§ 59.12

Termination of grant award.

(a) Any grant award may be terminated by the Surgeon General in whole or in part at any time within the project period, after affording the grantee reasonable notice and opportunity for a hearing, whenever the Surgeon General finds that in his judgment the grantee has failed in a substantial respect to comply with the condition of the grant or the requirements and conditions of this part, or both.

(b) Upon termination pursuant to the paragraph (a) of this section, grantee shall render an accounting and final statement as provided in this part. The Surgeon General may allow credit for the amount required to settle at minimum costs any noncancellable obligations properly incurred by the grantee prior to receipt of notice of termination, if he finds that the grantee had good cause for the failure.

In addition to such other accounting as the Surgeon General may require, the grantee shall render with respect to each approved project a full account as provided herein, as of the termination date which shall be either (a) the end of the project period, or (b) the date of any termination of grant support as provided in § 59.12, whichever occurs first. § 59.14 Accounting for grant payments.

(a) With respect to each approved project, the grantee shall account for the total of all amounts paid under § 59.10 by presenting or otherwise making available vouchers or other evidence satisfactory to the Surgeon General of actual expenditures for the project.

(b) Total grant expenditures shall not exceed two-thirds of the acceptable actual costs of the approved project with respect to which the grant is made as evidenced in the final accounting.

§ 59.15 Accounting for equipment, materials or supplies.

Expenditures of grant funds for movable or fixed equipment, materials or supplies, termed in this section "materials," may be charged to grant funds only to the extent such materials are required for the conduct of the approved project during the period for which Federal financial support is provided. Any materials on hand on the termination date of the project (excluding expendable

supplies within such limitations as the Surgeon General may prescribe) shall be accounted for by one or a combination of the following methods:

(a) Materials may be used by the grantee, without adjustment of accounts, for purposes within the grantee's solidwaste disposal program and no other accounting for such materials shall be required: Provided, however, (1) That during such period of use no charge for depreciation, amortization or for other use of the materials shall be made against any existing or future Federal grant or contract, and (2) if within the period of their useful life the materials are transferred by sale or otherwise for use outside the scope of the solid-waste disposal program, the proportionate fair market value at the time of transfer shall be payable to the United States.

(b) The materials may be sold by the grantee and the proportion of net proceeds of sale equal to the proportion of Federal participation in the cost of the materials paid to the United States, or they may be used or disposed of in any manner by the grantee by paying to the United States such proportion of their fair market value on the termination date. To the extent materials purchased from grant funds have been used for credit or "trade-in" on the purchase of new materials, the accounting obligation shall apply to the same extent to such new materials.

applicant is legally responsible or is under existing law authorized or empowered upon compliance with legal requirements to assume responsibility for the provision of solid-waste disposal services through the geographic area covered by the proposed project, or if the applicant is authorized to perform such studies and investigations for any such municipalities.

(b) No grant shall be made unless the applicant gives assurance satisfactory to the Surgeon General that the proposed project will be coordinated with any statewide plans and programs relating to solid waste disposal.

§ 59.18

Determining the desirability of study and investigation projects.

In determining the desirability of projects for municipal and regional studies and investigations as authorized by section 204 of the Act, the Surgeon General shall in addition to factors mentioned in § 59.7 give consideration to the following:

(a) The regional scope of the project;

(b) The likelihood that the project will lead to a demonstration of new and improved solid-waste disposal methods, devices or techniques;

(c) The relation of the estimated cost of the project to the necessity for and the benefits to be derived from the project.

§ 59.19 Studies and investigations of national value.

Grants for the support of studies or investigations of particular solid wastes, solid-waste disposal problems, practices and techniques as authorized by section 204 of the Act shall, in addition to any other requirements of this part, be subject to the following limitation; no grant shall be made unless the applicant gives assurance satisfactory to the Surgeon General that the findings of the proposed studies and investigations would be of significant national value in solid-waste disposal practices or programs.

the Surgeon General that open dumping or open burning of solid wastes is not authorized or is prohibited by law within the jurisdiction in which applicant proposes to conduct the demonstration; except that if such assurance cannot be given, the applicant:

(1) If a unit of Government responsible for enforcement of laws and regulations relating to solid-waste disposal practices, sets forth a schedule acceptable to the Surgeon General for the elimination of open dumping or open burning within its jurisdiction, or

(2) If not a unit of Government responsible for enforcing laws and regulations relating to solid-waste disposal practices, submits such a schedule officially adopted by the responsible unit of Government.

(b) No grant shall be made for any project which includes the construction of any facility unless the applicant has made provision satisfactory to the Surgeon General for assuring proper and efficient operation and maintenance of the facility after completion of the construction thereof.

§ 59.21 Determining the desirability of demonstration projects.

In determining the desirability of projects for demonstrations of new and improved solid-waste disposal methods, devices and techniques as authorized by section 204 of the Act, the Surgeon General shall in addition to factors mentioned in § 59.7 give consideration to the following:

(a) The relation of the estimated cost of the project to the necessity for and the benefits to be derived from the project;

(b) The responsibility of the applicant for solid-waste disposal;

(c) The potential for general application of the methods, devices, or techniques to be demonstrated.

§ 59.22 State and interstate planning.

Grants in support of State or interstate surveys and planning of solid-waste disposal practices and problems as authorized by section 206 of the Act shall, in addition to any other requirement of this part, be subject to the following limitations:

(a) No grant shall be made for any project in an amount exceeding one-half of the estimated necessary costs of the project, as determined by the Surgeon General, for each of the applicant's fiscal

years during the project period for which the grant is made.

(b) No grant shall be made for any project unless the application sets forth plans for the expenditure of such grant, which assure, to the satisfaction of the Surgeon General, that the project as planned will carry out the purposes of section 206 of the Act.

(c) No grant shall be made for any project unless the application provides for the submission of a final report of the activities of the State or interstate agency in carrying out the purposes of section 206 of the Act through the project and through such agency's other solid-waste disposal activities; and unless the application provides for the submission of such other reports, in such form and containing such information, as the Surgeon General may from time to time require; and unless such application provides for keeping such records and affording such access thereto as the Surgeon General may find necessary to assure the correctness and vertification of such reports.

(d) No grant shall be made for any project unless the applicant gives assurance satisfactory to the Surgeon General that any survey and planning project is directed toward the production of a comprehensive solid-waste disposal plan including agricultural, commercial, industrial, and domestic solid-waste disposal for the entire geographic area of the State, or of the interstate jurisdiction. § 59.23 Single State agency.

Applications for grants for surveys and planning under section 206 of the Act must designate a single State agency (which may be an interdepartmental agency) or, in the case of an interstate agency, such interstate agency, as the sole agency for carrying out the purposes of section 206 of the Act.

§ 59.24 Coordination with planning.

No grant for surveys and planning under section 206 of the Act shall be made unless the applicant gives assurance satisfactory to the Surgeon General:

(a) That in the conduct of the project the applicant shall give consideration to, coordinate the project with, and consult with State agencies which have responsibility for any aspect of planning essential to statewide planning, and in the case of an interstate agency, such agency's jurisdiction-wide planning, for

proper and effective solid-waste disposal consistent with the protection of the public health, including such factors as: (1) population growth,

(2) urban and metropolitan development,

(3) land-use planning,

(4) water pollution control, (5) air pollution control, and (6) the feasibility of regional solidwaste disposal programs:

(b) That in the conduct of the survey the applicant shall give consideration to, and coordinate the project with other related State, interstate, regional and local planning activities, including those financed in whole or in part with funds pursuant to section 701 of the Housing Act of 1954 (40 U.S.C. 461).

Subpart A-Grants for Construction of

Medical Library Facilities

AUTHORITY: The provisions of this Subpart A issued under sec. 392, 79 Stat. 1060; 42 U.S.C. 2806-2; sec. 393, 79 Stat. 1060; 42 U.S.C. 280b-3, and sec. 398, 79 Stat. 1065; 42 U.S.C. 280b-8.

SOURCE: The provisions of this Subpart A appear at 31 F.R. 9499, July 13, 1966, unless otherwise noted.

§ 59a.1 Applicability.

The provisions of this subpart apply to grants for the construction of medical library facilities as authorized by section 393 or section 398 of the Act.

(a) All terms not defined herein shall have the same meaning given them in the Act.

(b) "Act" means the Public Health Service Act, as amended.

(c) "Surgeon General" means the Surgeon General of the Public Health Service and any other officer or employee of the Service to whom he delegates the authority involved.

(d) "Grant" means a grant of funds for the construction of medical library facilities as authorized by the Act.

(e) "Equipment" means those items which are necessary for the functioning of the facilities and which are considered depreciable and as having an estimated life of not less than 5 years. Not included are items of current operating expense such as stationery, binding supplies, catalog cards, or books, pamphlets, and related matter.

§ 59a.3 Eligibility.

In order to be eligible for a construction grant the applicant must:

(a) Meet the requirements of section 393 or section 398 of the Act and

(b) Be located in a State.

§ 59a.4 Application.

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

(b) Execution. The application shall be executed by an individual authorized to act for the applicant and to assume on behalf of the applicant all of the obligations specified in the terms and conditions of the grant including those contained in these regulations in this. subpart.

(c) Plans and specifications. The applicant shall furnish in sufficient detail plans and specifications of the facility to be constructed so as to indicate the nature and purpose of all portions of the facility and the type and quality of any features bearing on the major costs of construction.

(d) Costs. The applicant shall set forth in detail the estimated total costs of construction of the facility and the basis on which such estimate was made.

(e) Capacity and quality of service. The applicant shall furnish information on the extent to which and manner in which the proposed construction will expand the applicant's capacity for medical library services or is necessary to improve or maintain the quality of such service by the applicant or, for the purpose of section 398, will enable it to serve as a regional medical library.

(f) Other information. The applicant shall submit such other information as the Surgeon General may require in order to enable him to act on the application.

§ 59a.5 Approval of grants.

Construction grants under this subpart may be made only if the application therefor is recommended for approval by the National Medical Libraries Assistance Advisory Board and approved by the Surgeon General. The Board shall recommend and the Surgeon General shall approve only applications for facilities which will in their judgment best promote the purposes of the Act. In evaluating applications, the Surgeon General shall give priority to applications for construction of facilities for which the need is greatest taking into consideration

(a) Facility; effective utilization. The provisions made for effective utilization and efficient operation of the proposed facility in order to meet demonstrated needs for additional or improved medical library services.

(b) Existing informational services. The number and geographic distribution of health sciences informational facili

ties and services in the area in which the proposed construction is to take place. (c) Service group; proximity. Proximity to health professional schools and other institutions, organizations, or groups the members or representatives of which are likely to have the greatest need for the expanded or additional facilities.

(d) Contribution to attainment of health objectives. The extent to which the applicant has assumed or can assume continuing obligations for providing medical library services on a scale and/ or of a type such as to contribute materially to the attainment of the broad objectives of the Act.

§ 59a.6 Nondiscrimination.

(a) Attention is called to the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) which provides that no person in the United States shall, on the ground 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 (sec. 601; 42 U.S.C. 2000d). A regulation implementing Title VI has been issued by the Secretary of Health, Education, and Welfare with the approval of the President (45 CFR Part 80). Grants under this subpart provide Federal financial assistance subject to Title VI of the Civil Rights Act and the regulation promulgated pursuant thereto.

(b) Each grant hereunder is subject to the condition that the grantee shall comply with the requirements of Executive Order 11246, 30 F.R. 12319 (Sept. 24, 1965), and the applicable rules, regulations, and procedures prescribed pursuant thereto.

§ 59a.7 Terms, conditions, and assur

ances.

(a) In addition to any other requirements imposed by law or determined by the Surgeon General to be reasonably necessary with respect to particular projects to fulfill the purpose of the grant, each construction grant shall be subject to the following terms, conditions, and assurances to be furnished by the applicant. The Surgeon General may at any time approve exceptions to these terms, conditions, and assurances where he finds that such exceptions are not inconsistent with the Act and the purposes of the program.

(b) The applicant shall have a fee simple or such other estate or interest in the site, including necessary easements and rights-of-way, sufficient to assure for a period of not less than 50 years undisturbed use and possession for the purpose of the construction and operation of the facility.

(c) That all construction shall be permanent construction and designed to carry out the purposes of a medical library or regional medical library and that the Surgeon General's approval of the final working drawings and specifications, which conform to the minimum standards of construction and equipment prescribed in § 57.109 of this Chapter, will be obtained before the project is advertised or placed on the market for bidding.

(d) That applicant will perform actual construction work by the lump sum (fixed price) contract method; employ adequate methods of obtaining competitive bidding prior to awarding the construction contract, either by public advertising or circularizing three or more bidders; and award the contract to the responsible bidder submitting the lowest acceptable bid.

(e) The applicant will enter into no construction contract or contracts for the project or a part thereof, the cost of which is in excess of the estimated cost approved in the application for that portion of the work covered by the plans and specifications, without the prior approval of the Surgeon General, will finance all costs in excess of such estimated cost and will submit to the Surgeon General for prior approval changes that substantially alter the scope of work, functions, utility or safety of the facility.

(f) That applicant will construct the project, or cause it to be constructed, in accordance with the grant application and approved plans and specifications.

(g) That applicant will maintain adequate and separate fiscal records and accounts for all funds provided from any source to pay the cost of the project, and permit audit of such records and accounts at any reasonable time.

(h) That applicant will furnish progress reports and such other information as the Surgeon General may require.

(i) That applicant will provide and maintain competent and adequate architectural or engineering supervision and inspection at the construction site to insure that the completed work con