76.564—Restricted indirect cost rate—formula.
        
        (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)
    
        
        (b) 
         General management costs, fixed costs, and other expenditures must be determined under  §§ 76.565 through 76.567.
    
    
        
        (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  34 CFR 80.3) or a grantee subject to  34 CFR 75.563 that is not a State or local government agency may use—
    
    
    
        
        (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.
    
    
        
        (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.