---
kind: "section"
citation: "34 C.F.R. § 79.3"
title: "34"
number: "79.3"
heading: "What programs and activities of the Department are subject to these regulations?"
url: "https://uscodex.org/cfr/34/79.3"
---

# §79.3. What programs and activities of the Department are subject to these regulations?

- (a) The Secretary publishes in the Federal Register a list of the Department's programs and activities that are subject to these regulations
- (b) If a program or activity of the Department that provides Federal financial assistance does not have implementing regulations, the regulations in this part apply to that program or activity.
- (c) **The following programs and activities are excluded from coverage under this part—**
  - (1) **Proposed legislation.**
  - (2) **Regulation and budget formulation.**
  - (3) **National security matters.**
  - (4) **Procurement.**
  - (5) **Direct payments to individuals.**
  - (6) Financial transfers for which the Department has no funding discretion or direct authority to approve specific sites or projects.
  - (7) **Research and development that is national in scope.**
  - (8) **Assistance to federally recognized Indian tribes.**
- (d) In addition to the programs and activities excluded in [paragraph (c)](#c) of this section, the Secretary may only exclude a Federal financial assistance program or activity from coverage under this part if the program or activity does not directly affect State or local governments.

## Notes

### Amendments

[48 FR 29166, June 24, 1983, as amended at 51 FR 20824, June 9, 1986; 89 FR 70343, Aug. 29, 2024]

### Authority

Authority: 31 U.S.C. 6506; 42 U.S.C. 3334; and E.O. 12372, unless otherwise noted. Section 79.2 also issued under E.O. 12372.

### Source

Source: 48 FR 29166, June 24, 1983, unless otherwise noted.

### Amendments

[48 FR 29166, June 24, 1983, as amended at 51 FR 20824, June 9, 1986; 89 FR 70343, Aug. 29, 2024]