--- kind: "range" citation: "34 C.F.R. §§ 75.600–75.617" title: "34" from: "75.600" to: "75.617" count: 16 url: "https://uscodex.org/cfr/34/75.600..75.617" --- # §75.600. Applicability of using grant funds for construction or real property. - (a) As used in this section, the terms “construction” and “minor remodeling” have the meanings given those terms in [34 CFR 77.1(c)](/cfr/34/77.1.md?p=c). - (b) Except as provided in [paragraph (c)](#c) of this section, [§§ 75.600 through 75.618](/cfr/34/75.600..75.618.md) apply to— - (1) An applicant that requests funds for construction or real property acquisition; and - (2) **A grantee whose grant includes funds for construction or real property acquisition.** - (c) [Sections 75.600 through 75.618](/cfr/34/75.600..75.618.md) do not apply to grantees in— - (1) Programs prohibited from using funds for construction or real property acquisition under [§ 75.533](/cfr/34/75.533.md); and - (2) Projects determined by the Secretary to be minor remodeling under [34 CFR 77.1(c)](/cfr/34/77.1.md?p=c). # §75.601. Approval of the construction. - (a) **The Secretary approves a direct grantee construction project—** - (1) When the initial grant application is approved; or - (2) **After the grant has been awarded.** - (b) A grantee may not advertise or place the construction project on the market for bidding until after the Secretary has approved the project. # §75.602. Planning the construction. - (a) **In planning the construction project, a grantee—** - (1) Must ensure that the design is functional, economical, and not elaborate in design or extravagant in the use of materials compared with facilities of a similar type constructed in the State or other applicable geographic area; - (2) **May consider excellence of architecture and design and inclusion of works of art.** A grantee must not spend more than 1 percent of the cost of the project on works of art; and - (3) May make reasonable provision, consistent with the other uses to be made of the construction, for areas that are adaptable for artistic and other cultural activities. - (b) **In developing the proposed budget for the construction project, a grantee—** - (1) Must ensure that sufficient funds are available to meet any non-Federal share of the cost of the construction project; - (2) May include sufficient funds for commissioning of energy, HVAC, and water systems and to train personnel in the proper operation of such building systems; - (3) For new construction and major rehabilitation projects, may consider life-cycle cost analysis for major design decisions to the extent possible; - (4) May budget for reasonable and predictable contingency costs consistent with [2 CFR 200.433](/cfr/2/200.433.md); and - (5) May budget for school and community education about the construction project including its energy, environmental, and health features and benefits. - (c) Prior to approving a construction project under [§ 75.601](/cfr/34/75.601.md), the Secretary considers a grantee's compliance with the following requirements, as applicable: - (1) Title to site ([§ 75.610](/cfr/34/75.610.md)). - (2) Environmental impact assessment ([§ 75.611](/cfr/34/75.611.md)). - (3) Avoidance of flood hazards ([§ 75.612](/cfr/34/75.612.md)). - (4) Compliance with the Coastal Barrier Resources Act ([§ 75.613](/cfr/34/75.613.md)). - (5) Preservation of historic sites ([§ 75.614](/cfr/34/75.614.md)). - (6) Build America, Buy America Act ([§ 75.615](/cfr/34/75.615.md)). - (7) Energy conservation ([§ 75.616](/cfr/34/75.616.md)). - (8) Access for individuals with disabilities ([§ 75.617](/cfr/34/75.617.md)). - (9) Safety and health standards ([§ 75.618](/cfr/34/75.618.md)). # §75.603. Beginning the construction. - (a) A grantee must begin work on the construction project within a reasonable time after the Secretary has approved the project under [§ 75.601](/cfr/34/75.601.md). - (b) A grantee must follow all applicable procurement standards in [2 CFR part 200](/cfr/2/part200.md), [subpart D](/cfr/34/subpartD.md), when advertising or placing the project on the market for bidding. # §75.604. During the construction. - (a) A grantee must maintain competent architectural engineering supervision and inspection at the construction site to ensure that the work conforms to the approved final working specifications. - (b) A grantee must complete the construction in accordance with the approved final working specifications unless a revision is approved. - (c) If a revision to the timeline, budget, or approved final working specifications is required, the grantee must request prior written approval consistent with [2 CFR 200.308(h)](/cfr/2/200.308.md?p=h). - (d) A grantee must comply with Federal laws regarding prevailing wages on construction and minor remodeling projects assisted with Department funding, including, as applicable, subchapter IV of chapter 31 of title 40, United States Code (commonly known as the “Davis-Bacon Act”; as applied through [section 439](/cfr/34/439.md) of GEPA; [20 U.S.C. 1232b](/usc/20/1232b.md)) and any tribally determined prevailing wages. - (e) A grantee must submit periodic performance reports regarding the construction project containing information specified by the Secretary consistent with [2 CFR 200.329(d)](/cfr/2/200.329.md?p=d). # §75.605. After the construction. - (a) A grantee must ensure that sufficient funds will be available for effective operation and maintenance of the facilities after the construction is complete. - (b) A grantee must operate and maintain the facilities in accordance with applicable Federal, State, and local requirements. - (c) A grantee must maintain all financial records, supporting documents, statistical records, and other non-Federal entity records pertinent to the construction project consistent with [2 CFR 200.334](/cfr/2/200.334.md). # §75.606. Real property requirements. - (a) **The Secretary approves a direct grantee real property project—** - (1) When the initial grant application is approved; - (2) After the grant has been awarded; or - (3) With the approval of a construction project under [§ 75.601](/cfr/34/75.601.md). - (b) **A grantee using any grant funds for real property acquisition must—** - (1) Comply with the Real Property Standards of the Uniform Guidance ([2 CFR 200.310 through 200.316](/cfr/2/200.310..200.316.md)); - (2) Not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without written permission and instructions from the Secretary; - (3) In accordance with agency directives, record the Federal interest in the title of the real property in the official real property records for the jurisdiction in which the facility is located and include a covenant in the title of the real property to ensure nondiscrimination; and - (4) Report at least annually on the status of real property in which the Federal Government retains an interest consistent with [2 CFR 200.330](/cfr/2/200.330.md). - (c) A grantee is subject to the regulations on relocation assistance and real property acquisition in 34 CFR part [15](/cfr/34/part15.md) and [49](/cfr/34/part49.md) CFR [part 24](/cfr/34/part24.md), as applicable. # §75.607-75.609. Reserved # §75.610. Title to site. A grantee must have or obtain a full title or other interest in the site (such as a long-term lease), including right of access, that is sufficient to ensure the grantee's undisturbed use and possession of the facilities for at least 25 years after completion of the project or for the useful life of the construction, whichever is longer. # §75.611. Environmental impact assessment. - (a) When a grantee's construction or real property acquisition project is considered a “Major Federal Action,” as defined in [40 CFR 1508.1(q)](/cfr/40/1508.1.md?p=q), the grantee must include an assessment of the impact of the proposed construction on the quality of the environment in accordance with section 102(2)(C) of the National Environmental Policy Act of 1969 (NEPA) ([42 U.S.C. 4332(2)(C)](/usc/42/4332.md?p=2-C)) and Executive Order 11514 (35 FR 4247). - (b) If a grantee's construction or real property project is not considered a “Major Federal Action” under NEPA, a NEPA environmental impact assessment is not required; however— - (1) An environmental impact assessment may be required under State or local requirements; and - (2) Grantees are encouraged to perform some type of environmental assessment for projects that involve breaking ground, such as projects to expand the size of an existing building or replace an outdated building. # §75.612. Avoidance of flood hazards. In planning the construction or real property project, a grantee must, consistent with Executive Order (E.O.) 11988 of May 24, 1977, E.O. 13690 of January 30, 2015, and E.O. 14030 of May 20, 2021— - (a) Evaluate flood hazards in connection with the construction; - (b) As far as practicable, avoid uneconomic, hazardous, or unnecessary use of flood plains in connection with the construction; - (c) Mitigate flood hazards through design such as elevating systems and first floor elevations above flood level plus freeboard; and - (d) **Summarize remaining flood risks in a memorandum.** CITA>[89 FR 70332, Aug. 29, 2024] # §75.613. Compliance with the Coastal Barrier Resources Act. A grantee may not use, within the Coastal Barrier Resources System, funds made available under a program administered by the Secretary for any purpose prohibited by the Coastal Barrier Resources Act ([16 U.S.C. 3501-3510](/usc/16/3501-3510.md)). # §75.614. Preservation of historic sites. - (a) A grantee must describe the relationship of the proposed construction to, and probable effect on, any district, site, building, structure, or object that is— - (1) Included in the National Register of Historic Places; or - (2) Eligible under criteria established by the Secretary of the Interior for inclusion in the National Register of Historic Places. - (b) **In deciding whether to approve a construction project, the Secretary considers—** - (1) The information provided by the grantee under [paragraph (a)](#a) of this section; and - (2) **Any comments received by the Advisory Council on Historic Preservation (see 36 CFR part 800).** # §75.615. Build America, Buy America Act. A grantee must comply with the requirements of the Build America, Buy America Act, Pub. L. 117-58, [§ 70901 through 70927](/cfr/34/70901..70927.md) and implementing regulations, as applicable. # §75.616. Energy conservation. - (a) To the extent practicable, a grantee must design and construct facilities to maximize the efficient use of energy. A grantee that is constructing a new school building or conducting a major rehabilitation of a school building may evaluate life-cycle costs and benefits of highly efficient, all-electric systems or a net zero energy project in the early design phase. - (b) A grantee must comply with ASHRAE 90.1-2022 in their construction project. - (c) ANSI/ASHRAE/IES Standard 90.1-2022 (I-P), Energy Standard for Sites and Buildings Except Low-Rise Residential Buildings (I-P Edition), 2022 (“ASHRAE Standard 90.1-2022”), is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. [552(a)](/usc/5/552.md?p=a) and [1](/usc/5/1.md) CFR [part 51](/cfr/34/part51.md). This material is available for inspection at the Department of Education (the Department) and at the National Archives and Records Administration (NARA). Contact the Department at: Department of Education, 400 Maryland Avenue SW, room 4C212, Washington, DC, 20202-8472; phone: (202) 245-6776; email: EDGAR@ed.gov. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email fr.inspection@nara.gov. The material may be obtained from the American Society of Heating, Refrigerating, and Air Conditioning Engineers (ASHRAE) at American Society of Heating, Refrigerating, and Air Conditioning Engineers, Inc., 180 Technology Parkway, Peachtree Corners, GA 30092; www.ashrae.org; 404-636-8400. # §75.617. Access for individuals with disabilities. A grantee must comply with the following Federal regulations on access by individuals with disabilities that apply to the construction of facilities: - (a) **For residential facilities—** [24 CFR part 40](/cfr/24/part40.md). - (b) **For non-residential facilities—** [41 CFR 102-76.60 to 102-76.95](/cfr/41/102-76.60..102-76.95.md).