The grantee shall assure that the interest of the United States in the materials is adequately reflected and protected in compliance with all recordation or registration requirements of the Uniform Commercial Code or other applicable local laws. Expenditures of project funds for materials may be allowed as direct costs only to the extent such materials are required for the conduct of the approved project during the period for which EPA grant support is provided. Any materials on hand on the date of termination or conclusion of EPA grant support (excluding expendable supplies within such limitations as the Grants Officer may prescribe) shall be accounted for, or accountability waived, by one or a combination of the following methods: § 30.800-1 Waiver of equipment accountability.

Under research grants where the grantee is an organization within the terms of the Grant Act of September 6, 1958 (42 U.S.C. 1891-93), the obligation to account for the value of any fixed or movable equipment purchased with funds under a research grant may be waived. § 30.800-2 Retention by the grantee.

Upon written approval by the Grants Officer prior to the final accounting (see § 30.801), materials may be retained, without adjustment of accounts, for use by the grantee in the approved program or project, other EPA grants, or other Federal grant programs. Materials may be retained by the grantee for use in other operations provided that the grantee compensates the United States for the latter's equity in the property in the final accounting (see § 30.801) as part of final settlement (see § 30.802). § 30.800-3 Sale or other disposition by grantee.

Upon written approval by the Grants Officer prior to final accounting (see § 30.801), materials (a) may be sold by the grantee and the (1) net proceeds of sale or (2) fair market value at the time of sale, whichever is greater, shall be paid to the United States in the proportion which EPA assistance bears to the actual allowable project cost, or (b) may be disposed of in any other manner by the grantee upon payment to the United States of such proportion of the fair market value at time of final accounting.

In addition such other accounting as may be required pursuant to this Regulation or the grant agreement, each grantee shall render an acceptable final account no later than 90 days following the end of the project period or the date of complete termination of grant support, whichever occurs first, or within such additional time as the Grants Officer may allow for good cause.

§ 30.802 Final settlement.

At the time EPA grant support for a project terminates or ceases, there shall be payable to the United States as final settlement the total sum of (a) any unexpended grant funds, (b) any amounts payable to the United States for equipment, materials, or supplies, (c) other grant related income, and (d) an amount equivalent to that portion of project costs which have been disallowed or which are unallowable, in proportion to the EPA share and to the extent grant payments therefor have been made. Such final settlement shall constitute a debt owed by the grantee to the United States and if not paid at the time of final accounting shall be recovered from the grantee or its successors by setoff or other action as provided by law. Subpart H-Modification, Suspension and Termination of Grants

(a) Rebudgeting (see § 30.601); (b) Changes in the technical plans or specifications for the project;

(c) Acceleration or deceleration in the time for performance of the project, or any major phase thereof;

(d) Changes which may increase or decrease the total cost of a project;

(e) Changes which may affect the approved scope of a project;

(f) Changed site conditions;

(g) Changes in personnel identified as key personnel in the grant agreement;

(h) Absence of personnel identified as key personnel in the grant agreement from the project at critical project points or for periods of time longer than 3 months;

(i) Substantial reduction of effort on the project by personnel identified as key personnel in the grant agreement; or

(j) Changes or amendments to nonFederal enabling legislation, regulations, standards, ordinances, or enforcement procedures which may affect the project. § 30.900-2 Disapproval of project changes.

The Grants Officer may disapprove project changes in writing by certified mail (return receipt requested) not later than 3 weeks after receipt of notice pursuant to § 30.900-1. Failure on the part of the grantee to give notice pursuant to § 30.900-1 or disapproval by the Grants Officer of the proposed change shall result in disallowance of costs incurred which are attributable to the change or in termination of the grant. No action taken pursuant to this section shall commit or obligate the United States to any increase in the amount of a grant or payments thereunder, but shall not preclude consideration of a request for a grant amendment pursuant to § 30.901. § 30.901 Grant amendments.

Approved project changes which do not substantially alter the objective or scope of a project may give rise to grant amendments to increase or decrease the dollar amount, the term, or other provisions of a grant. A grant amendment shall be effected only by a written amendment to the grant agreement executed by the Grants Officer on behalf of the Government and by an authorized representative of the Grantee entered into after the effective date of the grant. No grant amendment may be made unless the Grants Officer has received timely notifi

cation of the proposed project change and has approved the proposed change provided, that the Grants Officer, if he decides that the circumstances justify such action, may receive and act upon any request for grant amendment submitted prior to final payment under the grant. Failure to agree upon the amount of a grant amendment shall constitute a dispute under the "Disputes" article of the grant agreement.

[36 FR 22716, Nov. 27, 1971, as amended at 37 FR 11650, June 9, 1972]

§ 30.902 Suspension of grants.

Work on a project or on a portion or phase of a project for which a grant has been awarded may be ordered stopped by the Grants Officer pursuant to Article 4 of the Grant Conditions.

§ 30.902-1 Use of stop-work orders.

Work stoppage may be required for good cause including default by the grantee, failure to comply with the terms and conditions of the grant, realignment of programs, lack of adequate funding, or advancements in the state of the art. Inasmuch as stop work orders may result in increased costs to the Government by reason of standby costs, such orders will be issued only with prior approval at a level above the Grants Offcer. Generally, use of a stop-work order will be limited to those situations where it is advisable to suspend work on the project or a portion or phase of the project for important program or agency considerations and a supplemental agreement providing for such suspension is not feasible. Although a stop-work order may be used pending a decision to terminate by mutual agreement or for other cause, it will not be used in lieu of the issuance of a termination notice after a decision to terminate has been made.

§ 30.902-3 Subsequent action.

As soon as feasible after a stop-work order is issued, (a) the grant will be terminated, or (b) the stop-work order will either be canceled or-if necessary and if the grantee agrees-be extended beyond the period specified in the order. In any event, this must be done before the specified stop-work period expires. When an extension of the stop-work order is necessary, it shall be evidenced by a written grant amendment. Any cancellation or bilateral extension of a stopwork order shall be subject to the same approvals as were required for the issuance of the order.

§ 30.902-4 Disputes provision.

Failure to agree upon the amount of an equitable adjustment due under a stop-work order shall constitute a dispute under the "Disputes" article of the grant instrument.

§ 30.903 Termination of grants.

A grant may be terminated in whole or in part by the Grants Officer pursuant to Article 5 of the Grant Conditions: Provided, That no termination will be effected without prior approval at a level above the Grants Officer.

§ 30.903-1 Termination agreement.

The parties may enter into an agreement to terminate the grant at any time pursuant to terms which are consistent with this Regulation.

§ 30.903-2 Project termination by grantee.

A grantee may not terminate a project for which a grant has been awarded except for good cause. If the Grants Officer finds that a grantee has terminated the project work without good cause, then he shall annul the grant and all EPA grant funds previously paid to the grantee shall be returned to the United States as final settlement. If the Grants Officer finds that there is good cause for the termination of project work, he shall (a) enter into a termination agreement pursuant to § 30.903-1 or (b) terminate the grant pursuant to § 30.903-3, effective with the date of termination of the project by the grantee.

§ 30.903-3 Termination by EPA.

The Grants Officer, by written notice and after consultation with the grantee, may terminate a grant, in whole or in

part, pursuant to the Article 5 of the grant agreement, for cause including default by the grantee, failure to comply with the terms and conditions of the grant, realignment of programs or change in program requirements or priorities, lack of adequate funding, or advancements in the state of the art.

§ 30.903-4 Termination costs.

If a grant is terminated, the Government shall be liable only for payment in accordance with the termination provisions of the grant.

§ 30.903-5 Disputes provision.

Failure to agree upon the amount of termination costs or upon a good cause determination pursuant to § 30.903-2 shall constitute a dispute under the "Disputes" article of the grant agreement. Subpart I-Miscellaneous

All terms used in this Regulation which are defined in the statutes cited in § 30.101 and which are not defined in this section, shall have the meaning given to them in the relevant statutes. As used throughout this Regulation, the words and terms defined in this paragraph shall have the meanings set forth below, unless (a) the context in which they are used clearly requires a different meaning, or (b) a different definition is prescribed for a particular part or portion thereof. The words and terms defined in this section shall have the meanings set forth herein whenever used in any correspondence, directives, orders, or other documents of the Environmental Protection Agency relating to grants, unless the context clearly requires a different meaning.

§ 30.1000-4 Budget.

The financial plan for expenditure of all funds for a project, including grant funds or other Federal assistance, which is developed by cost components in the grant application.

§ 30.1000-5 Budget period.

The length of time approved for funding in the grant agreement (see § 30. 305-2).

§ 30.1000-6 Cost sharing.

Participation by the grantee in the cost of conducting the project (see § 30.207).

§ 30.1000-7 Educational institution.

Any institution which (a) has a faculty, (b) offers courses of instruction, and (c) is authorized to award a degree or certificate upon completion of a specific course of study.

§ 30.1000-8 Federal assistance.

The entire Federal contribution for a project including but not limited to the EPA grant amount.

§ 30.1000-9 Grant.

An award of funds or other assistance by a written grant agreement pursuant to this Regulation, except fellowships. § 30.1000-10 Grant agreement.

The written agreement and amendments thereto between EPA and a grant applicant in which the terms and conditions governing the grant are stated and agreed to by both parties pursuant to § 30.305.

§ 30.1000-14 Nonprofit organization.

Any corporation, trust, foundation, or institution (a) which is entitled to exemption under section 501(c)(3) of the Internal Revenue Code, or (b) which is not organized for profit and no part of the net earnings of which inure to the benefit of any private shareholder or individual.

§ 30.1000-15 Project.

An undertaking for which grant funds are awarded.

§ 30.1000-16 Project costs.

All costs incurred by a grantee in accomplishing the objectives of a grant project, not limited to those costs which are allowable in computing the final EPA grant amount or total Federal assistance.

§ 30.1000-17 Project manager.

The person authorized and designated by the grantee to serve as the grantee's principal contact with EPA.

§ 30.1000-18 Project period.

The period of time approved by EPA for completion of a supported project. § 30.1000-19 Subagreement.

A written agreement between a grantee and a third party for the furnishing of services or supplies necessary to complete the project for which a grant was awarded, including contracts and purchase orders.

§ 30.1001 Deviation.

§ 30.1001-1 Applicability.

A deviation shall be considered to be any of the following:

(a) When a prescribed grant clause is set forth verbatim in this Regulation, use of a clause covering the same subject matter which varies from, or has the effect of altering, the prescribed clause, or changing its application;

(b) When a grant clause is set forth in this Regulation but not for use verbatim, use of a clause covering the same subject matter which is inconsistent with the intent, principle and substance of the Regulation clause or related coverage of the subject matter;

(c) Omission of any mandatory grant clause;

(d) When an EPA or other form is prescribed by this Regulation, use of any other form for the same purpose;

(e) Alteration of an EPA or other form prescribed in this Regulation except as authorized herein;

(f) When limitations are imposed by this Regulation upon the use of a grant clause, form procedure, or any other grant action, the imposition of lesser or greater limitations; or

(g) When a policy, procedure, method or practice of administering or conducting grant actions is prescribed by this Regulation, any policy, procedure, method, or practice inconsistent therewith.

§ 30.1001-2

Request for deviation.

Requests for deviations from this Regulation shall be submitted as far in advance as the exigencies of the situation will permit. Where the deviation would involve more than a unique special situation, e.g., will affect grantees as a class, concurrence in the request for deviation by the appropriate Assistant or Regional Administrator(s) will be additionally required. Each request for a deviation shall contain as a minimum:

(a) Identification of the section of this Regulation from which a deviation is sought;

(b) A full description of the deviation and the circumstances in which it will be used;

(c) A description of the intended effect of the deviation;

(d) A statement as to whether the deviation has been requested previously, and if so, circumstances of the previous request;

(e) The name of the grantee and identification of the grant affected, including the dollar value; and

(f) Detailed reasons supporting the request, including any pertinent background information which will contribute to a fuller understanding of the deviation sought.

§ 30.1001-3 Approval of deviation.

Deviations from this Regulation will be authorized only when essential to effect necessary grant actions or where special circumstances make such deviations clearly in the best interests of the Government. Such deviations may be approved only by the Director of the Grants Administration Division or his duly authorized representative, and a copy of such written approval shall be retained in the grant file.