(a) In any State in which the Secretary has approved the State plan required by section 704 of the Act, an applicant may receive a grant under subpart C or D of this part, as applicable, if the applicant demonstrates in its application submitted pursuant to Sec. 366.21, 366.24, 366.33, 366.35, or 366.36 that it--
(1) Has the power and authority to--
(i) Carry out the purpose of part C of title VII of the Act and perform the functions listed in section 725(b) and (c) of the Act and subparts F and G of this part within a community located within that State or in a bordering State; and
(ii) Receive and administer--
(A) Funds under this part;
(B) Funds and contributions from private or public sources that may be used in support of a center; and
(C) Funds from other public and private programs; and
(2) Is able to plan, conduct, administer, and evaluate a center consistent with the standards and assurances in section 725(b) and (c) of the Act and subparts F and G of this part.
(b) An applicant that meets the requirements of paragraph (a) of this section is eligible to apply as a new center under Secs. 366.24 or 366.36 if it--
(1) Is not receiving funds under part C of chapter 1 of title VII of the Act; or
(2) Proposes the expansion of an existing center through the establishment of a separate and complete center (except that the governing board of the existing center may serve as the governing board of the new center) at a different geographical location; and
(3) Meets the requirements of Sec. 366.24;
(c) A State that received assistance in fiscal year (FY) 1993 to directly operate a center in accordance with section 724(a) of the Act is eligible to continue to receive assistance under this part to directly operate that center for FY 1994 or a succeeding fiscal year if, for the fiscal year for which assistance is sought--
(1) No nonprofit private agency submits and obtains approval of an acceptable application under section 722 or 723 of the Act or Sec. 366.21 or Sec. 366.24 to operate a center for that fiscal year before a date specified by the Secretary; or
(2) After funding all applications so submitted and approved, the Secretary determines that funds remain available to provide that assistance.
(d) Except for the requirement that the center be a private nonprofit agency, a center that is operated by a State that receives assistance under paragraph (a), (b), or (c) of this section shall comply with all of the requirements of part C of title VII of the Act and the requirements in subparts C or D, as applicable, and F of this part.
(e) Eligibility requirements for assistance under subpart B of this part are described in Sec. 366.10. (Approved by the Office of Management and Budget under control number 1820-0018) (Authority: 29 U.S.C. 711(c), 796f-1(b) and (d)(3), 796f-2(b), and796f-3(a)(2) and (b))