---
kind: "section"
citation: "34 C.F.R. § 367.40"
title: "34"
number: "367.40"
heading: "Under what circumstances does the Secretary award discretionary grants to States?"
url: "https://uscodex.org/cfr/34/367.40"
---

# §367.40. Under what circumstances does the Secretary award discretionary grants to States?

- (a) In the case of a fiscal year for which the amount appropriated under section 753 of the Act is less than $13,000,000, the Secretary awards discretionary grants under this part on a competitive basis to States in accordance with section 752(b) of the Act and EDGAR regulations at [34 CFR part 75](/cfr/34/part75.md) (Direct Grant Programs).
- (b) The Secretary awards noncompetitive continuation grants for a multi-year project to pay for the costs of activities for which a grant was awarded under this part—as long as the grantee satisfies the applicable requirements in this part, the terms of the grant, and [34 CFR 75.250 through 75.253](/cfr/34/75.250..75.253.md) (Approval of Multi-year Projects).
- (c) **Subparts A, C, D, and F of this part govern the award of competitive grants under this part.**

## Notes

### Authority

Authority: Sections 751-753 of the Rehabilitation Act of 1973, as amended; 29 U.S.C. 796j-796l, unless otherwise noted.

### Source

Source: 81 FR 55583, Aug. 19, 2016, unless otherwise noted.