Limited waiver authority.

(a) 1890 land-grant institutions: The Secretary may waive the matching funds requirement in § 3419.2 above the 50% level for any fiscal year for an eligible institution of a State if the Secretary determines that the State will be unlikely to satisfy the matching requirement. (b) 1862 land-grant institutions in insular areas: The Secretary may waive up to 100% of the matching funds requirements in § 3419.2 for any fiscal year for an eligible institution in an insular area. (c) The criteria to waive the applicable matching requirement for 1890 land-grant institutions and 1862 land-grant institutions in insular areas is demonstration of one or more of the following: (1) Impacts from natural disaster, flood, fire, tornado, hurricane, or drought; (2) State and/or institution facing a financial crisis; or (3) Lack of matching funds after demonstration of good faith efforts to obtain funds. (d) Approval or disapproval of the request for a waiver will be based on the application submitted, as defined under § 3419.4. [Redesignated and revised at 83 FR 21849, May 11, 2018]