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XII. Payment Procedure

XIII. Rebudgeting of Funds

XIV. Planning Project Revisions

XV. Accountability and Audit

XVI. Expenditure and Program Reports.

XVII. Termination of Grant and Repayment of Grant Funds

XVIII. Continuation and Renewal Applications.

XIX. Publication and Copyright

XX. Patent Policy.

XXI. Compliance with Civil Rights Act of 1964

XXII. Further Information or Assistance

Public Health Service Regional Offices.

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DISCRIMINATION PROHIBITED - Title VI of the Civil Rights Act of 1964 states: "No person in the United States shall, on the grounds 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." Therefore, the grant and award programs of the Public Health Service, like every program or activity receiving financial assistance from the Department of Health, Education, and Welfare, must be operated in compliance with this law.

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE

PUBLIC HEALTH SERVICE

OFFICE OF SOLID WASTES

TERMS AND CONDITIONS GOVERNING

SOLID-WASTE DISPOSAL PLANNING GRANTS*

I. Purpose of Planning Grants

This document sets forth the terms, conditions, and procedures governing the Solid-Waste Disposal Planning Grant Program administered by the Office of Solid Wastes, Public Health Service. The program is authorized by Section 206, Title II, Public Law 89-272, Solid-Waste Disposal Act, and the regulations pursuant the reto (42 CFR, Part 59). It provides for Federal grants to assist State and interstate agencies in making surveys of solid-waste disposal practices and problems, and in developing plans for new and improved methods of proper and economic solid-waste disposal within the jurisdictional areas of such State or interstate agencies (hereinafter referred to as "solid-waste disposal planning grants").

"Solid-waste" means garbage, refuse, and other discarded solid materials, including solid-waste material resulting from industrial, commercial, and agricultural operations, and from community activities. Excluded are solids or dissolved material in domestic sewage or other significant pollutants in water resources such as silt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigation return flows or other common water pollutants. "Solid-waste disposal" means the collection, storage, treatment, utilization, processing, or final disposal of solid waste.

It is not the purpose of these grants to provide financial assistance for State or interstate solid-waste disposal operations or services, other than survey and planning activities.

II. Eligible Applicants

Eligible applicants are (a) State agencies designated by the Governor, or other appropriate State authority, to represent a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa, and (b) interstate agencies designated as the sole agency responsible for solidwaste disposal planning within their jurisdictional areas.

The designated agency may be an existing agency of the State government or a new one established for the purpose of the solid-waste disposal survey and planning activity. It may be an interdepartmental agency, such as a commission, committee, or board.

A certification of the designation must be included as a part of the application for a planning grant.

III. Extent of Federal Financial Assistance

Federal funds may be granted to pay not more than 50 percent of the cost of solid-waste disposal survey and planning activities. The remainder is to be provided from non-Federal funds, Funds granted to applicants in any one State are limited to

These terms and conditions are subject to change as deemed necessary by the Public Health Service,

not more than 12.5 percent of the Federal funds available for this program for each fiscal year's appropriation. For this requirement, planning grants to an interstate agency will be considered to be granted to the States involved in proportion to the amounts of non-Federal funds budgeted for the project by the participating States, or by the participating municipalities located in the respective States.

IV. Applicant Financial Participation Requirements

Applicants are required to provide at least 50 percent of the cost of the solidwaste disposal planning activity from funds other than any other Federal grants, or any non-Federal funds used to match other Federal grants.

V. Period of Support

Although the development of a comprehensive statewide solid-waste disposal plan may require a period longer than three years, applications for grant support will be considered for project periods up to three years. Budget periods within the maximum 3-year project periods are 12-month units beginning on the first day of the month requested in the application, or the first day of the month mutually agreed upon by the applicant and the Office of Solid Wastes. Support from Federal funds beyond an approved project period should be requested at least nine months prior to the termination date of the currently approved project period. (See Section XVIII, Continuation and Renewal Applications.)

VI. Program Direction

The agency designated to be the sole agency responsible for solid-waste disposal activities must have, or plan to employ, a full-time employee responsible for these activities, including solid-waste disposal planning. (See Section VIII, Use of Funds. Only that portion of the employee's time that is devoted to the survey and planning activities may be charged to the grant-supported project.)

VII. Conditions of Planning Grant

In order to be awarded a grant for an approved solid-waste disposal planning project, applicants must provide assurance satisfactory to the Surgeon General of the Public Health Service:

a. 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;

b. That in the conduct of the project there shall be consultation and coordination with other State agencies which have responsibility for any aspect of planning essential to statewide planning for proper and effective solid-waste disposal consistent with the protection of the public health, including such factors as population, urban and metropolitan development, land-use planning, water pollution control, air pollution control, and the feasibility of regional solid-waste disposal programs;

c. That there shall be an effective arrangement to insure full participation and coordination with related State, interstate, regional, and local planning activities including those financed in whole or in part with funds granted under section 701 of the Housing Act of 1954 (40 USC 61); and

d. That non-Federal funds are available for at least 50 percent of the cost of the solid-waste disposal planning project in addition to those which are available for the applicant's solid-waste disposal program activities not included in the planning project.

VIII. Use of Funds

When approved in the application, grant funds may be used for the following costs of carrying out the survey and planning program:

a. Personnel - Salaries and wages, including fringe benefits, of professional, technical, clerical, and other staff, and consultants who will render direct services to the approved project. The salary levels of such personnel may be set by the grantee organization according to its own standards, provided no monetary differential is allowed for such personnel because they are to be paid from grant funds. Consultant fees must be the same as those usually paid by the applicant, but may not be paid to a staff member of the applicant organization or any person employed by the State, or the States participating in an interstate planning activity. Grant funds may not be used to pay the salary of a Federal employee.

b. Equipment Specialized items which are needed for the project.

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c. Supplies Items which

the project.

d. Travel

are consumable or expendable, and needed for

Transportation, subsistence, and related costs for travel to be performed during the project period and essential to the conduct of the project.

e. Other Costs Items not included in one of the above categories, such as communication costs, contractual services, rental of space (but applicant may not charge rent for space which is state-owned or owned by the applicant) utilized by project personnel. Each item for which funds are requested must be separately identified.

IX. Limitations on Use of Funds

a. Grant funds may not be used for activities for which other Federal grant funds are available, or for activities not described in the approved application.

b. Grant funds may not be used for any purpose contrary to the regulations and policies of the Public Health Service or the grantee.

c. All obligations of grant funds must be incurred within the approved project period, and liquidated within one year after the end of the budget period in which the obligation was established.

X. How to Apply

Interested State and interstate agencies are required to submit Form PHS4872-1, Application for Solid-Waste Disposal Planning Grant, completed in accordance with these terms and conditions and the instructions for completing the application. The original and two copies must be mailed to the appropriate Public Health Service Regional Health Director. (For list of regional offices, see page 8.) In order to compete for Federal funds allocated for the fiscal year 1966, applications must be received in the regional office not later than May 1, 1966.

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In the future, planning grant applications will be considered once a year. Applications may be submitted at any time; however, those received by September 1 of each year will be in competition for the Federal funds available for this program in that fiscal year.

Applicants are urged to secure consultation and assistance through the Public Health Service Regional Health Director prior to the development of their proposals and the preparation of the application.

Applications are available through the regional offices of the Public Health Service or the Office of Solid Wastes, Public Health Service, Washington, D.C. 20201. XI. Review Procedure and Notification

Applications will be reviewed and evaluated by the regional and headquarters staff of the Office of Solid Wastes. The advice of consultants will be sought as deemed necessary by the Chief of the Office.

Applicants will be notified in writing of the action taken on their applications about six weeks to two months after the cut-off date for receipt of applications.

The regional representative will contact approved applicants to negotiate the beginning date of the project period if it is different from that requested in the application.

XII. Payment Procedure

If the grantee organization has received awards from other Public Health Service programs which are being paid under a letter-of-credit system or other cash control system, the payment for solid-waste disposal planning grants will be incorporated into the same system.

For grantee organizations which have no other awards from the Public Health Service, generally an initial payment will be made shortly before the beginning of the project period, and in the amount necessary for the first quarter (or first threemonth period). Subsequent payments will be made upon request and in the amounts needed for the next quarterly period.

XIII. Rebudgeting of Funds

It is expected that expenditures for the project will follow the budget categories (i.e., personnel, equipment, travel, supplies, and other) of the approved application. It is recognized, however, that transfers among the categories may be necessary on occasion. Transfers among budget categories may be made, except in the following instances where prior approval of the transfer must be secured from the Public Health Service:

a. Any expenditures in a budget category for which no funds were initially budgeted in the approved application.

b. When a transfer regardless of amount would result in and/or reflect a change in the scope of the planning activity described in the approved application; and

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