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shall maintain such progress and fiscal records, and file with the Secretary such progress and fiscal reports relating to the conduct and results of the approved project and the use of grant funds as the Secretary may prescribe. Such records shall be retained, as follows:

(1) Records may be destroyed 3 years after the end of the budget period if the grantee has been notified of the completion of the Federal audit by such time.

(2) If the grantee has not been so notified, such records shall be retained until the grantee is notified of the completion of the Federal audit or until 5 years following the end of the budget period whichever comes first.

(3) In all cases where audit questions have arisen before the expiration of such 5-year period, records shall be retained until resolution of all such questions.

(b) Inspection and audit. Any application for a grant award filed pursuant to § 87.12 shall constitute the consent of the applicant to inspections at reasonable times by persons designated by the Secretary of the facilities, equipment and other resources of the applicant and to interviews with principal staff members to the extent such resources and personnel will be, or are, involved in the project. In addition, the acceptance of any grant award under § 87.14 shall constitute the consent of the grantee to inspections and fiscal audit by such persons of the supported activity and of progress and fiscal records relating to the approved project.

§ 87.25 Nondiscrimination.

Attention is called to the requirements of title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 2000d et seq.) and in particular section 601 of such act which provides that no person in the United States shall, on account of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Regulations implementing title VI have been issued by the Secretary of Health, Education,

and Welfare with the approval of the President (45 CFR Part 80) and apply with respect to research or demonstration project grants awarded under this part.

§ 87.26 Other conditions.

The Secretary may with respect to any grant award or class of awards impose additional conditions prior to or at the time of any award when in his judgment such conditions are necessary to assure or protect advancement of the approved project or the conservation of grant funds.

Subpart D-Grantee Accountability

§ 87.30 Date of final accounting.

In addition to such other accounting as the Secretary may require, a grantee shall render, with respect to each approved project, a full accounting as provided herein, as of a termination date which shall be either (a) the end of the project period as determined pursuant to § 87.13(b) or its extension as provided in § 87.20(c), or (b) the date of any termination of grant support pursuant to Subpart M of 45 CFR Part 74, whichever first occurs.

[37 FR 22864, Oct. 26, 1972, as amended at 38 FR 26199, Sept. 19, 1973]

§ 87.31 Accounting for grant award pay

ments.

With respect to each approved project the grantee shall account for the sum total of all amounts paid under § 87.14(h) by presenting or otherwise making available vouchers or any other evidence satisfactory to the Secretary of expenditures for direct and indirect costs meeting the requirements of § 87.14: Provided, however, That where the amount awarded for indirect cost was based on a predetermined fixed-percentage of estimated direct costs, the amount allowed for indirect costs shall be computed on the basis of such predetermined fixedpercentage rates applied to the total, or a selected element thereof, of the reimbursable direct costs incurred.

§§ 87.32-87.33 [Reserved]

§ 87.34 Final settlement.

There shall be payable to the Federal Government as final settlement with respect to each approved project the total sum of (a) any amount not accounted for pursuant to § 87.31, and (b) any other amounts due pursuant to Subparts F, M, and O of 45 CFR Part 74. Such total sum shall constitute a debt owed by the grantee to the Federal Government and shall be recovered from the grantee or its successors or assignees by setoff or other action as provided by law.

[38 FR 26200, Sept. 19, 1973] Subpart E-Applicability of 45 CFR Part 74-HEW Administrative Requirements and Cost Principles

AUTHORITY: 5 U.S.C. 301; sec. 215, 58 Stat. 690, as amended (42 U.S.C. 216). Reorg. Plan No. 3 of 1966, 31 FR 8855, 3 CFR 1966-1970 Comp. Office of Management and Budget Circular A-102, A-87, and A-21.

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§ 87.40 Grants to State and local governments.

M

Grant Closeout, Suspension, and Termination.

SOURCE: 38 FR 26199, Sept. 19, 1973, unless otherwise noted.

The provisions of 45 CFR Part 74,

O Property.

Q Cost Principles.

SUBCHAPTER H-LEAD-BASED PAINT POISONING PREVENTION

PART 90-LEAD-BASED PAINT POISONING PREVENTION IN FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION

Sec.

90.1 Scope. 90.2

Definitions.

90.3 Federal construction; prohibition against use of lead-based paint.

90.4 Federally assisted construction; prohibition against use of lead-based paint. 90.5 Reports to the Secretary.

AUTHORITY: Sec. 401, 84 Stat. 2079; 42 U.S.C. 4831.

SOURCE: 37 FR 4915, Mar. 7, 1972, unless otherwise noted.

§ 90.1 Scope.

The regulations of this part are promulgated to implement section 401 of the Lead-Based Paint Poisoning Prevention Act, which directs the Secretary of Health, Education, and Welfare to take such steps and impose such conditions as may be necessary or appropriate to prohibit the use of lead-based paint in residential structures constructed or rehabilitated by the Federal Government or with Federal assistance in any form. The regulations are applicable to all Federal agencies.

§ 90.2 Definitions.

Any term not defined herein shall have the meaning given it by the Act. (a) "Act" means the Lead-Based Paint Poisoning Prevention Act (Pub. L. 91-695, 84 Stat. 2078).

(b) “Secretary” means the Secretary of Health, Education, and Welfare and any other officer or employee of the Department of Health, Education, and Welfare to whom the authority involved may be delegated.

(c) "Federal agency" means the United States and all executive departments, independent establishments, administrative agencies and instrumentalities of the United States, including corporations in which all or

substantially all of the stock is beneficially owned by the United States or by any of the foregoing departments, establishments, agencies and instrumentalities.

(d) "Agency Head" means the principal official of a Federal agency and includes those persons duly authorized to act in his behalf.

(e) "Lead-based paint" means any paint containing more than 1 per centum lead by weight (calculated as lead metal) in the total nonvolatile content of liquid paints or in the dried film of paint already applied.

(f) "Residential structure" means any house, apartment, or structure intended for human habitation including any institutional structure where persons reside such as an orphanage, boarding school dormitory, day care center, or extended-care facility.

(g) "Applicable surfaces" means all interior surfaces and those exterior surfaces, such as stairs, decks, porches, railings, windows, and doors, which readily accessible to children under 7 years of age.

are

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identification and elimination of the hazards of lead-based paint poisoning. § 91.2 Definitions.

As used in this part:

(a) "Act" means the Lead-Based Paint Poisoning Prevention Act, Pub. L. 91-695 (42 U.S.C. 4801 et seq.; 84 Stat. 2078).

(b) "Secretary" means the Secretary of Health, Education, and Welfare and any other officer or employee of the Department of Health, Education, and Welfare to whom the authority involved has been delegated.

(c) "State" means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.

(d) "Unit of general local government" means (1) any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State; (2) any combination of units of general local government in one or more States; (3) an Indian tribe; or (4) with respect to lead-based poisoning elimination activities in their urban areas, the territories and possessions of the United States.

(e) "Lead-based paint" means any paint containing more than 1 per centum lead by weight (calculated as lead metal) in the total nonvolatile content of liquid paints or in the dried film of paint already applied.

§ 91.3 Eligible applicants.

Any unit of general local government is eligible to apply for a grant under this part.

§ 91.4 Form and manner of application.

(a) An application for a grant under this part shall be submitted to the Secretary in such form and manner and at such time as the Secretary may prescribe. 1

'Applications and instructions may be obtained from the Regional Health Director of the Health Services and Mental Health Administration at the Regional Office of the Department of Health, Education, and Welfare for the region in which the project is to be conducted.

(b) The application shall be executed by an individual authorized to act for the applicant and to assume on behalf of the applicant the obligations imposed by the terms and conditions of any award, including the regulations of this part.

(c) The application shall contain a budget and narrative plan of the manner in which the applicant intends to conduct the project and carry out the requirements of this part, and shall clearly identify the respective amounts of grant funds to be utilized under title I and title II of the act.

(d) Prior to submission of the application to the Secretary, reasonable opportunity for review and comment with respect to the application shall be afforded to the appropriate State comprehensive health planning agency designated pursuant to section 314(a) of the Public Health Service Act (42 U.S.C. 246(a)) and to the appropriate areawide health planning agency, if any established pursuant to section 314(b) of the Public Health Service Act (42 U.S.C. 246(d)).

§ 91.5 Description of program.

An application for a grant under this part shall set forth a description of the proposed lead-based poisoning prevention program, which shall include:

(a) A description of the applicant's legal authority and responsibility for the administration of such program, together with a description of the steps which the applicant proposes to take in order to obtain any legal authority which is necessary for the administration of such program but which is not currently available to the applicant.

(b) A description of the applicant's administrative organization, procedures, facilities, financial, and other resources, and staff, together with plans for changes or development, including additional staffing, necessary to carry out the programs efficiently and effectively.

(c) A description of the nature, effects and extent of the actual and potential local lead-based paint poisoning problem, including an identification of the major areas and population affected by lead-based paint poisoning,

and the methods used in determining the nature, effect and extent of the lead-based paint poisoning problem.

(d) The overall objectives of the program (including immediate and longrange objectives) which must be appropriate to the solution of the leadbased paint poisoning problem identified in paragraph (c) of this section.

(e) A description of the manner in which the proposed program will be integrated with existing health service and housing programs.

(f) A description of the involvement of residents of the area to be served by the proposed program in the development of such program.

(g) A description of a comprehensive program for the detection and treatment of incidents of lead-based paint poisoning and for the identification and elimination of the hazards of leadbased paint poisoning, which program must include specific measures taken or to be taken to accomplish the objectives identified pursuant to paragraph (d) of this section, and a schedule for their accomplishment. The program shall emphasize screening and detection activities, and shall include:

(1) The development of effective informational programs designed to develop awareness of the problem among the population of the communities affected;

(2) Community self-help programs to enable residents to remove leadbased paint poisoning hazards from the residential community;

(3) To the maximum extent feasible, opportunities for training, education, and employment of the residents of communities affected by lead-based paint poisoning, and shall include a program for providing information which may be necessary to inform such residents of opportunities for employment in the lead-based paint elimination program;

(4) Establishment of lead-based paint poisoning screening services at such locations and at such times as to be easily accessible to the residents of the communities identified as needing such services;

(5) An intensified community followup program to insure that children with blood lead levels of over 40 micro

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