Department of Justice
grants and subgrants even if para-
graphs (c) through (f) of this section do
not.
(c) Budget changes—(1) Nonconstruc-
tion projects. Except as stated in other
regulations or an award document,
grantees or subgrantees shall obtain
the prior approval of the awarding
agency whenever any of the following
changes is anticipated under a non-
construction award:
di) Any revision which would result
in the need for additional funding.
(ii) Unless waived by the awarding
agency, cumulative transfers among di-
rect cost categories, or, if applicable,
among separately budgeted programs,
projects, functions, or activities which
exceed or are expected to exceed ten
percent of the current total approved
budget, whenever the awarding agen-
cy’s share exceeds $100,000.
(iii) Transfer of funds allotted for
training allowances (i.e., from direct
payments to trainees to other expense
categories).
(2) Construction projects. Grantees and
subgrantees shall obtain prior written
approval for any budget revision which
would result in the need for additional
funds.
(3) Combined construction and non-
construction projects. When a grant or
subgrant provides funding for both con-
struction and nonconstruction activi-
ties, the grantee or subgrantee must
obtain prior written approval from the
awarding agency before making any
fund or budget transfer from non-
construction to construction or vice
versa,
(d) Programmatic changes. Grantees or
subgrantees must obtain the prior ap-
proval of the awarding agency when-
ever any of the following actions is an-
ticipated:
(1) Any revision of the scope or objec-
tives of the project (regardless of
whether there is an associated budget
revision requiring prior approval).
(2) Need to extend the period of avail-
ability of funds.
(8) Changes in key persons in cases
where specified in an application or a
erant award. In research projects, a
change in the project director or prin-
cipal investigator shall always require
approval unless waived by the award-
ing agency.
§ 66.31
(4) Under nonconstruction projects,
contracting out, subgranting (if au-
thorized by law) or otherwise obtaining
the services of a third party to perform
activities which are central to the pur-
poses of the award. This approval re-
quirement is in addition to the ap-
proval requirements of §66.36 but does
not apply to the procurement of equip-
ment, supplies, and general support
services.
(e) Additional prior approval require-
ments. The awarding agency may not
require prior approval for any budget
revision which is not described in para-
graph (c) of this section.
(f) Requesting prior approval. (1) A re-
quest for prior approval of any budget
revision will be in the same budget for-
mal the grantee used in its application
and shall be accompanied by a nar-
rative justification for the proposed re-
vision.
(2) A request for a prior approval
under the applicable Federal cost prin-
ciples (see §66.22) may be made by let-
ter.
(3) A request by a subgrantee for
prior approval will be addressed in
writing to the grantee. The grantee
will promptly review such request and
shall approve or disapprove the request
in writing. A grantee will not approve
any budget or project revision which is
inconsistent with the purpose or terms
and conditions of the Federal grant to
the grantee. If the revision, requested
by the subgrantee would result in a
change to the grantee’s approved
project which requires Federal prior
approval, the grantee will obtain the
Federal agency’s approval before ap-
proving the subgrantee’s request.
§66.31 Real property.
(a) Title. Subject to the obligations
and conditions set forth in this section,
title to real property acquired under a
grant or subgrant will vest upon acqui-
sition in the grantee or subgrantee re-
spectively.
(b) Use. Except as otherwise provided
by Federal statutes, real property will
be used for the originally authorized
purposes as long as needed for that pur-
poses, and the grantee or subgrantee
shall not dispose of or encumber its
title or other interests.
203
