Link to an amendment published at 89 FR 70338, Aug. 29, 2024.

1. (a) An indirect cost rate for a grant covered by § 76.563 or 34 CFR 75.563 is determined by the following formula:

   Restricted indirect cost rate = (General management costs + Fixed costs) ÷ (Other expenditures)

2. (b) General management costs, fixed costs, and other expenditures must be determined under §§ 76.565 through 76.567.

3. (c) Under the programs covered by § 76.563, a subgrantee of an agency of a State or a local government (as those terms are defined in 2 CFR 200.90 and 200.64, respectively), or a grantee subject to 34 CFR 75.563 that is not a State or local government agency may use—

   1. (1) An indirect cost rate computed under paragraph (a) of this section; or
   2. (2) An indirect cost rate of eight percent unless the Secretary determines that the subgrantee or grantee would have a lower rate under paragraph (a) of this section.

4. (d) Indirect costs that are unrecovered as a result of these restrictions may not be charged directly, used to satisfy matching or cost-sharing requirements, or charged to another Federal award.

   (Authority: 20 U.S.C. 1221e-3(a)(1), 2831(a), 2974(b), and 3474)

[59 FR 59583, Nov. 17, 1994, as amended at 79 FR 76094, Dec. 19, 2014]