439-440]
 
                           TITLE 34--EDUCATION
 
            REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION
 
PART 381--PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS--Table of Contents
 
         Subpart D--What Conditions Must Be Met After an Award?
 
Sec.  381.33  What are the requirements related to the use of funds provided under this part?

    (a) Funds made available under this part must be used to supplement 
and not supplant the non-Federal funds that would otherwise be made 
available for the purpose for which Federal funds are provided under 
this part.
    (b) In any State in which an eligible system is located within a 
State agency, that State or State agency may not use more than five 
percent of any allotment for the costs of administration of the eligible 
system supported under

[[Page 440]]

this part. For purposes of this paragraph, ``costs of administration'' 
include, but are not limited to, administrative salaries (including 
salaries for clerical and support staff), supplies, depreciation or use 
allowances, the cost of operating and maintaining facilities, equipment, 
and grounds (e.g., rental of office space or equipment, telephone, 
postage, maintenance agreements), and other similar types of costs that 
may be incurred by the State or State agency to administer the eligible 
system.
    (c) Funds paid to a State or an eligible system within a State for a 
fiscal year to carry out this program that are not expended or obligated 
prior to the end of that fiscal year remain available to the State or an 
eligible system within a State for obligation during the succeeding 
fiscal year in accordance with 34 CFR 76.705-76.707.
    (d) For determining when an eligible system makes an obligation for 
various kinds of property or services, 34 CFR 75.707 and 76.707, as 
appropriate, apply to this program. If the appropriation for the PAIR 
program is less than $5,500,000, Sec.  75.707 applies. If the 
appropriation for the PAIR program is equal to or greater than 
$5,500,000, Sec.  76.707 applies. An eligible system is considered a 
State for purposes of Sec.  76.707.

(Authority: Secs. 12 and 509(f),(g), and (j) of the Act; 29 U.S.C. 
711(c) and 794e(f), (g), and (j))

[58 FR 43022, Aug. 12, 1993, as amended at 59 FR 8344, Feb. 18, 1994]