1、700 40 CFR Ch. I (7110 Edition) 35.9060 resolve the situation through negotia-tion. If agreement is not reached, the Regional Administrator may impose sanctions under the applicable provi-sions of 40 CFR part 30 or 31. 35.9060 Maximum Federal share. The Regional Administrator may provide up to 100 p
2、ercent of the ap-proved work program costs for a par-ticular application provided that non- Federal sources provide at least 25 per-cent of the aggregate costs of research, surveys, studies, modeling, and other technical work necessary for the devel-opment of a comprehensive conserva-tion and manage
3、ment plan for the es-tuary as specified in the estuary An-nual Work Plan for each fiscal year. 35.9065 Limitations. (a) Management conferences. The Re-gional Administrator will not award funds pursuant to CWA section 320(g) to any applicant unless and until the scope of work and overall budget have
4、been approved by the Management Conference of the estuary for which the work is proposed. (b) Elements of annual workplans. An-nual Work Plans to be prepared by es-tuary Management Conferences must be reviewed by the Regional Adminis-trator before final ratification by the Management Conference and
5、must in-clude the following elements: (1) Introduction. A discussion of achievements in the estuary, a sum-mary of activities undertaken in the past year to further each of the seven purposes of a Management Conference specified in section 320(b) of the CWA, the major emphases for activity in the up
6、coming year, and a schedule of mile-stones to be reached during the year. (2) Funding sources. A table of fund sources for activities in the new year, including a description of the sources and types (e.g., in-kind contributions to be performed by the applicant) of funds comprising the contribution
7、by applicants or third parties, and the source and type of any other non-Fed-eral funds or contributions. (3) Projects. A description of each project to be undertaken, a summary table of project status listing all ac-tivities, the responsible organization or individual, the products expected from ea
8、ch project, approximate schedules, budgets, and the source and type of the non-Federal 25 percent minimum cost share of the aggregate costs of re-search, surveys, studies, modeling, and other technical work necessary for the development of a comprehensive con-servation and management plan for an est
9、uary. 54 FR 40804, Oct. 3, 1989, as amended at 59 FR 61126, Nov. 29, 1994 35.9070 National program assistance agreements. The Assistant Administrator for Water may approve the award of NEP funds for work that has broad applica-bility to estuaries of national signifi-cance. These awards shall be deem
10、ed to be consistent with Annual Work Plans and Five-Year State/EPA Conference Agreements approved by individual management conferences. The amount of a national program award shall not exceed 75 percent of the approved work program costs provided the non-Fed-eral share of such costs is provided from
11、 non-Federal sources. PART 36GOVERNMENTWIDE RE-QUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSIST-ANCE) Subpart APurpose and Coverage Sec. 36.100 What does this part do? 36.105 Does this part apply to me? 36.110 Are any of my Federal assistance awards exempt from this part? 36.115 Does this part a
12、ffect the Federal con-tracts that I receive? Subpart BRequirements for Recipients Other Than Individuals 36.200 What must I do to comply with this part? 36.205 What must I include in my drug-free workplace statement? 36.210 To whom must I distribute my drug- free workplace statement? 36.215 What mus
13、t I include in my drug-free awareness program? 36.220 By when must I publish my drug-free workplace statement and establish my drug-free awareness program? 36.225 What actions must I take concerning employees who are convicted of drug vio-lations in the workplace? VerDate Mar2010 09:58 Aug 27, 2010
14、Jkt 220143 PO 00000 Frm 00710 Fmt 8010 Sfmt 8010 Y:SGML220143.XXX 220143erowe on DSKG8SOYB1PROD with CFRCopyright Environmental Protection Agency Provided by IHS under license with EPANot for ResaleNo reproduction or networking permitted without license from IHS-,-,-701 Environmental Protection Agen
15、cy 36.200 36.230 How and when must I identify work-places? Subpart CRequirements for Recipients Who Are Individuals 36.300 What must I do to comply with this part if I am an individual recipient? 36.301 Reserved Subpart DResponsibilities of EPA Awarding Officials 36.400 What are my responsibilities
16、as an EPA awarding official? Subpart EViolations of This Part and Consequences 36.500 How are violations of this part deter-mined for recipients other than individ-uals? 36.505 How are violations of this part deter-mined for recipients who are individuals? 36.510 What actions will the Federal Gov-er
17、nment take against a recipient deter-mined to have violated this part? 36.515 Are there any exceptions to those ac-tions? Subpart FDefinitions 36.605 Award. 36.610 Controlled substance. 36.615 Conviction. 36.620 Cooperative agreement. 36.625 Criminal drug statute. 36.630 Debarment. 36.635 Drug-free
18、workplace. 36.640 Employee. 36.645 Federal agency or agency. 36.650 Grant. 36.655 Individual. 36.660 Recipient. 36.665 State. 36.670 Suspension. AUTHORITY: 41 U.S.C. 701 et seq. SOURCE: 68 FR 66557, 66625, 66626, Nov. 26, 2003, unless otherwise noted. Subpart APurpose and Coverage 36.100 What does t
19、his part do? This part carries out the portion of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended) that applies to grants. It also applies the provisions of the Act to cooperative agreements and other financial assist-ance awards, as a matter of Federal Government policy. 36.1
20、05 Does this part apply to me? (a) Portions of this part apply to you if you are either (1) A recipient of an assistance award from the EPA; or (2) A(n) EPA awarding official. (See definitions of award and recipient in 36.605 and 36.660, respectively.) (b) The following table shows the subparts that
21、 apply to you: If you are . . . see subparts . . . (1) A recipient who is not an individual A, B and E. (2) A recipient who is an individual . A, C and E. (3) A(n) EPA awarding official . A, D and E. 36.110 Are any of my Federal assist-ance awards exempt from this part? This part does not apply to a
22、ny award that the EPA Administrator or designee determines that the applica-tion of this part would be inconsistent with the international obligations of the United States or the laws or regu-lations of a foreign government. 36.115 Does this part affect the Fed-eral contracts that I receive? It will
23、 affect future contract awards indirectly if you are debarred or sus-pended for a violation of the require-ments of this part, as described in 36. 510(c). However, this part does not apply directly to procurement con-tracts. The portion of the Drug-Free Workplace Act of 1988 that applies to Federal
24、procurement contracts is car-ried out through the Federal Acquisi-tion Regulation in chapter 1 of Title 48 of the Code of Federal Regulations (the drug-free workplace coverage currently is in 48 CFR part 23, subpart 23.5). Subpart BRequirements for Recipients Other Than Individuals 36.200 What must
25、I do to comply with this part? There are two general requirements if you are a recipient other than an in-dividual. (a) First, you must make a good faith effort, on a continuing basis, to main-tain a drug-free workplace. You must agree to do so as a condition for receiv-ing any award covered by this
26、 part. The specific measures that you must take in this regard are described in VerDate Mar2010 09:58 Aug 27, 2010 Jkt 220143 PO 00000 Frm 00711 Fmt 8010 Sfmt 8010 Y:SGML220143.XXX 220143erowe on DSKG8SOYB1PROD with CFRCopyright Environmental Protection Agency Provided by IHS under license with EPAN
27、ot for ResaleNo reproduction or networking permitted without license from IHS-,-,-702 40 CFR Ch. I (7110 Edition) 36.205 more detail in subsequent sections of this subpart. Briefly, those measures are to (1) Publish a drug-free workplace statement and establish a drug-free awareness program for your
28、 employees (see 36.205 through 36.220); and (2) Take actions concerning employ-ees who are convicted of violating drug statutes in the workplace (see 36.225). (b) Second, you must identify all known workplaces under your Federal awards (see 36.230). 36.205 What must I include in my drug-free workpla
29、ce statement? You must publish a statement that (a) Tells your employees that the un-lawful manufacture, distribution, dis-pensing, possession, or use of a con-trolled substance is prohibited in your workplace; (b) Specifies the actions that you will take against employees for violating that prohibi
30、tion; and (c) Lets each employee know that, as a condition of employment under any award, he or she: (1) Will abide by the terms of the statement; and (2) Must notify you in writing if he or she is convicted for a violation of a criminal drug statute occurring in the workplace and must do so no more
31、 than five calendar days after the con-viction. 36.210 To whom must I distribute my drug-free workplace statement? You must require that a copy of the statement described in 36.205 be given to each employee who will be engaged in the performance of any Federal award. 36.215 What must I include in my
32、 drug-free awareness program? You must establish an ongoing drug- free awareness program to inform em-ployees about (a) The dangers of drug abuse in the workplace; (b) Your policy of maintaining a drug-free workplace; (c) Any available drug counseling, re-habilitation, and employee assistance progra
33、ms; and (d) The penalties that you may im-pose upon them for drug abuse viola-tions occurring in the workplace. 36.220 By when must I publish my drug-free workplace statement and establish my drug-free awareness program? If you are a new recipient that does not already have a policy statement as des
34、cribed in 36.205 and an ongoing awareness program as described in 36.215, you must publish the state-ment and establish the program by the time given in the following table: If . . . then you . . . (a) The performance period of the award is less than 30 days must have the policy statement and progra
35、m in place as soon as possible, but before the date on which performance is ex-pected to be completed. (b) The performance period of the award is 30 days or more . must have the policy statement and program in place within 30 days after award. (c) You believe there are extraordinary circumstances th
36、at will require more than 30 days for you to publish the policy state-ment and establish the awareness program.may ask the EPA awarding official to give you more time to do so. The amount of additional time, if any, to be given is at the discretion of the awarding official. 36.225 What actions must
37、I take con-cerning employees who are con-victed of drug violations in the workplace? There are two actions you must take if an employee is convicted of a drug violation in the workplace: (a) First, you must notify Federal agencies if an employee who is engaged in the performance of an award informs
38、you about a conviction, as required by 36.205(c)(2), or you otherwise learn of the conviction. Your notification to the Federal agencies mustl (1) Be in writing; (2) Include the employees position title; (3) Include the identification num-ber(s) of each affected award; (4) Be sent within ten calenda
39、r days after you learn of the conviction; and (5) Be sent to every Federal agency on whose award the convicted em-ployee was working. It must be sent to VerDate Mar2010 09:58 Aug 27, 2010 Jkt 220143 PO 00000 Frm 00712 Fmt 8010 Sfmt 8010 Y:SGML220143.XXX 220143erowe on DSKG8SOYB1PROD with CFRCopyrigh
40、t Environmental Protection Agency Provided by IHS under license with EPANot for ResaleNo reproduction or networking permitted without license from IHS-,-,-703 Environmental Protection Agency 36.500 every awarding official or his or her of-ficial designee, unless the Federal agency has specified a ce
41、ntral point for the receipt of the notices. (b) Second, within 30 calendar days of learning about an employees convic-tion, you must eitherl (1) Take appropriate personnel action against the employee, up to and includ-ing termination, consistent with the requirements of the Rehabilitation Act of 197
42、3 (29 U.S.C. 794), as amended; or (2) Require the employee to partici-pate satisfactorily in a drug abuse as-sistance or rehabilitation program ap-proved for these purposes by a Federal, State or local health, law enforcement, or other appropriate agency. 36.230 How and when must I identify workplac
43、es? (a) You must identify all known workplaces under each EPA award. A failure to do so is a violation of your drug-free workplace requirements. You may identify the workplacesl (1) To the EPA official that is mak-ing the award, either at the time of ap-plication or upon award; or (2) In documents t
44、hat you keep on file in your offices during the perform-ance of the award, in which case you must make the information available for inspection upon request by EPA of-ficials or their designated representa-tives. (b) Your workplace identification for an award must include the actual ad-dress of buil
45、dings (or parts of build-ings) or other sites where work under the award takes place. Categorical de-scriptions may be used (e.g., all vehi-cles of a mass transit authority or State highway department while in op-eration, State employees in each local unemployment office, performers in concert halls
46、 or radio studios). (c) If you identified workplaces to the EPA awarding official at the time of application or award, as described in paragraph (a)(1) of this section, and any workplace that you identified changes during the performance of the award, you must inform the EPA awarding official. Subpa
47、rt CRequirements for Recipients Who Are Individuals 36.300 What must I do to comply with this part if I am an individual re-cipient? As a condition of receiving a(n) EPA award, if you are an individual recipi-ent, you must agree that (a) You will not engage in the unlaw-ful manufacture, distribution
48、, dis-pensing, possession, or use of a con-trolled substance in conducting any ac-tivity related to the award; and (b) If you are convicted of a criminal drug offense resulting from a violation occurring during the conduct of any award activity, you will report the con-viction: (1) In writing. (2) W
49、ithin 10 calendar days of the conviction. (3) To the EPA awarding official or other designee for each award that you currently have, unless 36.301 or the award document designates a central point for the receipt of the notices. When notice is made to a central point, it must include the identification num-ber(s) of each affected award. 36.301 Reserved Subpart DResponsibilities of EPA Awarding Officials 36.400 What are my
