educational institutions, and other organizations.

(2) Section 8001(a) Federal, State, and interstate or local authorities, agencies, and institutions, private agencies and institutions, and individuals.

(3) No grant may be made under this Act to any private profit-making organization.

(d) Public Health Service Act. Grants will be made only to a university, hospital, laboratory, other public and private institutions, and to individuals. No grant may be made under this Act to any profit-making organization.

(e) Federal Insecticide, Fungicide, and Rodenticide Act-(1) Section

23(a). States.

[38 FR 16059, June 20, 1973, as amended at 42 FR 56057, Oct. 20, 1977]

§ 45.125 Application requirements.

Applications shall be submitted in accordance with Part 30, Subpart B of this chapter.

§ 45.130 Evaluation of applications.

Periodically, training grant applications will be evaluated for program relevance, and will compete for available funds according to priorities established by EPA. Evaluations shall be conducted by EPA staff with advisory assistance as appropriate. Consideration will be given to the following criteria:

(a) Relevance of proposal to agency objectives, priorities, achievement of national goals and technical merit;

(b) Competency of the proposed staff in relation to the type of project involved;

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(c) Feasibility of the proposal; (d) Adequacy of applicant's sources available for the project; (e) Amount of grant funds necessary for the completion of the project;

(f) In addition, grants awarded under section 104(g)(1) of the Federal Water Pollution Control Act, shall be subject to the following criteria:

(1) Assessment of need for training in a State or municipality based on such problems as violation of discharge permit conditions, and faulty or improper operation and/or maintenance of existing plants.

(2) Wastewater treatment works construction grant activities in the State.

§ 45.135 Supplemental grant conditions.

In addition to the EPA general grant conditions, each training grant shall be subject to the following conditions:

(a) The grantee shall not require the performance of personal services by individuals receiving training as a condition for assistance.

(b) Recipients of assistance under training grants shall be entitled to the normal student holidays observed by an academic institution, or the holiday and vacation schedule applicable to all trainees at a nonacademic institution.

(c) Recipients of assistance under training grants must be citizens of the United States, its territories, or possessions, or lawfully admitted to the United States for permanent residence.

(d) Generally training grants will provide for student support only through scholarships. Stipends are permitted when, in the judgment of the grantee, they are needed to attract qualified students: Provided, That not more than $20,000 of amounts awarded for a budget period may be used for such stipends: And further provided, That no annual stipend may be less than $1,000 or more than $3,000 with payment prorated monthly.

(e) Training grants awarded under section 111 of the Federal Water Pollution Control Act will be subject to the following condition: Grantees must obtain the following agreement in writing from persons awarded scholarships under section 111 for undergraduate study of the operation and maintenance of treatment works:

I agree to enter and remain in an occupation involving the design, operation, or maintenance of waste treatment works for a period of 2 years after the satisfactory completion of my studies under this program. I understand that if I fail to perform this obligation I may be required to repay the amount of my scholarship.

The grantee agrees to take such action as may reasonably be required to enforce the foregoing agreement. Any sums received by the grantee shall be credited to the EPA grant payments or paid to the United States.

The Environmental Protection Agency is authorized to grant fellowship awards under the following statutes:

(a) Section 103(b)(6) of the Clean Air Act as amended (42 U.S.C. 1857b(b)(6)).

(b) Sections 104(b)(5) and 104(g)(3)(B) of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1254(b)(5) and 1254(g)(3)(B)).

per academic term. The fellow need not be pursuing an advanced degree.

§ 46.105-3 Stipend.

Supplemental financial assistance to recipients of fellowships.

§ 46.110 Benefits.

(a) Recipients of assistance under this part shall be entitled to tuition and fees, an allowance for book and supplies up to a maximum of $250, and the normal student holidays observed by an academic institution.

(b) Agency fellows attending fulltime may, on the basis of need, set forth in the application, receive an annual stipend up to $6,500 and EPA funds.

(c) Agency fellows attending parttime may receive a small stipend when justified by needs related to the purpose of the fellowship.

(d) Special fellows may receive not more than $3,600 total annual amount from EPA for full-time attendance payable on a pro-rata monthly basis.

§ 46.115 Eligibility.

All applicants for fellowships under this part must be (a) citizens of the United States, its territories, or possessions, or lawfully admitted to the United States for permanent residence, and (b) accepted by an accredited educational institution for full or part-time enrollment for academic credit in an educational program which directly relates to pollution abatement and control. Applicants for agency fellowships must be present or prospective employees of a regional, State, or local environmental pollution control or regulatory agency. Present employees must be recommended for a fellowship by their employing agency. Priority in award of fellowships to prospective agency employees will be given to those applicants who provide evidence that they have explored, in direct agency contact, opportunities for agency employment. Such applicants are encouraged to obtain written appraisal of their employment potential and probability of actual employment assuming successful completion of the training.

$ 46.120 Application requirements.

All applications for EPA fellowships shall be submitted to the Grants Administration Division, Environmental Protection Agency, Washington, D.C. 20460, upon such forms as the Administrator shall prescribe and shall include copies of transcripts of undergraduate and graduate courses, as appropriate. The applicant must arrange for the submission of supporting documents which substantiate his eligibility under § 46.115. In addition, the applicant shall submit such further information as may be required. Instructions for filing are contained in the application kit.

§ 46.122 Evaluation of application.

Periodically, fellowship applications will be evaluated for program relevance, and will compete for available funds according to priorities established by EPA. Evaluations shall be conducted by EPA staff, with advisory assistance as appropriate. Consideration will be given to the following criteria:

(a) Appropriateness of the fellow's proposed course of study to the objectives and mission of the Agency.

(b) Evaluation of the applicant in terms of his potential for study, as evidenced by his academic record, letters of reference, training plans, and other available information.

§ 46.135 Award and duration of fellowship.

Notification of approval of a fellowship application shall be by the transmittal of the fellowship agreement for execution by the applicant pursuant to § 46.140. Notification of disapproval shall be prompt and in writing. Disapproval of an application shall not preclude reapplication. Fellowships will not exceed 1 year.

§ 46.136 Initiation of studies.

Study must be initiated pursuant to an approved fellowship within 6 months following the date of the award notice or the fellowship will be terminated.

§ 46.140 Fellowship agreement.

(a) The fellowship agreement is the written agreement, and amendments thereto, between EPA and a fellowship applicant in which the terms and conditions governing the fellowship are stated and agreed to by both parties.

(b) Upon approval of a fellowship for award, the fellowship agreement will be transmitted by certified mail (return receipt requested) to the applicant for execution. The fellowship agreement must be executed by the applicant and returned to the Grants Officer within 3 weeks after receipt, or within any extension of such time that may be permitted by the Grants Officer. The fellowship shall constitute an obligation of Federal funds in the amount and for the purposes stated in the fellowship instrument only upon execution of the fellowship agreement by the parties thereto. No costs may be incurred prior to the execution of the fellowship agreement by the parties thereto.

shall be submitted to the Grants Officer upon submission for publication. No prior approval by EPA is required for publication. Any written publications shall acknowledge as follows:

This publication has been financed in part with Federal funds from the Environmental Protection Agency under fellowship number

The contents do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does mention of trade names or commercial products constitute endorsement or recommendation for use.

§ 46.155 Deviations.

Procedures of § 30.1000 of the EPA general grant regulations of this chapter be applicable to fellowships.

[38 FR 16061, June 20, 1973, as amended at 40 FR 20083, May 8, 1975]

§ 46.165 Termination.

(a) Termination of studies by the fellow. A fellow must notify EPA in writing when he terminates or changes his status under the fellowship agreement. Studies supported by

an EPA fellowship may be terminated only for good cause. If the Grants Officer finds that a fellow has terminated his studies without good cause, then he shall annul fellowship and all EPA fellowship funds previously paid to the fellow shall be payable to the United States as final settlement. If the Grants Officer finds that there is good cause for the termination of studies, he shall enter into a termination agreement effective with the date of termination of studies by the fellow.

(b) Termination by EPA. The Grants Officer may terminate the fellowship provided that a termination action may not be taken unless the fellow has received written notice of the basis for the proposed action and has been afforded an opportunity to confer with appropriate EPA officials concerning the proposed action. Any termination action may be appealed in accordance with the Disputes Article of the EPA General Grant Conditions (Appendix A to Subchapter B of this title).