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34 CFR 222.174 - What prohibitions apply to these funds?

§ 222.174
What prohibitions apply to these funds?
Grant funds under this program may not be used to supplant or replace other available non-Federal construction money. These grant funds may be used for emergency or modernization activities only to the extent that they supplement the amount of construction funds that would, in the absence of these grant funds, be available to a grantee from non-Federal funds for these purposes.
Example 1. “Supplanting.” An LEA signs a contract for a $300,000 roof replacement and plans to use its capital expenditure fund to pay for the renovation. Since the LEA already has non-Federal funds available for the roof project, it may not now use a grant from this program to pay for the project or replace its own funds in order to conserve its capital fund.
Code of Federal Regulations - Page 583
Example 2. “Non-supplanting.” The LEA from the example of supplanting that has the $300,000 roof commitment has also received a $400,000 estimate for the replacement of its facility's heating, ventilation, and air conditioning (HVAC) system. The LEA has not made any commitments for the HVAC system because it has no remaining funds available to pay for that work. Since other funds are not available, it would not be supplanting if the LEA received an emergency grant under this program to pay for the HVAC system.
(Authority: 20 U.S.C. 7707(b) )

Title 34 published on 2012-07-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
USC : Title 20 - EDUCATION

§ 1121 - Findings; purposes; consultation; survey

§ 1225 - Availability of appropriations on academic or school-year basis; additional period for obligation of funds

20 USC § 1226a–1 - Payments; installments, advances or reimbursement, and adjustments

§ 1231 - Joint funding of programs

§ 1231d - Parental involvement and dissemination

§ 1232c - State agency monitoring and enforcement

§ 1681 - Sex

§ 7701 - Purpose

§ 7702 - Payments relating to Federal acquisition of real property

§ 7703 - Payments for eligible federally connected children

§ 7703a - Impact aid for children with severe disabilities

§ 7703b - Assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees

§ 7704 - Policies and procedures relating to children residing on Indian lands

§ 7705 - Application for payments under

§ 7706 - Repealed.

§ 7707 - Construction

§ 7708 - Facilities

§ 7709 - State consideration of payments in providing State aid

§ 7710 - Federal administration

§ 7711 - Administrative hearings and judicial review

§ 7712 - Forgiveness of overpayments

§ 7713 - Definitions

§ 7713a - School facilities for children of Government employees and other residents in Indian reservations, national parks, and national monuments

§ 7714 - Authorization of appropriations

U.S.C. : Title 29 - LABOR

§ 794 - Nondiscrimination under Federal grants and programs

USC : Title 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

§ 101 - Definitions

U.S.C. : Title 42 - THE PUBLIC HEALTH AND WELFARE

42 USC § 161 to 175 - Repealed. Jan. 22, 1927, ch. 53,

§ 2000d - Prohibition against exclusion from participation in, denial of benefits of, and discrimination under federally assisted programs on ground of race, color, or national origin

Statutes at Large

86 Stat. 235

88 Stat. 484

88 Stat. 534

Public Laws

92-318