30 C.F.R. § 886.18 Grant reduction, suspension, and termination.
Title 30 - Mineral Resources
(a) Conditions for reduction, suspension or termination. (1) If an agency violates the terms of a grant agreement or an approved reclamation plan, OSM may reduce, suspend or terminate the grant. (2) If an agency fails to obligate moneys distributed and granted within three years from the date of grant award, or within an extension granted under §886.13 or §886.17, OSM may reduce the grant in accordance with §872.11 (b)(1) and (b)(2) of this subchapter. (3) If an agency fails to implement, enforce, or maintain an approved State regulatory program or any part thereof and, as a result, the administration and enforcement grant provided under part 735 of this chapter is terminated, OSM shall terminate the grant awarded under this part. This paragraph does not apply to Indian tribes who receive reclamation funds without having an approved regulatory program. (4) If an agency is not in compliance with the following nondiscrimination provisions, OSM shall terminate the grant: (i) Title VI of the Civil Rights Act of 1964, Pub. L. 88–352, 78 Stat. 252 (42 U.S.C. 2000d-1). “Nondiscrimination in Federally Assisted Programs”, which provides that 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, and the implementing regulations in 43 CFR part 17. (ii) Executive Order 11246, as amended by Executive Order 11375, “Equal Employment Opportunity,” requiring that employees or applicants for employment not be discriminated against because of race, creed, color, sex, or national origin, and the implementing regulations in 40 CFR part 60. (iii) Section 504 of the Rehabilitation Act of 1973, Pub. L. 93–112, 87 Stat. 355 (29 U.S.C. 794), as amended by Executive Order 11914, “Nondiscrimination with Respect to the Handicapped in Federally Assisted Programs.” (5) If an agency fails to enforce the financial interest provisions of part 705 of this chapter, OSM shall terminate the grant. (6) If an agency fails to submit reports required by this subchapter or part 705 of this chapter, OSM shall terminate the grant. (7) If an agency fails to submit a reclamation plan amendment as required by §884.15, OSM may reduce, suspend, or terminate all existing AML grants in whole or in part or may refuse to process all future grant applications. (b) Remedies for noncompliance. If a grantee or subgrantee materially fails to comply with any term of an award, whether stated in a Federal statute or regulation, an assurance in a State plan or application, a notice of award, or elsewhere, OSM may take one or more the following actions, as appropriate in the circumstances: (1) Temporarily withhold cash payments pending correction of the deficiency by the grantee or subgrantee; (2) Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance; (3) Wholly or partly suspend or terminate the current award for the grantee's or subgrantee's program; (4) Withhold further grant awards for the program; or (5) Take other remedies that may be legally available. (c) Grant reduction, suspension, and termination procedures. (1) The OSM official delegated grant signature authority shall give the agency at least 30 days written notice of intent to reduce, suspend, or terminate a grant. OSM must send this notice by certified mail, return receipt requested. OSM shall include in the notice the reasons for the proposed action and the proposed effective date of the action. (2) OSM shall afford the agency opportunity for consultation and remedial action before reducing or terminating a grant. (3) The OSM official delegated grant signature authority shall notify the agency of the termination, suspension, or reduction of the grant in writing by certified mail, return receipt requested. (4) Upon termination, the agency shall refund or credit to the Fund that remaining portion of the grant money not encumbered. However, the agency shall retain any portion of the grant that is required to meet contractual commitments made before the effective date of termination. (5) Upon receiving notification of OSM's intent to terminate the grant, the agency shall not make any new commitments without OSM's approval. (6) OSM may allow termination costs as determined by applicable Federal cost principles listed in Office of Management and Budget Circular A–87. (7) Either OSM or the agency may terminate or reduce a grant if both parties agree that continuing the program would not produce beneficial results commensurate with the further expenditure of funds. Such a termination for convenience shall be handled as an amendment and shall be signed by the OSM official delegated grant signature authority. (d) Appeals. (1) Within 30 days of OSM's decision to reduce, suspend, or terminate a grant, the agency may appeal the decision to the Director. (i) The agency shall include in the appeal a statement of the decision being appealed and the facts that the agency believes justify a reversal or modification of the decision. (ii) The Director shall decide the appeal within 30 days of receipt. (2) Within 30 days of the Director's decision to reduce, suspend, or terminate a grant, the agency may appeal the decision to the Secretary. (i) The agency shall include in the appeal a statement of the decision being appealed and the facts that the agency believes justify a reversal or modification of the decision. (ii) The Secretary shall act upon the appeal within 30 days of receipt. [47 FR 28601, June 30, 1982, as amended at 51 FR 9444, Mar. 19, 1986; 60 FR 9982, Feb. 22, 1995]
Title 30: Mineral Resources
PART 886—STATE AND TRIBAL RECLAMATION GRANTS
§ 886.18 Grant reduction, suspension, and termination.
