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Code of Federal Regulations Title 34. Education § 34.367.62 What requirements apply if the State's non–Federal share is in cash?

Current as of January 02, 2025 | Updated by Findlaw Staff

(a) Expenditures that meet the non–Federal share requirements of 2 CFR 200.306 may be used to meet the non–Federal share matching requirement. Expenditures used as non–Federal share must also meet the following requirements:

(1) The expenditures are made with funds made available by appropriation directly to the DSA or with funds made available by allotment or transfer from any other unit of State or local government;

(2) The expenditures are made with cash contributions from a donor that are deposited in the account of the DSA in accordance with State law for expenditure by, and at the sole discretion of, the DSA for activities authorized by § 367.3;  or

(3) The expenditures are made with cash contributions from a donor that are earmarked for meeting the State's share for activities listed in § 367.3;

(b) Cash contributions are permissible under paragraph (a)(3) of this section only if the cash contributions are not used for expenditures that benefit or will benefit in any way the donor, an individual to whom the donor is related by blood or marriage or with whom the donor has a close personal relationship, or an individual, entity, or organization with whom the donor shares a financial interest.

(c) The receipt of a subaward or contract under section 752(g) of the Act from the DSA is not considered a benefit to the donor of a cash contribution for purposes of paragraph (b) of this section if the subaward or contract was awarded under the State's regular competitive procedures. The State may not exempt the awarding of the subaward or contract from its regular competitive procedures.

(d) For purposes of this section, a donor may be a private agency, a profit-making or nonprofit organization, or an individual.

(Authority:  Section 752(f) of the Rehabilitation Act of 1973, as amended;  29 U.S.C. 796k(f))

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Cite this article: FindLaw.com - Code of Federal Regulations Title 34. Education § 34.367.62 What requirements apply if the State's non–Federal share is in cash? - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-34-education/cfr-sect-34-367-62/

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