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$ 30.604–4 Signs.

$ 30.701 Allocation and allowability of

costs. Where project work is visible to the public, the grantee shall erect and suita- Except as otherwise provided by statbly display such informational sign(s) ute, allocation and allowability of costs as the Grants Officer may approve to will be governed in the case of grants identify the project and EPA grant to educational institutions by the prosupport.

visions of Office of Management and § 30.605 Accounting.

Budget (OMB) Circulars Nos. A-21 (Re

vised), and A-88, and in the case of Accounting for project funds (includ- grants to State and local governments ing receipts, grantee contributions, and by the provisions of OMB Circular A-87. expenditures) will be in accordance with All other grants shall be governed by generally accepted accounting principles the policies and principles established and practices, consistently applied, re- in the Federal Procurement Regulations, gardless of the source of funds. Support- Title 41, Code of Federal Regulations, ing records of grant expenditures must Chapter 1, Subpart 1-15.2 to the greatest be recorded in sufficient detail to show practicable extent. that grant funds were used for the purpose for which the grant was made.

§ 30.702 Cost sharing.

In addition to direct and in-kind con$ 30.605–1 Personnel.

tributions, the grantee's cost share (see Salaries and wages, whether treated § 30.207) may include allowable indirect as direct costs or allocated as indirect costs. The grantee must maintain records costs, will be supported by appropriate to adequately evidence the required costtime distribution records.

sharing contribution in relation to actual § 30.606 Audits and inspections.

allowable project costs. Grant records are subject to audit and Subpart G—Grantee Accountability inspection by the Comptroller General

$ 30.800 Equipment, materials, or supof the United States and EPA in addi

plies. tion to other audit and inspections provided for in the grant agreement or this

Except as may be otherwise provided Regulation.

by law or in this Regulation or in the

grant agreement, title to movable or fixed & 30.607 Reports.

equipment, materials, or supplies (maGrantees shall prepare and submit to

terials) shall vest in the grantee, subject the Grants Officer an acceptable final

to such equitable interest in the United report and such progress, financial and

States as may be provided for in this other reports relating to the conduct and

Regulation or in the grant agreement. results of the approved project as may

The grantee shall assure that the inbe specified in the grant agreement. Fail

terest of the United States in the mateure to submit reports required by the

rials is adequately reflected and progrant agreement or this Regulation may

tected in compliance with all recordaresult in (a) retention of grant funds

tion or registration requirements of the (see § 30.602–1), (b) suspension or ter

Uniform Commercial Code or other apmination of the grant, (c) a finding of

plicable local laws. Expenditures of projnonresponsibility for future grant

ect funds for materials may be allowed as awards (see § 30.304), or (d) such other

direct costs only to the extent such maaction as the Grants Officer may be au

terials are required for the conduct of the

approved project during the period for thorized to take.

which EPA grant support is provided. Subpart F-Expenditures by Grantee Any materials on hand on the date of

termination or conclusion of EPA grant $ 30.700 Use of funds.

support (excluding expendable supplies All Federal assistance received under

within such limitations as the Grants EPA grants shall be expended by the

Officer may prescribe) shall be accounted grantee solely for carrying out the ap

for, or accountability waived, by one or

a combination of the following methods: proved project in accordance with the terms of the grant agreement and this § 30.800–1 Waiver of equipment acRegulation. The grantee may not dele

countability. gate or transfer his responsibility for Under research grants where the the use of such funds.

grantee is an organization within the terms of the Grant Act of September 6, account no later than 90 days following 1958 (42 U.S.C. 1891–93), the obligation the end of the project period or the date to account for the value of any fixed or of complete termination of grant supmovable equipment purchased with funds port, whichever occurs first, or within under a research grant may be waived. such additional time as the Grants Offi$ 30.800–2 Retention by the grantee.

cer may allow for good cause. Upon written approval by the Grants

§ 30.802 Final settlement. Officer prior to the final accounting (see At the time EPA grant support for a $ 30.801), materials may be retained, project terminates or ceases, there shall without adjustment of accounts, for use be payable to the United States as final by the grantee in the approved program

settlement the total sum of (a) any unor project, other EPA grants, or other expended grant funds, (b) any amounts Federal grant programs. Materials may payable to the United States for equipbe retained by the grantee for use in ment, materials, or supplies, (c) other other operations provided that the grant related income, and (d) an grantee compensates the United States amount equivalent to that portion of for the latter's equity in the property project costs which have been disallowed in the final accounting (see § 30.801) as or which are unallowable, in proportion part of final settlement (see § 30.802). to the EPA share and to the extent grant § 30.800–3 Sale or other disposition by

payments therefor have been made. Such

final settlement shall constitute a debt grantee.

owed by the grantee to the United States Upon written approval by the Grants

and if not paid at the time of final acOfficer prior to final accounting (see counting shall be recovered from the $ 30.801), materials (a) may be sold by grantee or its successors by setoff or the grantee and the (1) net proceeds of other action as provided by law. sale or (2) fair market value at the time of sale, whichever is greater, shall

Subpart H-Modification, Suspension be paid to the United States in the pro

and Termination of Grants portion which EPA assistance bears to

30.900 Project changes. the actual allowable project cost, or (b) may be disposed of in any other manner

§ 30.900–1 Notice of project changes. by the grantee upon payment to the The grantee shall promptly notify the United States of such proportion of the Grants Officer in writing by certified mail fair market value at time of final

(return receipt requested) of all project accounting.

changes, including but not limited to: § 30.800—4 Transfer to the United

(a) Rebudgeting (see $ 30.601); States.

(b) Changes in the technical plans

or specifications for the project; Prior to the final accounting the

(c) Acceleration or deceleration in the Grants Officer may require or approve,

time for performance of the project, or transfer of title to materials to the

any major phase thereof; United States or its designee for such

(d) Changes which may increase or use or disposition as may be authorized

decrease the total cost of a project; by law, except for materials utilized in

(e) Changes which may affect the apconstruction under grants, with equitable

proved scope of a project; settlement for the grantee's matching

(f) Changed site conditions; share.

(g) Changes in personnel identified as § 30.800-5 Other provisions.

key personnel in the grant agreement;

(h) Absence of personnel identified as When materials purchased with grant

key personnel in the grant agreement funds are used for credit or "trade-in"

from the project at critical project points on the purchase of new materials, the

or for periods of time longer than 3 foregoing requirements shall apply to months; such new materials.

(i) Substantial reduction of effort on § 30.801 Final accounting.

the project by personnel identified as key

personnel in the grant agreement; or In addition such other accounting as

(j) Changes or amendments to nonmay be required pursuant to this Regu- Federal enabling legislation, regulations, lation or the grant agreement, each standards, ordinances, or enforcement grantee shall render an acceptable final procedures which may affect the project. $ 30.900-2 Disapproval of project Inasmuch as stop work orders may rechanges.

sult in increased costs to the GovernThe Grants Officer may disapprove

ment by reason of standby costs, such project changes in writing by certified

orders will be issued only with prior apmail (return receipt requested) not later

proval at a level above the Grants Offithan 3 weeks after receipt of notice pur

cer. Generally, use of a stop-work order suant to $ 30.900–1. Failure on the part

will be limited to those situations where of the grantee to give notice pursuant to

it is advisable to suspend work on the § 30.900–1 or disapproval by the Grants

project or a portion or phase of the projOfficer of the proposed change shall re

ect for important program or agency

considerations sult in disallowance of costs incurred

and а supplemental which are attributable to the change or

agreement providing for such suspension in termination of the grant. No action

is not feasible. Although a stop-work taken pursuant to this section shall com

order may be used pending a decision mit or obligate the United States to any

to terminate by mutual agreement or for increase in the amount of a grant or

other cause, it will not be used in lieu payments thereunder, but shall not pre

of the issuance of a termination notice clude consideration of a request for a

after a decision to terminate has been grant amendment pursuant to $ 30.901.

made. § 30.901 Grant amendments.

$ 30.902–2 Contents of orders. Approved project changes which do not

Prior to issuance, stop-work orders substantially alter the objective or scope

should be discussed with the granter. and of a project may give rise to grant amend

should be appropriately modified, in the ments to increase or decrease the dollar

light of such discussions. Stop-work oramount, the term, or other provisions of

ders should include (a) a clear descripa grant. A grant amendment shall be

tion of the work to be suspended, (b) ineffected only by a written amendment to

structions as to the issuance of further the grant agreement executed by the

orders by the grantee for materials or Grants Officer on behalf of the Govern

services, (c) guidance as to action to be ment and by the Project Manager on be

taken on subagreements, and (d) other half of the grantee entered into after

suggestions to the grantee for minimizthe effective date of the grant. No grant

ing costs. amendment may be made unless the $ 30.902–3 Subsequent action. Grants Officer has received timely notification of the proposed project change and

As soon as feasible after a stop-work has approved the proposed change pro

order is issued, (a) the grant will be vided, that the Grants Officer, if he de

terminated, or (b) the stop-work order

will either be canceled or-if necessary cides that the circumstances justify such action, may receive and act upon any re

and if the grantee agrees—be extended quest for grant amendment submitted

beyond the period specified in the order. prior to final payment under the grant.

In any event, this must be done before Failure to agree upon the amount of

the specified stop-work period expire's

When an extension of the stop-work ora grant amendment shall constitute a

der is necessary, it shall be evidenced by dispute under the “Disputes” article of a written grant amendment. Any canthe grant agreement.

cellation or bilateral extension of a stop$ 30.902 Suspension of grants.

work order shall be subject to the same Work on a project or on a portion or

approvals as were required for the issuphase of a project for which a grant has

ance of the order. been awarded may be ordered stopped $ 30.902–4. Disputes provision. by the Grants Officer pursuant to Article Failure to agree upon the amount of 4 of the Grant Conditions.

an equitable adjustment due under a § 30.902-1 Use of stop-work orders.

stop-work order shall constitute a disWork stoppage may be required for

pute under the “Disputes" article of the good cause including default by the gran

grant instrument. tee, failure to comply with the terms and

$ 30.903 Termination of grants. conditions of the grant, realignment of A grant may be terminated in whole programs, lack of adequate funding, or or in part by the Grants Officer pursuant advancements in the state of the art. to Article 5 of the Grant Conditions:

Provided, That no termination will be throughout this Regulation, the words effected without prior approval at a level and terms defined in this paragraph shall above the Grants Officer.

have the meanings set forth below, un

less (a) the context in which they are § 30.903–1 Termination agreement.

used clearly requires a different meanThe parties may enter into an agree- ing, or (b) a different definition is prement to terminate the grant at any time scribed for a particular part or portion pursuant to terms which are consistent thereof. The words and terms defined in with this Regulation.

this section shall have the meanings set 3 30.903–2 Project termination by

forth herein whenever used in any corgrantee.

respondence, directives, orders, or other

documents of the Environmental ProtecA grantee may not terminate a project

tion Agency relating to grants, unless for which a grant has been awarded ex

the context clearly requires a different cept for good cause. If the Grants Officer

meaning. finds that a grantee has terminated the project work without good cause, then

§ 30.1000-1 Administrator. he shall annul the grant and all EPA The Administrator or Acting Admingrant funds previously paid to the istrator of the U.S. Environmental Prograntee shall be returned to the United tection Agency. States as final settlement. If the Grants Officer finds that there is good cause

$ 30.1000–2 Agency. for the termination of project work, he The U.S. Environmental Protection shall (a) enter into a termination agree- Agency (EPA). ment pursuant to § 30.903–1 or (b) ter

$ 30.1000-3 Applicant. minate the grant pursuant to $ 30.903–3, effective with the date of termination of Any party which has filed an applithe project by the grantee.

cation for a grant pursuant to this

Regulation. & 30.903–3 Termination by EPA.

§ 30.1000–4 Budget. The Grants Officer, by written notice and after consultation with the grantee, The financial plan for expenditure of may terminate a grant, in whole or in all funds for a project, including grant part, pursuant to the Article 5 of the funds or other Federal assistance, which grant agreement, for cause including de- is developed by cost components in the fault by the grantee, failure to comply grant application. with the terms and conditions of the

$ 30.1000-5 Budget period. grant, realignment of programs or change in program requirements or

The length of time approved for fundpriorities, lack of adequate funding, or

ing in the grant agreement (see § 30. advancements in the state of the art.

305-2). § 30.903–4 Termination costs.

§ 30.1000–6 Cost sharing. If a grant is terminated, the Govern- Participation by the grantee in the ment shall be liable only for payment in

cost of conducting the project (see accordance with the termination provi

$ 30.207). sions of the grant.

$ 30.1000-7 Educational institution. $ 30.903–5 Disputes provision.

Any institution which (a) has a faculFailure to agree upon the amount of ty, (b) offers courses of instruction, and termination costs or upon a good cause (c) is authorized to award a degree or determination pursuant to $ 30.903–2 certificate upon completion of a specific shall constitute a dispute under the “Dis- course of study. putes" article of the grant agreement. $ 30.1000-8 Federal assistance. Subpart Miscellaneous

The entire Federal contribution for a 8 30.1000 Definitions.

project including but not limited to the

EPA grant amount. All terms used in this Regulation which are defined in the statutes cited in § 30.1000-9 Grant. $ 30.101 and which are not defined in An award of funds or other assistance this section, shall have the meaning given by a written grant agreement pursuant to them in the relevant statutes. As used 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. $ 30.1000-11 Grantee.

A party which has accepted a grant award. $ 30.1000-12 Grants officer.

Any employee of the Environmental Protection Agency who is exercising the responsibility for negotiating or coordinating the negotiation of terms and conditions of specific grants with grant applicants, or administering grants, and who is authorized to serve as EPA's principal contact with the grantee within the limits of his authority. § 30.1000–13 Matching share.

That portion of the project costs which is not derived from Federal assistance. § 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. 8 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;

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