---
kind: "section"
citation: "34 C.F.R. § 75.159"
title: "34"
number: "75.159"
heading: "Effect of State comments or failure to comment."
url: "https://uscodex.org/cfr/34/75.159"
---

# §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.

## Notes

### Authority

Authority: 20 U.S.C. 1221e-3 and 3474, unless otherwise noted. Section 75.263 also issued under 2 CFR 200.308(e)(1). Section 75.617 also issued under 31 U.S.C. 3504, 3505. Section 75.740 also issued under 20 U.S.C. 1232g and 1232h.

### Source

Source: 45 FR 22497, Apr. 3, 1980, unless otherwise noted. Redesignated at 45 FR 77368, Nov. 21, 1980.