(2) A statement of significant accomplishments of its air pollution control program to date.

(d) In addition to any other pertinent information which the Surgeon General may require, each applicant for the continuance of a maintenance grant shall submit as part of its application:

(1) Revised data obtained since the preceding application regarding weights of pollutant discharge as required under § 56.31 (a) (1), with information to explain net weight changes which have taken place due both to reductions and increases in discharges from existing sources and to increases due to discharges from new sources.

(2) Supplemental data obtained since the preceding application regarding pollutant concentrations in the ambient air, as required under § 56.31 (a) (5).

(3) Data concerning installations, since the preceding application, of air pollution control equipment, or process changes (including changes in combustion practices for generation of heat, power, or waste disposal) instituted for air pollution control purposes, for either new or existing sources, with estimates of total weights of pollutants kept out of the atmosphere by such installations or changes, and of the costs of installation and operation, if available, of these control systems. Specific information on individual installations or process changes which contribute significantly toward achievement of objectives, which represent unique methods for solving difficult problems, or which eliminate a source of major complaint should be included. Addresses where such installations or process changes are located shall be kept on file by the grantee agency.

(4) Data concerning improvements effected in controlling air pollution from mobile sources.

(5) Data concerning sources registered, permits issued, plans reviewed and approved, orders issued, violations prosecuted, injunctions obtained, sources sealed, convictions for violations, and similar regulatory actions and accomplishments, as well as variances granted. Specific information, including the name and address, concerning each variance granted shall be kept on file by the grantee agency.

(6) Information concerning any changes or addition in rules, regulations, or standards employed and any revisions of or amendments to its approved Workable Program.

§ 56.33 Approval of maintenance support; priority.

(a) In determining the desirability of initiating financial assistance for the maintenance of an air pollution control program, the Surgeon General will take into consideration the comments of the appropriate State officials designated pursuant to section 104 of the Act as amended, the feasibility of the program in the light of the resources to be made available and the nature of the air pollution problem, the suitability of the air quality objectives of the program and the feasibility of achieving these with the rules, regulations, and emission standards to be used and with the proposed schedule for their application, the steps taken by the applicant to carry out any applicable recommendations of the Secretary under sections 103 (e) and 105 of the Act.

(b) In determining the desirability of continuing financial assistance for the maintenance of an air pollution control program, the Surgeon General will take into consideration the comments of the appropriate State officials designated pursuant to section 104 of the Act as amended, the progress made toward achieving the program objectives, the prospects of achieving the next scheduled objectives in the light of program accomplishments to date, and the steps taken by the applicant to carry out any applicable recommendations of the Secretary under sections 103 (e) and 105 of the Act.

(c) In approving financial aid for programs approved under paragraph (a) of this section, the Surgeon General will give due consideration to (1) the population, (2) the extent of the actual or potential air pollution problem, and (3) the financial need of the respective applicants.

(d) For the purposes of this section: (1) "Population" means the population residing within the jurisdiction of the applicant according to the latest decennial census data available from the U.S. Bureau of the Census.

(2) "The extent of the actual or potential air pollution problem" will be determined on the basis of (i) motor vehicles per square mile and (ii) value added by manufacturing, within the jurisdiction of the applicant, according to the latest decennial census data available from the U.S. Bureau of the Census.

(3) "Financial need" will be determined on the basis of the reciprocal of

the median family income of families residing within the jurisdiction of the applicant according to the latest decennial census data available from the U.S. Bureau of the Census.

(e) Financial aid for programs approved under paragraph (b) of this section will be given priority by the Surgeon General, from available funds, for amounts not to exceed the amount awarded for the preceding year. Priority for any additional amount requested will be established through consideration of the factors listed in paragraphs (c) and (d) of this section applied to this and all other currently eligible applicants.

(f) In the event that insufficient funds are appropriated and available for all programs potentially eligible for continued maintenance support under paragraph (b) of this section in the amounts awarded for the preceding year, the amount reserved for each, from the available funds, shall be reduced by an equal percentage. Should one or more potentially eligible programs fail to qualify, during such year, for continued maintenance support under paragraph (b) of this section, the amounts reserved for such programs shall be utilized to restore, on an equal percentage basis, the reductions described above in this paragraph. Any funds remaining over and above the amounts required to restore said reductions shall be available to other eligible applicants in accordance with the provisions of paragraphs (c) and (d) of this section.

§ 56.34 Grant awards.

(a) Within the limits of funds available for such purpose, the Surgeon General shall make grant awards, in such amounts as he may determine (subject to the provisions of § 56.21) to applicants whose programs have been approved for Federal financial aid under § 56.33.

(b) A grant award shall be made by the Surgeon General for either 1 year or for such lesser period as he may prescribe in making the award.

(c) The Surgeon General may from time to time within the award period of any grant, on the basis of an application therefore, make supplemental grant awards with respect to any approved program where he finds on the basis of such progress, fiscal or other reports as he may require that the amount of any prior award was less than the amount necessary to carry out the approved program

within the period with respect to which the prior award was made.

(d) Neither the approval of any program 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 program other than as specified in § 56.33 (e).

Subpart-Termination and Final

Settlement

§ 56.40 Applicability.

The provisions of this subpart are applicable to all grants made under this part.

§ 56.41 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 award 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 of paragraph (a) this section, the grantee shall render an accounting and final statement as provided in this subpart. 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 its failure to comply with the applicable requirements and conditions.

§ 56.42 Termination date; final accounting.

In addition to such other accounting as the Surgeon General may require, the grantee shall render with respect to each supported activity, a full account as provided herein, as of the termination date which shall be either (a) the end of the award period, or (b) the date of any termination of grant support as provided in § 56.41, whichever first occurs.

§ 56.43 Accounting for grant payments.

(a) With respect to each supported activity, the grantee shall account for the total of all amounts paid under § 56.6 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: (1) In the case of project grants, 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: Provided, That in the case of regional air pollution control programs the total amount of grant expenditures shall not exceed threefourths of the acceptable actual cost of the approved project; (2) in the case of maintenance grants, one-half of the acceptable actual costs of the approved program with respect to which the grant is made as evidenced in the final accounting: Provided, That in the case of regional air pollution control programs, the total amount of grant expenditures shall not exceed three-fifths of the acceptable actual cost of the approved program.

§ 56.44 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 supported activity 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 Workable Program as approved by the Surgeon General, 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 Workable 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 the 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.

§ 56.45 Final settlement.

There shall be payable to the United States as final settlement with respect to each supported activity the total sum of any amount not accounted for pursuant to § 56.43 and of any amounts payable to the United States as provided in § 56.44. Such total sum shall constitute a debt owed by the grantee to the United States and if not paid to the United States shall be recovered from the grantee or its successors by setoff or other action as provided by law.

57.1012

Termination of grants or withholding of payments.

Subpart A-Grants for Construction of Health Research Facilities (Including Mental Retardation Facilities) AUTHORITY: The provisions of this Subpart A issued under sec. 709, 70 Stat. 720; 42 U.S.C. 292h, sec. 762, 77 Stat. 283; 42 U.S.C. 295a. Secs. 701-708, 70 Stat. 717-720, as amended, 42 U.S.C. 292-292g; secs. 761-766, 77 Stat. 282-284; 42 U.S.C. 295-295e.

SOURCE: The provisions of this Subpart A appear at 29 F.R. 12649, Sept. 5, 1964, unless otherwise noted.

§ 57.1 Definitions.

Except where the context indicates otherwise, when used in this part

(a) All terms which are defined in sections 2, 702, and 766 of the Public Health Service Act, as amended, shall

have the same meaning as given them in such sections: Provided, That the term "Council" means the National Advisory Council on Health Research Facilities established by section 703, except that with respect to applications for Part D grants, "Council" means such Council or the council or councils concerned with the field or fields of research involved.

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

(c) "Construction grant" means a grant for the construction of facilities authorized under Part A or Part D of Title VII of the Act.

(d) "Part A grant" means a grant for the construction of facilities authorized under Part A of Title VII of the Act.

(e) "Part D grant" means a grant for the construction of facilities authorized under Part D of Title VII of the Act.

(f) "Equipment" means those items that are considered depreciable and as having an estimated life of not less than five years. Not included are such items as glassware, chemicals, storage batteries, and books.

(g) "Research" means (1) research or (2) research and activities having related purposes (including research training and the use for medical libraries to the extent that they support research and research training) in the sciences related to health or (3) in the case of an application for a Part D grant, research, or research and related purposes, relating to human development, which may assist in finding the causes, and means of prevention, of mental retardation, or in finding means of ameliorating the effects of mental retardation.

§ 57.2 Eligible institutions

A public or nonprofit institution shall be eligible to apply for a construction grant upon a determination by the Surgeon General:

(a) That such institution is a State, county, municipal, or other non-Federal governmental agency or is a nonprofit corporation, association or other nonprofit legal person.

(b) That such institution is authorized to conduct the research and engage in the activities related to health research, or in the case of an application for a Part D grant, that it is authorized to conduct the research and engage in the activities related to mental retardation, described in the application and related documents.