As used in this part, the following terms shall have the meaning indicated herein below:

(a) "Schools of public health" mean those public or nonprofit schools in the United States or its territories or possessions accredited for the degree of Master of Public Health by a body or bodies recognized by the Surgeon General. The American Public Health Association is recognized by the Surgeon General as such an accrediting body.

(b) "Federally sponsored student" means a full-time student attending a school of public health whose tuition is paid in whole or in part from Federal funds (1) by the Federal Government, (2) by the student or (3) by the school, for the express purpose of defraying the cost of his tuition in the school of public health, but does not include students receiving payments for education and training from the Veterans Administration under P.L. 550 of the 80th Congress or any amendments thereto. For the purpose of computing the number of full-time students a school of public health may include the full-time equivalents of students attending for less then the entire academic year.

(c) "Attending a school of public health" means (1) enrollment in such school or (2) enrollment in the univer

[25 F.R. 9644, Oct. 7, 1960]

§ 58.3 Basis of allocations.

Two-thirds of the funds made available pursuant to section 314(c) (2) of the act for any fiscal year shall be allocated among the schools of public health in the same proportion that the average number of federally sponsored students in each school of public health during the last three fiscal years for which data are available bears to the average total number of federally sponsored students in all schools of public health for that same period. The remaining one-third of such appropriated funds shall be allocated equally among all schools of public health in recognition of the fact that there are essential basic costs in the provision of public health training that do not vary in direct proportion to the number of federally sponsored students. [26 F.R. 4946, June 3, 1961]

§ 58.5 Expenditure of grants.

(a) The amount of Federal grants under this part shall be expended solely for the purposes specified in the approved application (except that funds may be transferred between budget categories without budget revision) and in accordance with the regulations in this part. Any amount not so expended shall be repaid to the U.S. Government.

(b) Grants paid under this part may be used for salaries and necessary travel

expenses of the full-time faculty and staff of the school of public health; for the salary and travel expenses of parttime faculty, consultants, special lecturers, and instructors while providing services for schools of public health; and for costs of operation and maintenance (including expendable supplies) and equipment for the training program in the school of public health. Such funds may not be used for costs of construction (except for minor renovations and repairs), international travel, or for stipends, tuition, fees, or travel expenses of students.

(a) Payments from allocations to a school of public health shall be certified to the Secretary of the Treasury only after an application has been approved and all required reports have been received, and shall not exceed the allocation to such school or the total estimated expenditures of Federal funds for carrying out the terms of the approved application, whichever is the lesser.

(b) Subject to the foregoing limitation, payments shall be made as follows: (1) An initial payment of not to exceed one-half of the school's allocation for the current fiscal year and (2) a second payment (or further payments, if necessary) to follow receipt of the school's request for the balance (or any part of the balance) of its allocation. The second payment will be reduced by any amount of unobligated grant funds in the accounts of the school at the beginning of the fiscal year.

[24 F.R. 1649, Mar. 5, 1959, as amended at 25 F.R. 9644, Oct. 7, 1960]

§ 58.9 Audit.

Audit of the fiscal and other records of the institution that relate to the grant may be made by representatives of the Public Health Service. Records, documents and information available to the school pertinent to the audit shall be accessible for purpose of the audit and shall be retained by the school until completion of the fiscal audit and the resolution of all questions arising therefrom. § 58.10 Termination of grants.

Whenever the Surgeon General finds that a grantee has failed to comply with the regulations of this part or its approved application, he may, on reasonable notice to the grantee, withhold further payments or terminate the grant.

Studies and investigations-Municipal and regional.

59.18 Determining the desirability of study and investigation projects. Studies and investigations of tional value.

59.19

59.20 59.21

59.22

59.23

59.24

Demonstrations.

na

Determining the desirability of dem

onstration projects.

State and interstate planning.

Single State agency.

Coordination with planning.

AUTHORITY: The provisions of this Part 59 issued under 5 U.S.C. 301, secs. 204, 206, 79 Stat. 998, 999; 42 U.S.C. 3253, 3255.

SOURCE: The provisions of this Part 59 appear at 31 F.R. 5180, Mar. 30, 1966, unless otherwise noted.

§ 59.1

Applicability.

The provisions of this part apply only to grants for studies, investigations, and

As used in this part, all terms not defined herein shall have the meaning given them in the Act.

(a) "Act" means the Solid Waste Disposal Act (P.L. 89-272, 79 Stat. 998, 42 U.S.C. 3253).

(b) "Surgeon General" means the Surgeon General of the Public Health Service.

(c) "Applicant" means any public or private nonprofit agency or institution which files an application for a grant under section 204 of the Act; and any State, or any interstate agency, which files an application for a grant under section 206 of the Act.

(d) "Project" means a proposed undertaking: (1) Under section 204 of the Act (i) to study and investigate solidwaste disposal practices; or (ii) to demonstrate new and improved methods of solid waste disposal; or (2) under section 206 of the Act, to survey and plan solidwaste disposal practices within the jurisdiction of a State or of an interstate agency.

(e) "Project period" means the period of time which the Surgeon General finds is reasonably required to carry out a project meriting support by grants under section 204 or section 206 of the Act.

(f) "Region" means (1) a standard metropolitan statistical area as defined by the Bureau of the Budget except as may be determined by the Surgeon General as not being appropriate for the purpose of the grant; or (2) any area that forms an economic and socially related region; taking into consideration such factors as present and future population trends and patterns of urban growth; location of transportation facilities, and systems; and distribution of industrial, commercial, residential, governmental, institutional, and other activities; which in the opinion of the Surgeon General is appropriate for purposes of the grant.

or

(g) "Municipality" means a city, town, borough, county, parish, district, other public body created by or pursuant to State law.

(h) "Demonstration" means a pilot or full-scale activity for demonstrating the feasibility or application of a new or improved solid-waste disposal procedure, process, or system.

§ 59.3 Funds available for grants.

(a) As soon as practicable after funds appropriated for the purposes of sections 204 and 206 of the Act become available in any Federal fiscal year, the Surgeon General shall determine, and may thereafter redetermine, the amount of funds which will be available during such fiscal year for grants for studies and investigations and for demonstrations under section 204 of the Act and for grants for surveys and planning under section 206 of the Act.

(b) The Surgeon General may, from time to time and for such periods of time as he may prescribe, reserve a portion or portions of the funds so determined for grants to categories of projects.

§ 59.4 Application for grants.

(a) An application for a grant shall be submitted on such forms and in such manner as the Surgeon General may prescribe.

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

(c) In addition to any other pertinent information which the Surgeon General may require, each applicant shall submit as part of the application a description of the project in sufficient detail to indicate the nature, duration, purpose, justification, and proposed method of conduct of the project. The description shall, as applicable, describe and indicate the possession of, or set forth a schedule for obtaining, suitable personnel, equipment, facilities, and other necessary resources (including non-Federal funds) for the conduct of the project.

§ 59.5 Grant limitations.

Grants under this part shall be subject to the following limitations:

(a) No grant shall be made with respect to any costs which are not incurred within the approved project period.

(b) No grant shall be made under section 204 of the Act for any project in an amount exceeding two-thirds of the estimated necessary costs of the project, excluding any costs for the construction of facilities, as determined by the Surgeon General, for each of the applicant's fiscal years during the project period for which the grant is made.

(c) No grant or part thereof in support of the cost of construction of any facility shall exceed two-thirds of such cost.

(d) No grant shall be made until the applicant has given assurance satisfactory to the Surgeon General as to the availability of non-Federal funds for the cost of the project and for the other activities of the applicant's solid-waste disposal program not included in the project.

[31 F.R. 5180, Mar. 30, 1966, as amended at 32 F.R. 8295, June 9, 1967]

(a) In addition to any other requirements imposed by or pursuant to those regulations, each grant awarded pursuant to this part shall be subject to the following conditions:

(1) Any funds granted pursuant to this part shall be expended solely for carrying out the approved project.

(2) The grantee shall submit to the Surgeon General for review and prior approval changes in the project that substantially alter the scope or purpose of the project or will result in an increase in cost in excess of the estimated cost approved in the award.

(3) Any grant award pursuant to this part shall be subject to the regulations of the Department of Health, Education, and Welfare as set forth in Title 45 CFR, Parts 6 and 8 as amended relating to inventions and patents and shall comply with the requirements of section 204 (c). Such requirements shall apply to any activity for which grant funds are in fact used whether within the scope of the project as approved or otherwise. Appropriate measures shall be taken by the grantee and by the Surgeon General to assure that no contracts, assignments, or other arrangements inconsistent with the grant obligation are continued or entered into and that all personnel involved in the supported activity are aware of and comply with such obligation. Laboratory notes, related technical data and information pertaining to inventions or discoveries shall be maintained for such periods, and filed with or otherwise made available to the Surgeon General or those he may designate at such times and in such manner, as he may determine necessary to carry out such requirements.

(4) Any grant for a project which involves a Federally assisted construction contract, as defined in Executive Order

11246, September 24, 1965 (30 F.R. 12319), shall be subject to the condition that the grantee shall comply with the requirements of said Executive Order and with applicable rules, regulations, and procedures prescribed pursuant thereto.

(5) No grant for a project which involves construction shall be made unless the Surgeon General finds that the application contains or is supported by reasonable assurance that all laborers and mechanics employed by contractors or subcontractors on projects of the type covered by the Davis-Bacon Act, as amended (40 U.S.C. 276a to 276a-5) will be paid wages at rates not less than those prevailing on similar work in the locality as determined by the Secretary of Labor in accordance with that Act.

(6) The grantee shall provide for and maintain such accounting, budgetary, and other fiscal methods and procedures as are necessary for the proper and efficient administration of the project. The fiscal records shall be so designed to show currently the amount and disposition by the grantee of Federal funds received, the total cost of the project in connection with which such funds were provided, the amount of that portion of the cost of the project supplied by nonFederal sources, the expenditures for the solid-waste disposal program of the grantee not included in the project, and such other records as will facilitate an effective audit. Such records and any other books, documents or papers of the grantee pertinent to the grant received under sections 204 and 206 of the Act shall be accessible for purposes of audit by representatives of the Surgeon General and of the Comptroller General of the United States and shall be maintained until the grantee is notified in writing that the final audit has been completed.

(7) The grantee shall make such reports in such form and containing such information as the Surgeon General may from time to time require to carry out his functions.

(8) The grantee will permit the Surgeon General or his authorized agents, and other persons to have access to any facility constructed as part of a project, and to records pertaining to the operation of such facility at any reasonable time following the completion of construction of such facility.

(b) Attention is called to the requirements of Title VI of the Civil Rights Act

of 1964 (78 Stat. 252; P.L. 88-352) which provides that no person in the United States shall on the grounds 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 (section 601), and to the implementing regulation issued by the Secretary of Health, Education, and Welfare with the approval of the President (45 CFR Part 80).

§ 59.7 Approval of projects; Federal financial aid; criteria.

(a) In determining the desirability, extent of funding, and the priority of a project, the Surgeon General will take into consideration the protection of the public health, the feasibility of the project in the light of the resources to be made available, the necessity for the project, the estimated cost of the project, the probable accomplishment of the project in the light of the project plan, the applicant's expenditures of non-Federal funds for solid-waste disposal programs and activities during the fiscal year immediately preceding the beginning of the project with respect to which a grant is requested, and the applicant's proposed expenditures for solid-waste disposal programs and activities (exclusive of its expenditures for approved project) during each fiscal year of the project period, and its relationship to other elements of the solid-waste disposal program of the applicant.

(b) With respect to any project approved for Federal financial aid, the Surgeon General shall determine the project period during which the project may be supported.

§ 59.8 Grant awards.

(a) Within the limits of funds available for such purposes, the Surgeon General shall make grant awards, in such amount as he may determine (subject to the provisions of § 59.5) to applicants whose projects have been approved for Federal financial aid under § 59.7.

(b) A grant award shall be made by the Surgeon General for either the project period or for such lesser period as he may prescribe in making the award.

(c) Neither the approval of any project nor a grant award shall commit or obligate the United States in any way to make any additional, supplemental or continuation award with respect to any approved project or portion thereof.

§ 59.9 Supplemental and continuation grants.

The Surgeon General may from time to time within the project period, on the basis of an application therefor, make additional grant awards with respect to any approved project where he finds on the basis of such progress, fiscal or other reports as he may require either that (a) the amount of any prior award was less than the amount necessary to carry out the approved project within the period with respect to which the prior award was made (a supplemental grant) or (b) the progress made within the period with respect to which any prior awards were made justifies support for an additional specified portion of the project period (a continuation grant). § 59.10

Payments.

(a) (1) Payments with respect to an approved project shall be made periodically, either in advance or by way of reimbursement, as the Surgeon General may determine, based on the estimated requirements or actual expenditures, respectively, for such period. Such payment shall be increased or decreased by the amount that prior payments are less than or exceed the Federal share of the costs of the approved project.

(2) Supplemental payments in any period may be certified by the Surgeon General upon submission of an application therefor accompanied by a satisfactory justification.

(3) No payment shall be made for any period so long as the applicant fails to comply substantially, as determined by the Surgeon General, with any condition specified in § 59.6 or any other requirement or condition imposed by or pursuant to these regulations, unless the Surgeon General finds that the payment of any amount otherwise payable, or any portion thereof, will be consistent with the purposes of sections 204 or 206 of the Act and the applicant has undertaken to comply with such requirement or condition.