CFR > Title 34 - Education > SUBTITLE A—Office of the Secretary, Department of Education > PART 79—INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF EDUCATION PROGRAMS AND ACTIVITIES > 79.3—What programs and activities of the Department are subject to these regulations?

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 and identifies which of these are subject to the requirements of section 204 of the Demonstration Cities and Metropolitan Development Act.
(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 (e.g., block grants under Chapter 2 of the Education Consolidation and Improvement Act of 1981).
(7) Research and development national in scope.
(8) Assistance to federally recognized Indian tribes.
(d) In addition to the programs and activities excluded in paragraph (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.
(Authority: E.O. 12372)

Code of Federal Regulations

[48 FR 29166, June 24, 1983, as amended at 51 FR 20824, June 9, 1986]