34 C.F.R. § 75.209
Selection criteria based on statutory or regulatory provisions
The Secretary may establish selection criteria and factors based on statutory or regulatory provisions that apply to the authorized program, which may include, but are not limited to, criteria and factors that reflect—
(a) Criteria contained in the program statute or regulations;
(b) Criteria in § 75.210;
(c) Allowable activities specified in the program statute or regulations;
(d) Application content requirements specified in applicable statutes and regulations;
(e) Program purposes, as described in the program statute or regulations; or
(f) Other pre-award and post-award conditions specified in the program statute or regulations.