---
kind: "section"
citation: "34 C.F.R. § 75.602"
title: "34"
number: "75.602"
heading: "Planning the construction."
url: "https://uscodex.org/cfr/34/75.602"
---

# §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)).

## Notes

### Amendments

[89 FR 70331, Aug. 29, 2024]

### 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.

### Amendments

[89 FR 70331, Aug. 29, 2024]