The Strengthening Historically Black Colleges and Universities Program, hereafter called the HBCU Program, provides grants to Historically Black Colleges and Universities (HBCUs) to assist these institutions in establishing and strengthening their physical plants, academic resources and student services so that they may continue to participate in fulfilling the goal of equality of educational opportunity.

(Authority: 20 U.S.C. 1060)

(a) To be eligible to receive a grant under this part, an institution must—

(1) Satisfy section 322(2) of the Higher Education Act of 1965, as amended (HEA);

(2) Be legally authorized by the State in which it is located—

(i) To be a junior or community college; or

(ii) To provide an educational program for which it awards a bachelor's degree; and

(3) Be accredited or preaccredited by a nationally recognized accrediting agency or association.

(b) The Secretary has determined that the following institutions satisfy section 322(2) of the HEA.

Alabama Alabama A&M University-Huntsville Alabama State University—Montgomery Carver State Technical College—Mobile Concordia College—Selma Fredd State Technical College—Tuscaloosa J.F. Drake State Technical College—Huntsville S.D. Bishop State Junior College—Mobile Lawson State College—Birmingham Miles College—Birmingham Oakwood College—Huntsville Selma University—Selma Stillman College—Tuscaloosa Talladega University—Talladega Trenholm State Technical College—Montgomery Tuskegee University—Tuskegee Arkansas Arkansas Baptist College—Little Rock Philander Smith College—Little Rock Shorter College—Little Rock University of Arkansas at Pine Bluff—Pine Bluff Delaware Delaware State College—Dover District of Columbia Howard University University of the District of Columbia Florida Bethune Cookman College—Daytona Beach Edward Waters College—Jacksonville Florida A&M University—Tallahassee Florida Memorial College—Miami Georgia Albany State College—Albany Atlanta University—Atlanta Clark College—Atlanta Fort Valley State College—Fort Valley Interdenominational Theological Center—Atlanta Morehouse College—Atlanta Morris Brown College—Atlanta Paine College—Augusta Savannah State College—Savannah Spelman College—Atlanta Kentucky Kentucky State University—Frankfurt Louisiana Dillard University—New Orleans Grambling State University—Grambling Southern University A&M College—Baton Rouge Southern University at New Orleans—New Orleans Southern University at Shreveport—Shreveport Xavier University of Louisiana—New Orleans Maryland Bowie State College—Bowie Coppin State College—Baltimore Morgan State University—Baltimore University of Maryland-Eastern Shore—Princess Anne Michigan Lewis College of Business—Detroit Mississippi Alcorn State University—Lorman Coahoma Junior College—Clarksdale Jackson State University—Jackson Mary Holmes College—West Point Mississippi Valley State University—Itta Bena Prentiss Normal and Industrial Institute—Prentiss Rust College—Holly Springs Tougaloo College—Tougaloo Hinds Junior College (Utica Jr Coll)—Raymond Missouri Lincoln University—Jefferson City Harris-Stowe State College—St. Louis North Carolina Barber-Scotia College—Concord Bennett College—Greensboro Elizabeth City State University—Elizabeth City Fayetteville State University—Fayetteville Johnson C. Smith University—Charlotte Livingstone College—Salisbury North Carolina A&T State University—Greensboro North Carolina Central University—Durham Saint Augustine's College—Raleigh Shaw University—Raleigh Winston-Salem State University—Winston Salem Ohio Central State University—Wilberforce Wilberforce University—Wilberforce Oklahoma Langston University—Langston Pennsylvania Cheyney State University—Cheyney Lincoln University—Lincoln South Carolina Allen University—Columbia Benedict College—Columbia Claflin College—Orangeburg Clinton Junior College—Rock Hill Denmark Technical College—Denmark Morris College—Sumter South Carolina State College—Orangeburg Voorhees College—Denmark Tennessee Fisk University—Nashville Knoxville College—Knoxville Lane College—Jackson LeMoyne-Owen College—Memphis Meharry Medical College—Nashville Morristown College—Morristown Tennessee State University—Nashville Texas Huston-Tillotson College—Austin Jarvis Christian College—Hawkins Paul Quinn College—Waco Prairie View A&M University—Prairie View Saint Philip's College—San Antonio Southwestern Christian College—Terrell Texas College—Tyler Texas Southern University—Houston Wiley College—Marshall U.S. Virgin Islands College of the Virgin Islands—St. Thomas Virginia Hampton University—Hampton Norfolk State University—Norfolk Saint Paul's College—Lawrenceville Virginia State University—Petersburg Virginia Union University—Richmond West Virginia Bluefield State College—Bluefield West Virginia State College—Institute

(c) If an institution identified in paragraph (b) of this section has merged with another institution, and, as a result of the merger, would not otherwise qualify to receive a grant under this part, that institution may nevertheless qualify to receive a grant under this part if—

(1) The institution would have qualified to receive a grant before the merger; and

(2) The institution was eligible to receive a grant under the Special Needs Program in any fiscal year prior to fiscal year 1986. (The Special Needs Program was authorized under Title III, Part B, of the HEA before 1986.)

(d) For the purpose of paragraph (a)(3) of this section, the Secretary publishes a list in the Federal Register of nationally recognized accrediting agencies and associations.

(e) Notwithstanding any other provision of this section, for each fiscal year—

(1) The University of the District of Columbia is eligible to receive a grant under this part only if the amount of the grant it is scheduled to receive under § 608.31 exceeds the amount it is scheduled to receive in the same fiscal year under the District of Columbia Self-Government and Governmental Reorganization Act; and

(2) Howard University is eligible to receive a grant under this part only if the amount of the grant it is scheduled to receive under § 608.31 exceeds the amount it is scheduled to receive in the same fiscal year under the Act of March 2, 1867, 20 U.S.C. 123.

(Authority: 20 U.S.C. 1061, 1063, and 1063a; House Report 99-861, 99th Cong., 2d Sess. p. 367, September 22, 1986; Senate Report 99-296, 99th Cong., 2d Sess. p. 23, May 12, 1986; Cong. Rec. of June 3, 1986, pp. 6588-6589)

The following regulations apply to this part:

(a) The Department of Education General Administrative Regulations (EDGAR) as follows:

(1) [Reserved]

(2) The following sections of 34 CFR part 75 (Direct Grant Programs): §§ 75.1-75.104, 75.125-75.129, 75.190-75.192, 75.230-75.261, 75.500, 75.510-75.519, 75.524-75.534, 75.580-75.903, and 75.910;

(3) 34 CFR part 77 (Definitions that Apply to Department Regulations).

(4) 34 CFR part 79 (Intergovernmental Review of Department of Education Programs and Activities).

(5) 34 CFR part 82 (New Restrictions on Lobbying).

(6) [Reserved]

(7) 34 CFR part 86 (Drug-Free Schools and Campuses).

(b) The regulations in this part 608.

(c)(1) 2 CFR part 180 (OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)), as adopted at 2 CFR part 3485; and

(2) 2 CFR part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), as adopted at 2 CFR part 3474.

(Authority: 20 U.S.C. 1060-1063a, 1063c) [58 FR 38713, July 20, 1993, as amended at 79 FR 76101, Dec. 19, 2014]

(a) General definitions. The following terms used in this part are defined in 2 CFR part 200, subpart A, or 34 CFR 77.1:

Applicant Application Award Budget EDGAR Equipment Fiscal year Grant period Private Project period Public Secretary

(b) Other definitions. The following definitions also apply to this part:

Accredited means the status of public recognition which a nationally recognized accrediting agency or association grants to an institution which meets certain established qualifications and educational standards.

Graduate means a student who has attended an institution for at least three semesters and fulfilled academic requirements for undergraduate studies in not more than five consecutive school years.

Junior or community college means an institution of higher education that—

(i) Admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located and who have the ability to benefit from the training offered by the institution;

(ii) Does not provide an educational program for which it awards a bachelor's degree or an equivalent degree; and

(iii) Provides an educational program of not less than 2 years that is acceptable for full credit toward such a degree; or offers a 2-year program in engineering, mathematics, or the physical or biological sciences, designed to prepare a student to work as a technician or at the semiprofessional level in engineering, scientific, or other technological fields requiring the understanding and application of basic engineering, scientific, or mathematical principles of knowledge.

Pell Grant means the grant program authorized by Title IV-A-1 of the Higher Education Act of 1965, as amended.

Preaccredited means a status, also called candidacy status, that a nationally recognized accrediting agency or association, recognized by the Secretary to grant that status, has accorded an unaccredited institution that is making reasonable progress toward accreditation.

School year means the period of time from July 1 of one calendar year through June 30 of the subsequent calendar year. (A “school year” is equivalent to an “award year” under the Pell Grant Program.)

(Authority: 20 U.S.C. 1060-1063) [58 FR 38713, July 20, 1993, as amended at 79 FR 76101, Dec. 19, 2014]