§ 607.31 34 CFR Ch. VI (7–1–09 Edition)

§ 607.31 How does a grantee maintain Subpart E—What Conditions Must a its eligibility? Grantee Meet? (a) A grantee shall maintain its eligi- 608.40 What are allowable costs and what bility under the requirements in § 607.2, are the limitations on allowable costs? except for § 607.2(a) (1) and (2), for the 608.41 What are the audit and repayment re- duration of the grant period. quirements? 608.42 Under what conditions does the Sec- (b) The Secretary reviews an institu- retary terminate a grant? tion’s application for a continuation award to ensure that— AUTHORITY: 20 U.S.C. 1060 through 1063a, 1063c, 1066, 1068, 1069c, 1069d, and 1069f, unless (1) The institution continues to meet otherwise noted. the eligibility requirements described SOURCE: 58 FR 38713, July 20, 1993, unless in paragraph (a) of this section; and otherwise noted. (2) The institution is making sub- stantial progress toward achieving the Subpart A—General objectives set forth in its grant appli- cation including, if applicable, the in- § 608.1 What is the Strengthening His- stitution’s success in institutionalizing torically Black Colleges and Univer- practices and improvements developed sities (HBCU) Program? under the grant. The Strengthening Historically (Authority: 20 U.S.C. 1057–1059b, 1066–1069f) Black Colleges and Universities Pro- gram, hereafter called the HBCU Pro- [59 FR 41925, Aug. 15, 1994] gram, provides grants to Historically Black Colleges and Universities PART 608—STRENGTHENING HIS- (HBCUs) to assist these institutions in TORICALLY BLACK COLLEGES establishing and strengthening their AND UNIVERSITIES PROGRAM physical plants, academic resources and student services so that they may continue to participate in fulfilling the Subpart A—General goal of equality of educational oppor- Sec. tunity. 608.1 What is the Strengthening Histori- (Authority: 20 U.S.C. 1060) cally Black Colleges and Universities (HBCU) Program? § 608.2 What institutions are eligible to 608.2 What institutions are eligible to re- receive a grant under the HBCU ceive a grant under the HBCU Program? Program? 608.3 What regulations apply? (a) To be eligible to receive a grant 608.4 What definitions apply? under this part, an institution must— Subpart B—What Kind of Projects Does the (1) Satisfy section 322(2) of the Higher Secretary Fund? Education Act of 1965, as amended (HEA); 608.10 What activities may be carried out (2) Be legally authorized by the State under a grant? in which it is located— 608.11 What is the duration of a grant? (i) To be a junior or community col- lege; or Subpart C—How Does an Eligible Institution (ii) To provide an educational pro- Apply for a Grant? gram for which it awards a bachelor’s degree; and 608.20 What are the application require- ments for a grant under this part? (3) Be accredited or preaccredited by 608.21 What is a comprehensive development a nationally recognized accrediting plan and what must it contain? agency or association. (b) The Secretary has determined Subpart D—How Does the Secretary Make that the following institutions satisfy a Grant? section 322(2) of the HEA.

608.30 What is the procedure for approving ALABAMA and disapproving grant applications? Alabama A&M University-Huntsville 608.31 How does the Secretary determine —Montgomery the amount of a grant? Carver State Technical College—Mobile

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Concordia College—Selma —Baltimore Fredd State Technical College—Tuscaloosa University of Maryland-Eastern Shore— J.F. Drake State Technical College—Hunts- Princess Anne ville S.D. State Junior College—Mobile MICHIGAN Lawson State College—Birmingham Lewis College of Business—Detroit —Birmingham Oakwood College—Huntsville MISSISSIPPI —Selma —Lorman —Tuscaloosa Coahoma Junior College—Clarksdale Talladega University—Talladega —Jackson Trenholm State Technical College—Mont- Mary Holmes College—West Point gomery Mississippi Valley State University—Itta —Tuskegee Bena ARKANSAS Prentiss Normal and Industrial Institute— Prentiss —Little Rock —Holly Springs —Little Rock —Tougaloo Shorter College—Little Rock Hinds Junior College (Utica Jr Coll)—Ray- University of Arkansas at Pine Bluff—Pine mond Bluff MISSOURI DELAWARE Lincoln University—Jefferson City Delaware State College—Dover Harris-Stowe State College—St. Louis

DISTRICT OF COLUMBIA NORTH CAROLINA Barber-Scotia College—Concord University of the District of Columbia —Greensboro Elizabeth City State University—Elizabeth FLORIDA City Bethune Cookman College—Daytona Beach Fayetteville State University—Fayetteville —Jacksonville Johnson C. Smith University—Charlotte Florida A&M University—Tallahassee —Salisbury Florida Memorial College—Miami North Carolina A&T State University— Greensboro GEORGIA North Carolina Central University—Durham Saint Augustine’s College—Raleigh Albany State College—Albany —Raleigh Atlanta University—Atlanta Winston-Salem State University—Winston Clark College—Atlanta Salem Fort Valley State College—Fort Valley Interdenominational Theological Center— OHIO Atlanta —Atlanta —Wilberforce —Atlanta —Wilberforce —Augusta OKLAHOMA Savannah State College—Savannah —Atlanta —Langston

KENTUCKY PENNSYLVANIA Kentucky State University—Frankfurt Cheyney State University—Cheyney Lincoln University—Lincoln LOUISIANA SOUTH CAROLINA —New Orleans Grambling State University—Grambling —Columbia A&M College—Baton —Columbia Rouge Claflin College—Orangeburg Southern University at New Orleans—New Clinton Junior College—Rock Hill Orleans Denmark Technical College—Denmark Southern University at Shreveport—Shreve- —Sumter port South Carolina State College—Orangeburg Xavier University of Louisiana—New Orleans —Denmark

MARYLAND Bowie State College—Bowie —Nashville Coppin State College—Baltimore —Knoxville

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Lane College—Jackson year under the District of Columbia LeMoyne-Owen College—Memphis Self-Government and Governmental —Nashville Reorganization Act; and Morristown College—Morristown (2) Howard University is eligible to Tennessee State University—Nashville receive a grant under this part only if TEXAS the amount of the grant it is scheduled Huston-Tillotson College—Austin to receive under § 608.31 exceeds the —Hawkins amount it is scheduled to receive in the —Waco same fiscal year under the Act of Prairie View A&M University—Prairie View March 2, 1867, 20 U.S.C. 123. Saint Philip’s College—San Antonio Southwestern Christian College—Terrell (Authority: 20 U.S.C. 1061, 1063, and 1063a; —Tyler House Report 99–861, 99th Cong., 2d Sess. p. Texas Southern University—Houston 367, September 22, 1986; Senate Report 99–296, —Marshall 99th Cong., 2d Sess. p. 23, May 12, 1986; Cong. Rec. of June 3, 1986, pp. 6588–6589) U.S. VIRGIN ISLANDS § 608.3 What regulations apply? College of the Virgin Islands—St. Thomas The following regulations apply to Virginia this part: —Hampton (a) The Department of Education —Norfolk General Administrative Regulations Saint Paul’s College—Lawrenceville (EDGAR) as follows: Virginia State University—Petersburg (1) 34 CFR part 74 (Administration of Virginia Union University—Richmond Grants to Institutions of Higher Edu- cation, Hospitals, and Nonprofit Orga- WEST VIRGINIA nizations). —Bluefield (2) The following sections of 34 CFR West Virginia State College—Institute part 75 (Direct Grant Programs): (c) If an institution identified in §§ 75.1–75.104, 75.125–75.129, 75.190–75.192, paragraph (b) of this section has 75.230–75.261, 75.500, 75.510–75.519, 75.524– merged with another institution, and, 75.534, 75.580–75.903, and 75.910; as a result of the merger, would not (3) 34 CFR part 77 (Definitions that otherwise qualify to receive a grant Apply to Department Regulations). under this part, that institution may (4) 34 CFR part 79 (Intergovernmental nevertheless qualify to receive a grant Review of Department of Education under this part if— Programs and Activities). (1) The institution would have quali- (5) 34 CFR part 82 (New Restrictions fied to receive a grant before the merg- on Lobbying). er; and (6) 34 CFR part 85 (Governmentwide (2) The institution was eligible to re- Debarment and Suspension (Non- ceive a grant under the Special Needs procurement) and Governmentwide Re- Program in any fiscal year prior to fis- quirements for Drug-Free Workplace cal year 1986. (The Special Needs Pro- (Grants)). gram was authorized under Title III, (7) 34 CFR part 86 (Drug-Free Schools Part B, of the HEA before 1986.) and Campuses). (d) For the purpose of paragraph (b) The regulations in this part 608. (a)(3) of this section, the Secretary (Authority: 20 U.S.C. 1060–1063a, 1063c) publishes a list in the FEDERAL REG- ISTER of nationally recognized accred- § 608.4 What definitions apply? iting agencies and associations. (a) Definitions in EDGAR. The fol- (e) Notwithstanding any other provi- lowing terms used in this part are de- sion of this section, for each fiscal fined in 34 CFR 77.1: year— (1) The University of the District of Applicant Columbia is eligible to receive a grant Application Award under this part only if the amount of Budget the grant it is scheduled to receive EDGAR under § 608.31 exceeds the amount it is Equipment scheduled to receive in the same fiscal Fiscal year

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Grant period lent to an ‘‘award year’’ under the Pell Private Grant Program.) Project period Public (Authority: 20 U.S.C. 1060–1063) Secretary (b) Other definitions. The following Subpart B—What Kind of Projects definitions also apply to this part: Does the Secretary Fund? Accredited means the status of public recognition which a nationally recog- § 608.10 What activities may be carried nized accrediting agency or association out under a grant? grants to an institution which meets (a) Allowable activities. Except as pro- certain established qualifications and vided in paragraph (b) of this section, a educational standards. grantee may carry out the following Graduate means a student who has at- activities under this part— tended an institution for at least three (1) Purchase, rental, or lease of sci- semesters and fulfilled academic re- entific or laboratory equipment for quirements for undergraduate studies educational purposes, including in- in not more than five consecutive structional or research purposes; school years. (2) Construction, maintenance, ren- Junior or community college means an ovation, and improvement in class- institution of higher education that— room, library, laboratory, and other in- (i) Admits as regular students per- structional facilities, including pur- sons who are beyond the age of compul- chase or rental of telecommunications sory school attendance in the State in technology equipment or services; which the institution is located and (3) Support of faculty exchanges, fac- who have the ability to benefit from ulty development and faculty fellow- the training offered by the institution; ships to assist these faculty members (ii) Does not provide an educational in attaining advanced degrees in their program for which it awards a bach- fields of instruction; elor’s degree or an equivalent degree; (4) Academic instruction in dis- and ciplines in which Black Americans are (iii) Provides an educational program underrepresented; of not less than 2 years that is accept- (5) Purchase of library books, periodi- able for full credit toward such a de- cals, microfilm, and other educational gree; or offers a 2-year program in engi- materials, including telecommuni- neering, mathematics, or the physical cations program materials; or biological sciences, designed to pre- (6) Tutoring, counseling, and student pare a student to work as a technician service programs designed to improve or at the semiprofessional level in en- academic success; gineering, scientific, or other techno- (7) Funds and administrative man- logical fields requiring the under- agement, and acquisition of equipment standing and application of basic engi- for use in strengthening funds manage- neering, scientific, or mathematical ment; principles of knowledge. (8) Joint use of facilities, such as lab- Pell Grant means the grant program oratories and libraries; authorized by Title IV-A-1 of the High- (9) Establishing or improving a devel- er Education Act of 1965, as amended. opment office to strengthen or improve Preaccredited means a status, also contributions from alumni and the pri- called candidacy status, that a nation- vate sector; ally recognized accrediting agency or (10) Establishing or enhancing a pro- association, recognized by the Sec- gram of teacher education designed to retary to grant that status, has ac- qualify students to teach in a public el- corded an unaccredited institution that ementary or secondary school in the is making reasonable progress toward State that shall include, as part of the accreditation. program, preparation for teacher cer- School year means the period of time tification; from July 1 of one calendar year (11) Establishing community out- through June 30 of the subsequent cal- reach programs that will encourage el- endar year. (A ‘‘school year’’ is equiva- ementary and secondary students to

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