--- kind: "range" citation: "34 C.F.R. §§ 76.125–76.137" title: "34" from: "76.125" to: "76.137" count: 13 url: "https://uscodex.org/cfr/34/76.125..76.137" --- # §76.125. What is the purpose of these regulations? - (a) [Sections 76.125 through 76.137](/cfr/34/76.125..76.137.md) of this part contain requirements for the submission of an application by an Insular Area for the consolidation of two or more grants under the programs described in [paragraph (c)](#c) of this section. - (b) For the purpose of [§§ 76.125-76.137](/cfr/34/76.125-76.137.md) of this part the term Insular Area means the Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands. - (c) The Secretary may make an annual consolidated grant to assist an Insular Area in carrying out one or more State-administered formula grant programs of the Department, consistent with applicable law. # §76.126. What regulations apply to the consolidated grant applications for insular areas? The following regulations apply to those programs included in a consolidated grant: - (a) The regulations in [§§ 76.125 through 76.137](/cfr/34/76.125..76.137.md); and - (b) The regulations that apply to each specific program included in a consolidated grant for which funds are used. # §76.127. What is the purpose of a consolidated grant? An Insular Area may apply for a consolidated grant for two or more State-administered formula grant programs . This procedure is intended to: - (a) Simplify the application and reporting procedures that would otherwise apply for each of the programs included in the consolidated grant; and - (b) Provide the Insular Area with flexibility in allocating the funds under the consolidated grant to achieve any of the purposes to be served by the programs that are consolidated. # §76.128. What is a consolidated grant? A consolidated grant is a grant to an Insular Area for any two or more State-administered formula grant programs. The amount of the consolidated grant is the sum of the allocations the Insular Area receives under each of the programs included in the consolidated grant if there had been no consolidation. # §76.129. How does a consolidated grant work? - (a) An Insular Area shall use the funds it receives under a consolidated grant to carry out, in its jurisdiction, one or more of the programs included in the grant. - (b) An Insular Area shall comply with the statutory and regulatory requirements that apply to each program under which funds from the consolidated grant are expended. # §76.130. How are consolidated grants made? - (a) The Secretary annually makes a single consolidated grant to each Insular Area that meets the requirements of [§§ 76.125 through 76.137](/cfr/34/76.125..76.137.md) and each program under which the grant funds are to be used and administered. - (b) The Secretary may decide that one or more programs cannot be included in the consolidated grant if the Secretary determines that the Insular Area failed to meet the program objectives stated in its plan for the previous fiscal year in which it carried out the programs. - (c) Under a consolidated grant, an Insular Area may use a single advisory council for any or all of the programs that require an advisory council. - (d) **Although Pub.** L. 95-134 authorizies the Secretary to consolidate grant funds that the Department awards to an Insular Area, it does not confer eligibility for any grant funds. The eligibility of a particular Insular Area to receive grant funds under a Federal education program is determined under the statutes and regulations that apply to that program. # §76.131. How does an insular area apply for a consolidated grant? - (a) An Insular Area that desires to apply for a grant consolidating two or more State-administered formula grant programs shall submit to the Secretary an application that: - (1) Contains the assurances in [§ 76.132](/cfr/34/76.132.md); and - (2) **Meets the application requirements in paragraph (c) of this section.** - (b) The submission of an application that contains these requirements and assurances takes the place of a separate State plan or other similar document required by this part or by applicable statutes and regulations for programs included in the consolidated grant. - (c) An Insular Area shall include in its consolidated grant application a program plan that: - (1) Contains a list of the State-administered formula grant programs to be included in the consolidated grant; - (2) Describes the State-administered formula grant programs under which the consolidated grant funds will be used and administered; - (3) Describes the goals, objectives, activities, and the means of evaluating program outcomes for the programs for which the Insular Area will use the funds received under the consolidated grant during the fiscal year for which it submits the application, including needs of the population that will be met by the consolidation of funds; and - (4) **Contains a budget that includes a description of the allocation of funds—** including any anticipated carryover funds of the program in the consolidated grant from the preceding year—among the programs to be included in the consolidated grant. # §76.132. What assurances must be in a consolidated grant application? - (a) An Insular Area shall include in its consolidated grant application assurances to the Secretary that it will: - (1) Follow policies and use administrative practices that will insure that non-Federal funds will not be supplanted by Federal funds made available under the authority of the programs in the consolidated grant; - (2) Comply with the requirements (except those relating to the submission of State plans or similar documents) in the applicable statutes and implementing regulations for the programs under which funds are to be used and administered, (except requirements for matching funds); - (3) Provide for proper and efficient administration of funds in accordance with the authorizing statutes and implementing regulations for those programs under which funds are to be used and administered; - (4) Provide for fiscal control and fund accounting procedures to ensure proper disbursement of, and accounting for, Federal funds received under the consolidated grant; - (5) Submit an annual report to the Secretary containing information covering the program or programs for which the grant is used and administered, including the financial and program performance information required under 2 CFR [200.328](/cfr/2/200.328.md) and [200.329](/cfr/2/200.329.md). - (6) Provide that funds received under the consolidated grant will be under control of, and that title to property acquired with these funds will be in, a public agency, institution, or organization. The public agency shall administer these funds and property; - (7) Keep records, including a copy of the State Plan or application document under which funds are to be spent, which show how the funds received under the consolidated grant have been spent. - (8) Adopt and use methods of monitoring and providing technical assistance to any agencies, organizations, or institutions that carry out the programs under the consolidated grant and enforce any obligations imposed on them under the applicable statutes and regulations. - (9) Evaluate the effectiveness of these programs in meeting the purposes and objectives in the applicable statutes under which program funds are used and administered; - (10) Conduct evaluations of these programs at intervals and in accordance with procedures the Secretary may prescribe; and - (11) Provide appropriate opportunities for participation by local agencies, representatives of the groups affected by the programs, and other interested institutions, organizations, and individuals in planning and operating the programs. - (b) **These assurances remain in effect for the duration of the programs they cover.** # §76.133. What is the reallocation authority? - (a) After an Insular Area receives a consolidated grant, it may reallocate the funds in a manner different from the allocation described in its consolidated grant application. However, the funds cannot be used for purposes that are not authorized under the programs in the consolidated grant under which funds are to be used and administered. - (b) If an Insular Area decides to reallocate the funds it receives under a consolidated grant, it shall notify the Secretary by amending its original application to include an update of the information required under [§ 76.131](/cfr/34/76.131.md). # §76.134. What is the relationship between consolidated and non-consolidated grants? - (a) An Insular Area may request that any State-administered formula grant programs be included in its consolidated grant and may apply separately for assistance under any other of those programs for which it is eligible. - (b) **Those programs that an Insular Area decides to exclude from consolidation—** for which it must submit separate plans or applications—are implemented in accordance with the applicable applicable statutes and regulations. The excluded programs are not subject to the provisions for allocation of funds among programs in a consolidated grant. # §76.135. Are there any requirements for matching funds? The Secretary waives all requirements for matching funds for those programs that are consolidated by an Insular Area in a consolidated grant application. # §76.136. Under what programs may consolidated grant funds be spent? Insular Areas may only use and administer funds under State-administered formula grant programs during a fiscal year for which the Insular Area is entitled to receive funds under an appropriation for that program. # §76.137. How may carryover funds be used under the consolidated grant application? Any funds under any applicable program which are available for obligation and expenditure in the year succeeding the fiscal year for which they are appropriated must be obligated and expended in accordance with the consolidated grant application submitted by the Insular Area for that program for the succeeding fiscal year.