section_id,title_number,title_name,chapter,subchapter,part_number,part_name,subpart,subpart_name,section_number,section_heading,agency,authority,source_citation,amendment_citations,full_text 14:14:4.0.1.1.33.0.8.1,14,Aeronautics and Space,II,A,256,PART 256—ELECTRONIC AIRLINE INFORMATION SYSTEMS,,,,§ 256.1 Purpose.,FAA,,,,"(a) The purpose of this part is to set forth requirements for the display of flight options by electronic airline information systems that provide air carrier or foreign air carrier schedule, fare, or availability information, including, but not limited to, global distribution systems (GDSs), corporate booking tools, and internet flight search tools, for use by consumers, carriers, ticket agents, and other business entities so as to prevent unfair or deceptive practices in the distribution and sale of air transportation. (b) Nothing in this part exempts any person from the operation of the antitrust laws set forth in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12)." 14:14:4.0.1.1.33.0.8.2,14,Aeronautics and Space,II,A,256,PART 256—ELECTRONIC AIRLINE INFORMATION SYSTEMS,,,,§ 256.2 Applicability.,FAA,,,,"(a) This part applies to any air carrier, foreign air carrier, or ticket agent that operates an electronic airline information system, e.g., GDS, corporate booking tool, or internet flight search tool, that combines the schedules, fares or availability information of more than one air carrier or foreign air carrier for the distribution or sale in the United States of interstate or foreign air transportation. (b) This part applies only if the electronic airline information system is displayed on a Web site marketed to consumers in the United States or on a proprietary display available to travel agents, business entities, or a limited segment of consumers of air transportation in the United States." 14:14:4.0.1.1.33.0.8.3,14,Aeronautics and Space,II,A,256,PART 256—ELECTRONIC AIRLINE INFORMATION SYSTEMS,,,,§ 256.3 Definitions.,FAA,,,,"For purposes of this part: Availability means information provided in displays with respect to the ability to make a reservation on a particular flight. Display means the presentation of air carrier or foreign air carrier schedules, fares, or availability to a consumer or agent or other individual involved in arranging air travel for a consumer by means of a computer or mobile electronic device. Electronic airline information system or EAIS means a system that combines air carrier or foreign air carrier schedule, fare, or availability information for transmission or display to air carriers or foreign air carriers, ticket agents, other business entities, or consumers. Integrated display means any display that includes the schedules, fares or availability of more than one listed carrier." 14:14:4.0.1.1.33.0.8.4,14,Aeronautics and Space,II,A,256,PART 256—ELECTRONIC AIRLINE INFORMATION SYSTEMS,,,,§ 256.4 Prohibition on undisclosed display bias.,FAA,,,,"Each air carrier, foreign air carrier, and ticket agent that operates an EAIS must comply with the requirements of this section. (a) Each EAIS that uses any factor, not based on user selection or corporate contract travel arrangement, directly or indirectly relating to carrier identity in ordering the information contained in an integrated display must clearly disclose as provided for in § 256.5 that the identity of the carrier is a factor in the order in which information is displayed. (b) An EAIS's integrated display must not give any carrier's flights a system-imposed preference over any other carrier's flights in that market based on carrier identity unless the preference is prominently disclosed as provided for in § 256.5. (c) Each EAIS must display information in an objective manner based on search criteria selected by the user ( e.g., lowest fare, lowest total cost, date and time of travel, class of service, stopovers, total elapsed time or duration of travel, number of stops, limitations on carriers to be used, particular airport(s), number of passengers, etc.) When providing information in response to a search by a user of the EAIS, the EAIS must order the information provided so that the flight options that best satisfy the parameters of the user-selected search criteria are displayed conspicuously and no less prominently ( e.g., in the same or larger font size and the same or more noticeable font color) than any other flight option displayed. Flight options may be presented in sequence, matrix, or other formats, but the flight options that best satisfy the parameters of the user-selected search criteria must be ranked in lists above other flight options, or identified more prominently than other flight options in a matrix or other format. This does not preclude systems from setting default display parameters that are not deceptive or offering users the option to choose a variety of display methods within those parameters." 14:14:4.0.1.1.33.0.8.5,14,Aeronautics and Space,II,A,256,PART 256—ELECTRONIC AIRLINE INFORMATION SYSTEMS,,,,§ 256.5 Minimum disclosure requirements for biased displays.,FAA,,,,"To the extent an EAIS engages in display bias based on carrier identity, it must clearly and conspicuously disclose that fact at the top of each search result display presented to the user in response to the user-selected search criteria. The notice must state that the flights are not displayed in neutral order and that certain airlines' fare, schedule or availability information is given preferential treatment in how it is displayed." 14:14:4.0.1.1.33.0.8.6,14,Aeronautics and Space,II,A,256,PART 256—ELECTRONIC AIRLINE INFORMATION SYSTEMS,,,,§ 256.6 No requirement to provide access to systems.,FAA,,,,"Nothing in this section requires an air carrier, foreign air carrier, or ticket agent to allow a system to access its internal computer reservation system or to permit “screen scraping” or “content scraping” of its Web site; nor does it require an air carrier or foreign air carrier to permit the marketing or sale of the carrier's services through any ticket agent or other carrier's system. “Screen scraping” as used in this paragraph refers to a process whereby a company uses computer software techniques to extract information from other companies' Web sites without permission from the company operating the targeted Web site." 15:15:1.2.2.5.7.0.5.1,15,Commerce and Foreign Trade,II,E,256,PART 256—RESEARCH ASSOCIATE PROGRAM,,,,§ 256.1 Introduction.,NIST,,,,"This part states policies and procedures concerning the Research Associate Program at the National Institute of Standards & Technology. In the exercise of its functions as a major scientific agency of the Federal Government, the National Institute of Standards & Technology may make its facilities available to persons other than Bureau employees to work with scientists and engineers in collaborative research aimed at furthering the Nation's scientific, industrial, and economic growth. Such cooperative programs may be sponsored by professional, technical, or industrial organizations or associations. Such participants, when so sponsored, are designated “Research Associates”." 15:15:1.2.2.5.7.0.5.2,15,Commerce and Foreign Trade,II,E,256,PART 256—RESEARCH ASSOCIATE PROGRAM,,,,§ 256.2 The Research Associate Program.,NIST,,,"[32 FR 10252, July 12, 1967, as amended at 40 FR 50707, Oct. 31, 1975]","The Bureau provides its facilities, scientific competence, and technical supervision for defined scientific or technical research by a Research Associate when such research is complementary to and compatible with scientific or technical research being performed or to be undertaken by NIST under its statutory mission and authority. The Sponsors pay the salaries of their Research Associates and Sponsor-furnished technical assistants and secretaries of the Research Associates, if any, their travel costs, and other related expenses. Additionally, Sponsors reimburse NIST for the cost of research equipment, services, or materials obtained for the Research Associate." 15:15:1.2.2.5.7.0.5.3,15,Commerce and Foreign Trade,II,E,256,PART 256—RESEARCH ASSOCIATE PROGRAM,,,,§ 256.3 Procedure.,NIST,,,,"Arrangements for collaborative research by NIST with a Research Associate generally begin through discussions or correspondence between NIST scientists and representatives of potential sponsoring companies, trade associations or professional organizations. These preliminary steps are followed by the consummation of a Memorandum of Agreement which is signed by NIST, the sponsoring organization and the Research Associate. The agreement sets out the respective responsibilities and obligations of all parties." 15:15:1.2.2.5.7.0.5.4,15,Commerce and Foreign Trade,II,E,256,PART 256—RESEARCH ASSOCIATE PROGRAM,,,,§ 256.4 Qualifications.,NIST,,,,"Each candidate selected to serve as a Research Associate must be determined to be scientifically qualified by the Sponsor and by the NIST, and found by NIST to be of good moral character and to possess suitable personal qualities." 15:15:1.2.2.5.7.0.5.5,15,Commerce and Foreign Trade,II,E,256,PART 256—RESEARCH ASSOCIATE PROGRAM,,,,§ 256.5 Duration of projects.,NIST,,,,"The work of a Research Associate is generally conducted on a full-time basis. Typically, Research Associates are in residence at NIST for 6 to 18 months; longer-term programs may be carried on by a succession of Research Associates. Agreements provide for cancellation by any of the parties." 15:15:1.2.2.5.7.0.5.6,15,Commerce and Foreign Trade,II,E,256,PART 256—RESEARCH ASSOCIATE PROGRAM,,,,§ 256.6 Information concerning the Research Associate Program.,NIST,,,"[40 FR 50707, Oct. 31, 1975]","Information concerning the Research Associate Program may be obtained from the Industrial Liaison Officer, National Institute of Standards & Technology, Washington, DC 20234." 40:40:27.0.1.4.37.1.17.1,40,Protection of Environment,I,I,256,PART 256—GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF STATE SOLID WASTE MANAGEMENT PLANS,A,"Subpart A—Purpose, General Requirements, Definitions",,§ 256.01 Purpose and scope of the guidelines.,EPA,,,,"(a) The purpose of these guidelines is to assist in the development and implementation of State solid waste management plans, in accordance with section 4002(b) of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6942(b)) (the “Act”). These guidelines contain methods for achieving the objectives of environmentally sound management and disposal of solid and hazardous waste, resource conservation, and maximum utilization of valuable resources. (b) These guidelines address the minimum requirements for approval of State plans as set forth in section 4003 of the Act. These are: (1) The plan shall identify, in accordance with section 4006(b), (i) the responsibilities of State, local, and regional authorities in the implementation of the State plan, (ii) the distribution of Federal funds to the authorities responsible for development and implementation of the State plan, and (iii) the means for coordinating regional planning and implementation under the State plan. (2) The plan shall, in accordance with section 4005(c), prohibit the establishment of new open dumps within the State, and contain requirements that all solid waste (including solid waste originating in other States, but not including hazardous waste) shall be (i) utilized for resource recovery or (ii) disposed of in sanitary landfills (within the meaning of section 4004(a)) or otherwise disposed of in an environmentally sound manner. (3) The plan shall provide for the closing or upgrading of all existing open dumps within the State pursuant to the requirements of section 4005. (4) The plan shall provide for the establishment of such State regulatory powers as may be necessary to implement the plan. (5) The plan shall provide that no local government within the State shall be prohibited under State or local law from entering into long-term contracts for the supply of solid waste to resource recovery facilities. (6) The plan shall provide for resource conservation or recovery and for the disposal of solid waste in sanitary landfills or for any combination of practices so as may be necessary to use or dispose of such waste in a manner that is environmentally sound. (c) These guidelines address the requirement of section 4005(c) that a State plan: Shall establish, for any entity which demonstrates that it has considered other public or private alternatives for solid waste management to comply with the prohibition on open dumping and is unable to utilize such alternatives to so comply, a timetable or schedule of compliance for such practice or disposal of solid waste which specifies a schedule of remedial measures, including an enforceable sequence of actions or operations leading to compliance with the prohibition on open dumping of solid waste within a reasonable time (not to exceed five years from the date of publication of the inventory). Shall establish, for any entity which demonstrates that it has considered other public or private alternatives for solid waste management to comply with the prohibition on open dumping and is unable to utilize such alternatives to so comply, a timetable or schedule of compliance for such practice or disposal of solid waste which specifies a schedule of remedial measures, including an enforceable sequence of actions or operations leading to compliance with the prohibition on open dumping of solid waste within a reasonable time (not to exceed five years from the date of publication of the inventory)." 40:40:27.0.1.4.37.1.17.2,40,Protection of Environment,I,I,256,PART 256—GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF STATE SOLID WASTE MANAGEMENT PLANS,A,"Subpart A—Purpose, General Requirements, Definitions",,§ 256.02 Scope of the State solid waste management plan.,EPA,,,,"(a)(1) The State plan shall address all solid waste in the State that poses potential adverse effects on health or the environment or provides opportunity for resource conservation or resource recovery. The plan shall consider: (i) Hazardous wastes; (ii) Residential, commercial and institutional solid waste; (iii) Wastewater treatment sludge; (iv) Pollution control residuals; (v) Industrial wastes; (vi) Mining wastes; (vii) Agricultural wastes; (viii) Water treatment sludge; and (ix) Septic tank pumpings. (2) The State plan shall consider the following aspects of solid waste management: (i) Resource conservation; (ii) Source separation; (iii) Collection; (iv) Transportation; (v) Storage; (vi) Transfer; (vii) Processing (including resource recovery); (viii) Treatment; and (ix) Disposal. (b) The State Plan shall establish and justify priorities and timing for actions. These priorities shall be based on the current level of solid waste management planning and implementation within the State, the extent of the solid waste management problem, the health, environmental and economic impacts of the problem, and the resources and management approaches available. (c) The State plan shall set forth an orderly and manageable process for achieving the objectives of the Act and meeting the requirements of these quidelines. This process shall describe as specifically as possible the activities to be undertaken, including detailed schedules and milestones. (d) The State plan shall cover a minimum of a five year time period from the date submitted to EPA for approval. (e) The State plan shall identify existing State legal authority for solid waste management and shall identify modifications to regulations necessary to meet the requirements of these guidelines." 40:40:27.0.1.4.37.1.17.3,40,Protection of Environment,I,I,256,PART 256—GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF STATE SOLID WASTE MANAGEMENT PLANS,A,"Subpart A—Purpose, General Requirements, Definitions",,"§ 256.03 State plan submission, adoption, and revision.",EPA,,,"[44 FR 45079, July 31, 1979, as amended at 46 FR 47051, Sept. 23, 1981]","(a) To be considered for approval, the State plan shall be submitted to EPA within a reasonable time after final promulgation of these guidelines. (b) Prior to submission to EPA, the plan shall be adopted by the State pursuant to State administrative procedures. (c) The plan shall be developed in accord with public participation procedures required by Subpart G of this part. (d) The plan shall contain procedures for revision. The State plan shall be revised by the State, after notice and public hearings, when the Administrator, by regulation, or the State determines, that: (1) The State plan is not in compliance with the requirements of these guidelines; (2) Information has become available which demonstrates the inadequacy of the plan; or (3) Such revision is otherwise necessary. (e) The State plan shall be reviewed by the State and, where necessary, revised and readopted not less frequently than every three years. (f) States which are developing a complete State plan may submit the portion of the plan designed to satisfy the requirements of § 256.26 prior to submission of the complete plan." 40:40:27.0.1.4.37.1.17.4,40,Protection of Environment,I,I,256,PART 256—GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF STATE SOLID WASTE MANAGEMENT PLANS,A,"Subpart A—Purpose, General Requirements, Definitions",,"§ 256.04 State plan approval, financial assistance.",EPA,,,"[44 FR 45079, July 31, 1979, as amended at 46 FR 47051, Sept. 23, 1981]","(a) The Administrator shall, within six months after a State plan has been submitted for approval, approve or disapprove the plan. The Administrator shall approve a plan if he determines that: (1) It meets the requirements of these guidelines which address sections 4003(1), (2), (3), and (5), and (2) It contains provisions for revision pursuant to § 256.03. (b) The Administrator shall review approved plans from time to time, and if he determines that revisions or corrections are necessary to bring such plan into compliance with all of the requirements of these guidelines, including the requirements which address sections 4003(4) and (6) and any new or revised requirement established by amendment to this part, he shall notify the State and provide an opportunity for such revisions and corrections and for an appeal and public hearing. If the plan continues to remain out of compliance, he shall withdraw his approval of such plan. (c) Such withdrawal of approval shall cease to be effective upon the Administrator's determination that the State plan complies with the requirements of these guidelines. (d) The Administrator shall approve a State application for financial assistance under subtitle D of the Act, and make grants to such State, if the Administrator determines that the State plan continues to be eligible for approval and is being implemented by the State. (e) Upon withdrawal of approval of a State plan, the Administrator shall withhold Federal financial and technical assistance under subtitle D (other than such technical assistance as may be necessary to assist in obtaining reinstatement of approval) until such time as approval is reinstated. (Procedures for termination of financial assistance and for settlement of disputes are contained in 40 CFR part 30, appendix A, articles 7 and 8.) (f) If a State submits to EPA the portion of the plan by which entities may, pursuant to § 256.26, obtain timetables or schedules of compliance for complying with the open dumping prohibition, the Administrator shall approve such portion of the plan if he determines that: (1) The portion submitted satisfies the requirements of § 256.26; (2) The State has the general legal authority to issue and enforce compliance schedules; and (3) The remainder of the plan is being developed in conformity with these guidelines and will be completed within a reasonable period of time. In giving partial plan approval, the Administrator shall specify in writing the timetable for completion of the final plan as required in paragraph (f)(3) of this section." 40:40:27.0.1.4.37.1.17.5,40,Protection of Environment,I,I,256,PART 256—GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF STATE SOLID WASTE MANAGEMENT PLANS,A,"Subpart A—Purpose, General Requirements, Definitions",,§ 256.05 Annual work program.,EPA,,,,"(a) The annual work program submitted for financial assistance under section 4008(a)(1) and described in the grant regulations (40 CFR part 35) shall be reviewed by the Administrator in order to determine whether the State plan is being implemented by the State. (b) The Administrator and the State shall agree on the contents of the annual work program. The Administrator will consider State initiatives and priorities, in light of the goals of the Act, in determining annual work programs for each State. The annual work program represents a State's obligation incurred by acceptance of financial assistance. (c) Annual guidance for the development of State work programs will be issued by EPA. While this guidance will establish annual national priorities, flexibility will be provided in order to accommodate differing State priorities. (d) The following documents developed under the State plan shall be included by reference in the annual work program: (1) Substate solid waste management plans, (2) Plans for the development of facilities and services, including hazardous waste management facilities and services, and (3) Evidence of actions or steps taken to close or upgrade open dumps. (e) The annual work program shall allocate the distribution of Federal funds to agencies responsible for the development and implementation of the State plan." 40:40:27.0.1.4.37.1.17.6,40,Protection of Environment,I,I,256,PART 256—GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF STATE SOLID WASTE MANAGEMENT PLANS,A,"Subpart A—Purpose, General Requirements, Definitions",,§ 256.06 Definitions.,EPA,,,,"Terms not defined below have the meanings assigned them by section 1004 of the Act. The Act means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901 et seq. ). Criteria means the “Criteria for Classification of Solid Waste Disposal Facilities”, 40 CFR Part 257, promulgated under section 4004(a) of the Act. Facility refers to any resource recovery system or component thereof, any system, program or facility for resource conservation, and any facility for collection, source separation, storage, transportation, transfer, processing, treatment or disposal of solid waste, including hazardous waste, whether such facility is associated with facilities generating such wastes or not. Implementation means putting the plan into practice by carrying out planned activities, including compliance and enforcement activities, or ensuring such activities are carried out. Inactive facility means a facility which no longer receives solid waste. Inventory of open dumps means the inventory required under section 4005(b) and is defined as the list published by EPA of those disposal facilities which do not meet the criteria. Operator includes facility owners and operators. A permit is an entitlement to commence and continue operation of a facility as long as both procedural and performance standards are met. The term “permit” includes any functional equivalent such as a registration or license. Planning includes identifying problems, defining objectives, collecting information, analyzing alternatives and determining necessary activities and courses of action. Provide for in the phrase “the plan shall (should) provide for” means explain, establish or set forth steps or courses of action. The term shall denotes requirements for the development and implementation of the State plan. The term should denotes recommendations for the development and implementation of the State plan. Substate refers to any public regional, local, county, municipal, or intermunicipal agency, or regional or local public (including interstate) solid or hazardous waste management authority, or other public agency below the State level." 40:40:27.0.1.4.37.2.17.1,40,Protection of Environment,I,I,256,PART 256—GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF STATE SOLID WASTE MANAGEMENT PLANS,B,Subpart B—Identification of Responsibilities; Distribution of Funding,,§ 256.10 Requirements.,EPA,,,,"(a) In accordance with sections 4003(1) and 4006 and the interim guidelines for identification of regions and agencies for solid waste management (40 CFR part 255), the State plan shall provide for: (1) The identification of the responsibilities of State and substate (regional, local and interstate) authorities in the development and implementation of the State plan; (2) The means of distribution of Federal funds to the authorities responsible for development and implementation of the State plan; and (3) The means for coordinating substate planning and implementation. (b) Responsibilities shall be identified for the classification of disposal facilities for the inventory of open dumps. (c) Responsibilities shall be identified for development and implementation of the State regulatory program described in subpart C of this part. (d) Responsibilities shall be identified for the development and implementation of the State resource conservation and resource recovery program described in subpart D of this part. (e) State, substate and private sector responsibilities shall be identified for the planning and implementation of solid and hazardous waste management facilities and services. (f) Financial assistance under sections 4008(a) (1) and (2) shall be allocated by the State to State and substate authorities carrying out development and implementation of the State plan. Such allocation shall be based on the responsibilities of the respective parties as determined under section 4006(b)." 40:40:27.0.1.4.37.2.17.2,40,Protection of Environment,I,I,256,PART 256—GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF STATE SOLID WASTE MANAGEMENT PLANS,B,Subpart B—Identification of Responsibilities; Distribution of Funding,,§ 256.11 Recommendations.,EPA,,,,"(a) Responsibilities should be identified for each of the solid waste types listed in § 256.02(a)(1). (b) Responsibilities should be identified for each of the aspects of solid waste management listed in § 256.02(a)(2). (c) Responsibilities should be identified for planning and designating ground water use with respect to design and operation of solid waste disposal facilities. (d) Responsibilities should be identified for the development and implementation of the authorized State hazardous waste management program under subtitle C of the Act. (e) The State plan should include a schedule and procedure for the continuing review, reassessment and reassignment of responsibilities." 40:40:27.0.1.4.37.3.17.1,40,Protection of Environment,I,I,256,PART 256—GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF STATE SOLID WASTE MANAGEMENT PLANS,C,Subpart C—Solid Waste Disposal Programs,,§ 256.20 Requirements for State legal authority.,EPA,,,,"In order to comply with sections 4003 (2) and (3), the State plan shall assure that the State has adequate legal authority to prohibit the establishment of new open dumps and to close or upgrade existing open dumps. The prohibition of the establishment of new open dumps shall take effect no later than six months after the date of promulgation of the criteria or on the date of approval of the State plan, whichever is later." 40:40:27.0.1.4.37.3.17.2,40,Protection of Environment,I,I,256,PART 256—GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF STATE SOLID WASTE MANAGEMENT PLANS,C,Subpart C—Solid Waste Disposal Programs,,§ 256.21 Requirements for State regulatory powers.,EPA,,,,"In order to comply with section 4003(4), the State plan shall provide for the establishment of State regulatory powers. These powers: (a) Shall be adequate to enforce solid waste disposal standards which are equivalent to or more stringent than the criteria for classification of solid waste disposal facilities (40 CFR part 257). Such authority shall be as definitive as possible and clearly establish the means for compliance. (b) Shall include surveillance capabilities necessary to detect adverse environmental effects from solid waste disposal facilities. Such capabilities shall include access for inspection and monitoring by regulatory officials and the authority to establish operator monitoring and reporting requirements. (c) Shall make use of a permit program which ensures that the establishment of new open dumps is prohibited. (d) Shall have administrative and judicial enforcement capabilities, including enforceable orders, fines or other administrative procedures, as necessary to ensure compliance." 40:40:27.0.1.4.37.3.17.3,40,Protection of Environment,I,I,256,PART 256—GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF STATE SOLID WASTE MANAGEMENT PLANS,C,Subpart C—Solid Waste Disposal Programs,,§ 256.22 Recommendations for State regulatory powers.,EPA,,,,"In order to assist compliance with section 4003(4), the following are recommendations for State regulatory powers as may be necessary to prohibit new open dumps and close or upgrade all existing open dumps. (a) Solid waste disposal standards: (1) Should be based on the health and environmental impacts of disposal facilities. (2) Should specify design and operational standards. (3) Should take into account the climatic, geologic, and other relevant characteristics of the State. (b) Surveillance systems should establish monitoring requirements for facilities. (1) Every facility should be evaluated for potential adverse health and environmental effects. Based on this evaluation, instrumentation, sampling, monitoring, and inspection requirements should be established. (2) Every facility which produces leachate in quantities and concentrations that could contaminate ground water in an aquifer should be required to monitor to detect and predict contamination. (3) Inspectors should be trained and provided detailed instructions for checking on the procedures and conditions that are specified in the engineering plan and site permit. Provisions should be made to ensure chain of custody for evidence. (c) Facility assessment and prescription of remedial measures should be carried out by adequately trained or experienced professional staff, including engineers and geologists. (d) The State permit system should provide the administrative control to prohibit the establishment of new open dumps and to assist in meeting the requirement that all wastes be used or disposed in an environmentally sound manner. (1) Permitting procedures for new facilities should require applicants to demonstrate that the facility will comply with the criteria. (2) The permit system should specify, for the facility operator, the location, design, construction, operational, monitoring, reporting, completion and maintenance requirements. (3) Permit procedures should include provisions to ensure that future use of the property on which the facility is located is compatible with that property's use as a solid waste disposal facility. These procedures should include identification of future land use or the inclusion of a stipulation in the property deed which notifies future purchasers of precautions necessitated by the use of the property as a solid waste disposal facility. (4) Permits should only be issued to facilities that are consistent with the State plan, or with substate plans developed under the State plan. (e) The enforcement system should be designed to include both administrative procedures and judicial remedies to enforce the compliance schedules and closure procedures for open dumps. (1) Permits, surveillance, and enforcement system capabilities should be designed for supporting court action. (2) Detection capabilities and penalties for false reporting should be provided for." 40:40:27.0.1.4.37.3.17.4,40,Protection of Environment,I,I,256,PART 256—GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF STATE SOLID WASTE MANAGEMENT PLANS,C,Subpart C—Solid Waste Disposal Programs,,§ 256.23 Requirements for closing or upgrading open dumps.,EPA,,,,"In meeting the requirement of section 4003(3) for closing or upgrading open dumps: (a) The State plan shall provide for the classification of existing solid waste disposal facilities according to the criteria. This classification shall be submitted to EPA, and facilities classified as open dumps shall be published in the inventory of open dumps. (b) The State plan shall provide for an orderly time-phasing of the disposal facility classifications described in paragraph (a) of this section. The determination of priorities for the classification of disposal facilities shall be based upon: (1) The potential health and environmental impact of the solid waste disposal facility; (2) The availability of State regulatory and enforcement powers; and (3) The availability of Federal and State resources for this purpose. (c) For each facility classified as an open dump the State shall take steps to close or upgrade the facility. Evidence of that action shall be incorporated by reference into the annual work program and be made publicly available. When the State's actions concerning open dumps are modified, the changes shall be referenced in subsequent annual work programs. (d) In providing for the closure of open dumps the State shall take steps necessary to eliminate health hazards and minimize potential health hazards. These steps shall include requirements for long-term monitoring or contingency plans where necessary." 40:40:27.0.1.4.37.3.17.5,40,Protection of Environment,I,I,256,PART 256—GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF STATE SOLID WASTE MANAGEMENT PLANS,C,Subpart C—Solid Waste Disposal Programs,,§ 256.24 Recommendations for closing or upgrading open dumps.,EPA,,,"[44 FR 45079, July 31, 1979, as amended at 46 FR 47051, Sept. 23, 1981]","(a) All sources of information available to the State should be used to aid in the classification of facilities. Records of previous inspections and monitoring, as well as new inspections and new monitoring, should be considered. (b) The steps to close or upgrade open dumps established under § 256.23(c) should be coordinated with the facility needs assessment described in § 256.41. (c) A determination should be made of the feasibility of resource recovery or resource conservation to reduce the solid waste volume entering a facility classified as an open dump; and feasible measures to achieve that reduction should be implemented. (d) At the time of classification of existing solid waste disposal facilities pursuant to § 256.23, the State should consider developing appropriate timetables or schedules by which any responsible party can be brought into compliance with the open dumping prohibition pursuant to §§ 256.26 and 256.27." 40:40:27.0.1.4.37.3.17.6,40,Protection of Environment,I,I,256,PART 256—GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF STATE SOLID WASTE MANAGEMENT PLANS,C,Subpart C—Solid Waste Disposal Programs,,§ 256.25 Recommendation for inactive facilities.,EPA,,,,"Inactive facilities that continue to produce adverse health or environmental effects should be evaluated according to the criteria. The State plan should provide for measures to ensure that adverse health or environmental effects from inactive facilities are minimized or eliminated. Such measures may include actions by disposal facility owners and operators, notification of the general public, adjacent residents and other affected parties and notification of agencies responsible for public health and safety." 40:40:27.0.1.4.37.3.17.7,40,Protection of Environment,I,I,256,PART 256—GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF STATE SOLID WASTE MANAGEMENT PLANS,C,Subpart C—Solid Waste Disposal Programs,,§ 256.26 Requirement for schedules leading to compliance with the prohibition of open dumping.,EPA,,,,"In implementing the section 4005(c) prohibition on open dumping, the State plan shall provide that any entity which demonstrates that it has considered other public or private alternatives to comply with the prohibition on open dumping and is unable to utilize such alternatives to so comply, may obtain a timetable or schedule for compliance which specifies a schedule of remedial measures, and an enforceable sequence of actions, leading to compliance within a reasonable time (not to exceed 5 years from the date of publication of the inventory)." 40:40:27.0.1.4.37.3.17.8,40,Protection of Environment,I,I,256,PART 256—GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF STATE SOLID WASTE MANAGEMENT PLANS,C,Subpart C—Solid Waste Disposal Programs,,§ 256.27 Recommendation for schedules leading to compliance with the prohibition of open dumping.,EPA,,,,"In reviewing applications for compliance schedules under § 256.26, the State should consider the availability of processing and disposal facilities, the likelihood of environmental damage from disposal at available facilities, the existence of State or substate requirements (including other compliance schedules) applicable to available facilities, cost constraints, existing contractual agreements and other pertinent factors." 40:40:27.0.1.4.37.4.17.1,40,Protection of Environment,I,I,256,PART 256—GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF STATE SOLID WASTE MANAGEMENT PLANS,D,Subpart D—Resource Conservation and Resource Recovery Programs,,§ 256.30 Requirements.,EPA,,,,"(a) In order to comply with sections 4003(2) and (6) as they pertain to resource conservation and recovery, the State plan shall provide for a policy and strategy for encouragement of resource recovery and conservation activities. (b) In order to comply with section 4003(5), the State plan shall provide that no local government within the State is prohibited under State or local law from entering into long-term contracts for the supply of solid waste to resource recovery facilities." 40:40:27.0.1.4.37.4.17.2,40,Protection of Environment,I,I,256,PART 256—GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF STATE SOLID WASTE MANAGEMENT PLANS,D,Subpart D—Resource Conservation and Resource Recovery Programs,,§ 256.31 Recommendations for developing and implementing resource conservation and recovery programs.,EPA,,,,"(a) In order to encourage resource recovery and conservation, the State plan should provide for technical assistance, training, information development and dissemination, financial support programs, market studies and market development programs. (b) In order to comply with the requirement of § 256.30(b) regarding long-term contract prohibitions, the State plan should provide for: (1) Review of existing State and local laws and regulations pertinent to contracting for resource recovery services or facilities. (2) Reporting of all laws and regulations found to be in violation of this requirement to the executive officer of the administrative agency responsible for the statute. (3) Development of an administrative order or a revised law or regulation or any other preliminary step for the removal or amending of a law or regulation in violation of this requirement. (4) Development of a strategy for the consideration of the legislature to prohibit and/or remove from State or local law provisions in violation of this requirement. (c) The State plan should aid and encourage State procurement of products containing recovered materials in accord with section 6002 of the Act. To assist this effort, the State plan should provide for: (1) The development of a policy statement encouraging the procurement of recovered materials, wherever feasible; (2) The identification of the key purchasing agencies of the State, along with potential uses of recovered materials by these agencies; and, (3) The development of a plan of action to promote the use of recovered materials through executive order, legislative initiative, or other action that the State deems necessary. (d) In order to encourage resource recovery and conservation, the State plan should provide for the elimination, to the extent possible, of restrictions on the purchase of goods or services, especially negotiated procurements, for resource recovery facilities. This should include: (1) Review of existing State and local laws pertinent to the procurement of equipment and services for the design, construction and operation of resource recovery facilities; (2) Listing of all laws that limit the ability of localities to negotiate for the procurement of the design, construction, or operation of resource recovery facilities; (3) Development of administrative orders or legislation or other action that would eliminate these restrictions; and (4) Development of a strategy and plan of action for the consideration of the legislature for execution of administrative orders or other action that would eliminate these restrictions. (e) The State plan should encourage the development of resource recovery and resource conservation facilities and practices as the preferred means of solid waste management whenever technically and economically feasible. The State plan should provide for the following activities: (1) The composition of wastes should be analyzed with particular emphasis on recovery potential for material and energy, including fuel value, percentages of recoverable industrial wastes, grades of wastepaper, glass, and non-ferrous and ferrous metals. (2) Available and potential markets for recovered materials and energy should be identified, including markets for recoverable industrial wastes; wastepapers; ferrous and non-ferrous metals; glass; solid, liquid, or gaseous fuels; sludges; and tires. The following should be evaluated: location and transportation requirements, materials and energy specifications of user industries, minimum quantity requirements, pricing mechanisms and long-term contract availability. (3) Resource recovery feasibility studies should be conducted in regions of the State in which uses or markets for recovered materials or energy are identified. These studies should review various technological approaches, environmental considerations, institutional and financial constraints, and economic feasibility. (4) Source separation, recycling and resource conservation should be utilized whenever technically and economically feasible. (5) Mixed waste processing facilities for the recovery of energy and materials should be utilized whenever technically and economically feasible. (6) Source separation, resource conservation and mixed waste processing capacity should be combined to achieve the most effective resource conservation and economic balance." 40:40:27.0.1.4.37.5.17.1,40,Protection of Environment,I,I,256,PART 256—GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF STATE SOLID WASTE MANAGEMENT PLANS,E,Subpart E—Facility Planning and Implementation,,§ 256.40 Requirements.,EPA,,,,"In order to comply with section 4003(6), the State plan shall provide for adequate resource conservation, recovery, storage, treatment and disposal facilities and practices necessary to use or dispose of solid and hazardous waste in an environmentally sound manner." 40:40:27.0.1.4.37.5.17.2,40,Protection of Environment,I,I,256,PART 256—GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF STATE SOLID WASTE MANAGEMENT PLANS,E,Subpart E—Facility Planning and Implementation,,§ 256.41 Recommendations for assessing the need for facilities.,EPA,,,,"(a) In meeting the requirement for adequate resource conservation, recovery, storage, treatment and disposal facilities and practices, the State plan should provide for an assessment of the adequacy of existing facilities and practices and the need for new or expanded facilities and practices. (1) The needs assessment should be based on current and projected waste generation rates and on the capacities of presently operating and planned facilities. (2) Existing and planned resource conservation and recovery practices and their impact on facility needs should be assessed. (3) Current and projected movement of solid and hazardous waste across State and local boundaries should be assessed. (4) Special handling needs should be determined for all solid waste categories. (5) Impact on facility capacities due to predictable changes in waste quantities and characteristics should be estimated. (6) Environmental, economic, and other constraints on continued operation of facilities should be assessed. (7) Diversion of wastes due to closure of open dumps should be anticipated. (8) Facilities and practices planned or provided for by the private sector should be assessed. (b) The State plan should provide for the identification of areas which require new capacity development, based on the needs assessment." 40:40:27.0.1.4.37.5.17.3,40,Protection of Environment,I,I,256,PART 256—GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF STATE SOLID WASTE MANAGEMENT PLANS,E,Subpart E—Facility Planning and Implementation,,§ 256.42 Recommendations for assuring facility development.,EPA,,,,"(a) The State plan should address facility planning and acquisition for all areas which are determined to have insufficient recovery, storage, treatment and disposal capacity in the assessment of facility needs. (b) Where facilities and practices are found to be inadequate, the State plan should provide for the necessary facilities and practices to be developed by responsible State and substate agencies or by the private sector. (c) For all areas found to have five or fewer years of capacity remaining, the State plan should provide for: (1) The development of estimates of waste generation by type and characteristic, (2) The evaluation and selection of resource recovery, conservation or disposal methods, (3) Selection of sites for facilities, and (4) Development of schedules of implementation. (d) The State plan should encourage private sector initiatives in order to meet the identified facility needs. (e) In any area having fewer than 2 years of projected capacity, the State plan should provide for the State to take action such as acquiring facilities or causing facilities to be acquired. (f) The State plan should provide for the initiation and development of environmentally sound facilities as soon as practicable to replace all open dumps. (g) The State plan should provide for the State, in cooperation with substate agencies, to establish procedures for choosing which facilities will get priority for technical or financial assistance or other emphasis. Highest priority should be given to facilities developed to replace or upgrade open dumps. (h) The State plan should provide for substate cooperation and policies for free and unrestricted movement of solid and hazardous waste across State and local boundaries." 40:40:27.0.1.4.37.6.17.1,40,Protection of Environment,I,I,256,PART 256—GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF STATE SOLID WASTE MANAGEMENT PLANS,F,Subpart F—Coordination With Other Programs,,§ 256.50 Requirements.,EPA,,,,"Section 4003(1) requires the State solid waste management plan to idenifty means for coordinating regional planning and implementation under the State plan. Section 1006 requires the Administrator to integrate all provisions of this Act (including approval of State plans) with other Acts that grant regulatory authority to the Administrator in order to prevent duplication of administrative and enforcement efforts. In order to meet these requirements: (a) The State solid waste management plan shall be developed in coordination with Federal, State, and substate programs for air quality, water quality, water supply, waste water treatment, pesticides, ocean protection, toxic substances control, noise control, and radiation control. (b) The State plan shall provide for coordination with programs under section 208 of the Clean Water Act, as amended (33 U.S.C. 1288). In identifying agencies for solid waste management planning and implementation, the State shall review the solid waste management activities being conducted by water quality planning and management agencies designated under section 208 of the Clean Water Act. Where feasible, identification of such agencies should be considered during the identification of responsibilities under subpart B of this part. Where solid waste management and water quality agencies are separate entities, necessary coordination procedures shall be established. (c) The State plan shall provide for coordination with the National Pollutant Discharge Elimination System (NPDES) established under section 402 of the Clean Water Act, as amended (33 U.S.C. 1342). The issuance of State facility permits and actions taken to close or upgrade open dumps shall be timed, where practicable, to coordinate closely with the issuance of a new or revised NPDES permit for such facility. (d) The State plan shall provide for coordination with activities for municipal sewage sludge disposal and utilization conducted under the authority of section 405 of the Clean Water Act, as amended (33 U.S.C. 1345), and with the program for construction grants for publicly owned treatment works under section 201 of the Clean Water Act, as amended (33 U.S.C. 1281). (e) The State plan shall provide for coordination with State pretreatment activities under section 307 of the Clean Water Act, as amended (33 U.S.C. 1317). (f) The State plan shall provide for coordination with agencies conducting assessments of the impact of surface impoundments on underground sources of drinking water under the authority of section 1442(a)(8)(C) of the Safe Drinking Water Act (42 U.S.C. 300j-1). (g) The State plan shall provide for coordination with State underground injection control programs (40 CFR Parts 122, 123, 124, and 146) carried out under the authority of the Safe Drinking Water Act (42 U.S.C. 300f et seq. ) and with the designation of sole source aquifers under section 1424 of that Act. (h) The State plan shall provide for coordination with State implementation plans developed under the Clean Air Act (42 U.S.C. 7401 et seq. ; incineration and open burning limitations; and, State implementation plan requirements impacting resource recovery systems). (i) The State plan shall provide for coordination with the Army Corps of Engineers permit program (or authorized State program) under section 404 of the Clean Water Act, as amended (33 U.S.C. 1344) for dredge and fill activities in waters of the United States. (j) The State plan shall provide for coordination with the Office of Endangered Species, Department of the Interior, to ensure that solid waste management activities, especially the siting of disposal facilities, do not jeopardize the continued existence of an endangered or threated species nor result in the destruction or adverse modification of a critical habitat. (k) The State plan shall provide for coordination, where practicable, with programs under: (1) The Toxic Substances Control Act (15 U.S.C. 2601 et seq. ; disposal of chemical substances and mixtures). (2) The Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 1362 et seq.; disposal and storage of pesticides and pesticide containers). (3) The Marine Protection, Research and Sanctuaries Act (33 U.S.C. 1420 et seq. ; disposal in ocean waters). (l) The State plan shall provide for coordination, where practicable, with programs of other Federal agencies, including: (1) Department of the Interior. (i) Fish and Wildlife Service (wetlands), (ii) Bureau of Mines and Office of Surface Mining (mining waste disposal and use of sludge in reclamation), (iii) U.S. Geological Survey (wetlands, floodplains, ground water); (2) Department of Commerce, National Oceanic and Atmospheric Administration (coastal zone management plans); (3) Water Resources Council (floodplains, surface and ground waters); (4) Department of Agriculture, including Soil Conservation Service (land spreading solid waste on food chain croplands); (5) Federal Aviation Administration (locating disposal facilities on or near airport property); (6) Department of Housing and Urban Development (701 comprehensive planning program, flood plains mapping); (7) Department of Defense (development and implementation of State and substate plans with regard to resource recovery and solid waste disposal programs at various installations); (8) Department of Energy (State energy conservation plans under the Energy Policy and Conservation Act (42 U.S.C. 6321)); and (9) Other programs. (m) The State plan shall provide for coordination, where practicable, with solid waste management plans in neighboring States and with plans for Indian reservations in the State." 40:40:27.0.1.4.37.7.17.1,40,Protection of Environment,I,I,256,PART 256—GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF STATE SOLID WASTE MANAGEMENT PLANS,G,Subpart G—Public Participation,,§ 256.60 Requirements for public participation in State and substate plans.,EPA,,,"[44 FR 45079, July 31, 1979, as amended at 46 FR 47051, Sept. 23, 1981]","(a) State and substate planning agencies shall: (1) Maintain a current list of agencies, organizations, and individuals affected by or interested in the plan, which shall include any parties that request to be on the list, the owner or operator of each facility classified as an open dump and any other parties which the State determines to be affected by or interested in the plan; (2) Provide depositories of relevant information in one or more convenient locations; and (3) Prepare a responsiveness summary, in accord with 40 CFR 25.8, where required by this subpart or by an approved public participation work plan, which describes matters on which the public was consulted, summarizes the public's views, and sets forth the agency's response to the public input. (b) State and substate planning agencies shall provide information and consult with the public on plan development and implementation. Provision of information and consultation shall occur both early in the planning process (including the preparation and distribution of a summary of the proposed plan) and on major policy decisions made during the course of plan development, revision and implementation. To meet this requirement, planning agencies shall: (1) Publicize information in news media having broad audiences in the geographic area; (2) Place information in depositories maintained under paragraph (a)(2) of this section; (3) Send information directly to agencies, organizations and individuals on the list maintained under paragraph (a)(1) of this section; and (4) Prepare and make available to the public a responsiveness summary in accord with 40 CFR 25.8. (c) State and substate planning agencies shall conduct public hearings (and public meetings, where the agency determines there is sufficient interest) in accord with 40 CFR 25.5 and 25.6. The purpose of the hearings and meetings is to solicit reactions and recommendations from interested or affected parties and to explain major issues within the proposed plan. Following the public hearings, a responsiveness summary shall be prepared and made available to the public in accord with 40 CFR 25.8." 40:40:27.0.1.4.37.7.17.2,40,Protection of Environment,I,I,256,PART 256—GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF STATE SOLID WASTE MANAGEMENT PLANS,G,Subpart G—Public Participation,,§ 256.61 Requirements for public participation in the annual State work program.,EPA,,,,"(a) A public participation work plan in accord with 40 CFR 25.11 shall be included in the annual State work program. (b) The State shall consult with the public in the development of the annual work program. One month prior to submission of the draft work program to the Regional Administrator, as required by 40 CFR part 35, the draft work program shall be made available to the public at the State information depositories maintained under § 256.60(a)(2). The public shall be notified of the availability of the draft work program, and a public meeting shall be held if the planning agency determines there is sufficient interest. (c) The State shall comply with the requirements of Office of Management and Budget Circular No. A-95. (d) Copies of the final work program shall be placed in the State information depositories maintained under § 256.60(a)(2)." 40:40:27.0.1.4.37.7.17.3,40,Protection of Environment,I,I,256,PART 256—GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF STATE SOLID WASTE MANAGEMENT PLANS,G,Subpart G—Public Participation,,§ 256.62 Requirements for public participation in State regulatory development.,EPA,,,,"(a) The State shall conduct public hearings (and public meetings where the State determines there is sufficient interest) on State legislation and regulations, in accord with the State administrative procedures act, to solicit reactions and recommendations. Following the public hearings, a responsiveness summary shall be prepared and made available to the public in accord with 40 CFR 25.8. (b) In advance of the hearings and meetings required by paragraph (a) of this section, the State shall prepare a fact sheet on proposed regulations or legislation, mail the fact sheet to agencies, organizations and individuals on the list maintained under § 256.60(a)(1) and place the fact sheet in the State information depositories maintained under § 256.60(a)(2)." 40:40:27.0.1.4.37.7.17.4,40,Protection of Environment,I,I,256,PART 256—GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF STATE SOLID WASTE MANAGEMENT PLANS,G,Subpart G—Public Participation,,§ 256.63 Requirements for public participation in the permitting of facilities.,EPA,,,,"(a) Before approving a permit application (or renewal of a permit) for a resource recovery or solid waste disposal facility the State shall hold a public hearing to solicit public reaction and recommendations on the proposed permit application if the State determines there is a significant degree of public interest in the proposed permit. (b) This hearing shall be held in accord with 40 CFR 25.5." 40:40:27.0.1.4.37.7.17.5,40,Protection of Environment,I,I,256,PART 256—GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF STATE SOLID WASTE MANAGEMENT PLANS,G,Subpart G—Public Participation,,§ 256.64 Requirements for public participation in the open dump inventory.,EPA,,,"[46 FR 47052, Sept. 23, 1981]","(a) The State shall provide an opportunity for public participation prior to submission of any classification of a facility as an open dump to the Federal Government. The State shall accomplish this by providing notice as specified in § 256.64(b) or by using other State administrative procedures which provide equivalent public participation. (b) The State may satisfy the requirement of § 256.64(a) by providing written notice of the availability of the results of its classifications to all parties on the list required under § 256.60(a)(1) at least 30 days before initial submission of these classifications to the Federal Government. For those parties on the list required under § 256.60(a)(1) who are owners or operators of facilities classified as open dumps, such notice shall indicate that the facility has been so classified." 40:40:27.0.1.4.37.7.17.6,40,Protection of Environment,I,I,256,PART 256—GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF STATE SOLID WASTE MANAGEMENT PLANS,G,Subpart G—Public Participation,,§ 256.65 Recommendations for public participation.,EPA,,,"[44 FR 45079, July 31, 1979. Redesignated and amended at 46 FR 47052, Sept. 23, 1981]","(a) State and substate planning agencies should establish an advisory group, or utilize an existing group, to provide recommendations on major policy and program decisions. The advisory group's membership should reflect a balanced viewpoint in accord with 40 CFR 25.7(c). (b) State and substate planning agencies should develop public education programs designed to encourage informed public participation in the development and implementation of solid waste management plans." 49:49:4.1.1.1.42.0.137.1,49,Transportation,II,,256,PART 256—FINANCIAL ASSISTANCE FOR RAILROAD PASSENGER TERMINALS,,,,§ 256.1 Purpose.,FRA,,,"[40 FR 29080, July 10, 1975]",The purpose of this part is to establish procedures for implementing subsection 4(i) of the Department of Transportation Act as amended (49 U.S.C. 1653(i)) with respect to all financial assistance provided under that subsection. 49:49:4.1.1.1.42.0.137.2,49,Transportation,II,,256,PART 256—FINANCIAL ASSISTANCE FOR RAILROAD PASSENGER TERMINALS,,,,§ 256.3 Definitions.,FRA,,,"[40 FR 29080, July 10, 1975, as amended at 43 FR 21887, May 22, 1978; 44 FR 21647, Apr. 11, 1979]","As used in this part— (a) Act means the Department of Transportation Act, as amended. (b) Administrator means the Federal Railroad Administrator, or his delegate. (c) Allowable project costs means those project costs for which Federal financial assistance may be expended under § 256.7. (d) Applicant means a governmental entity, a non-profit public-purpose organization, or any responsible person having the legal, financial, and technical capacity to implement an intermodal passenger terminal project under this part. The applicant must have legal authority to receive and expend Federal funds. (e) Chairman means the Chairman of the National Endowment for the Arts. (f) Civic and cultural activities includes, but is not limited to, museums, libraries, musical and dramatic presentations, art exhibitions, adult education programs, public meetings of community groups, convention visitors and others, and other public activities supported in whole or in part under Federal law. (g) Council means the Advisory Council on Historic Preservation. (h) Demonstration funds means funds authorized for the purpose set forth in paragraph (1)(A) of subsection 4(i) of the Act. (i) Intermodal passenger terminal means an existing railroad passenger terminal which has been or may be modified as necessary to accommodate several modes of transportation, including intercity rail service and some or all of the following: Intercity bus, commuter rail, intra-city rail transit and bus transportation, airport limousine service and airline ticket offices, rent-a-car facilities, taxis, private parking, and other transportation services. (j) National Register means the National Register of Historic Places maintained by the Secretary of the Interior. (k) Planning funds means funds authorized for the purpose set forth in paragraph (1)(D) of subsection 4(i) of the Act. (l) Preservation funds means funds authorized for the purpose set forth in paragraph (1)(B) of subsection 4(i) of the Act. (m) Project means a locally sponsored, coordinated, and administered program, or any part thereof, to plan, finance, construct, maintain, or improve an intermodal passenger terminal, which may incorporate civic or cultural activities where feasible in an architecturally or historically distinctive railroad passenger terminal. (n) 4R Act means the Railroad Revitalization and Regulatory Reform Act of 1976, as amended, Public Law 94-210, 90 Stat. 125, 49 U.S.C. 1653. (o) Sufficient commitments means commitments of a binding nature adequate to ensure the successful operation of a project. Such commitments may be conditional, requiring, for example, the participation of other entities in the project, or action by a date certain." 49:49:4.1.1.1.42.0.137.3,49,Transportation,II,,256,PART 256—FINANCIAL ASSISTANCE FOR RAILROAD PASSENGER TERMINALS,,,,§ 256.5 Eligibility.,FRA,,,"[40 FR 29080, July 10, 1975, as amended at 43 FR 21887, May 22, 1978; 44 FR 21647, Apr. 11, 1979]","(a) General. A project is eligible for financial assistance under subsection 4(i) of the Act if: (1) The applicant provides satisfactory assurance that such fiscal control and fund accounting procedures will be adopted as may be necessary to assure proper disbursement of and accounting for Federal financial assistance granted to the applicant under the Act; (2) The applicant complies with the regulations of the Administrator prescribed in this part, and with such other terms and conditions as may be included in the grant of assistance; and (3) The Council is given a reasonable opportunity to review and comment upon the project as it affects property listed or eligible for listing on the National Register. (b) Demonstration funds. A project is eligible for financial assistance in accordance with subsection 4(i) of the Act if the Administrator determines that: (1) The railroad passenger terminal can be converted to an intermodal passenger terminal; (2) There exist sufficient commitments by Amtrak or other rail passenger carriers, and by intercity bus carriers, the local public transportation authority, or other public or private transportation operators, to provide co-ordinated service for convenient intermodal interchange to meet the goals enumerated in paragraph (b) of § 256.13; (3) The railroad passenger terminal is listed on the National Register; (4) The architectural integrity of the railroad passenger terminal will be preserved, and this determination is concurred in by the consultants recommended by the Chairman and Council and retained by the Administrator for this purpose; (5) To the extent practicable, the use of station facilities for transportation purposes may be combined with use for other civic and cultural activities, especially when such use is recommended by the Council or the Chairman, or the consultants retained by the Administrator upon their recommendation; (6) The applicant has provided the information and documentation required under § 256.11(c). (7) The railroad passenger terminal and the conversion project meet such other criteria as the Administrator may develop and promulgate in consultation with the Chairman and the Council. (c) Preservation funds. A project is eligible for financial assistance in accordance with subsection 4(i) of the Act if the Administrator determines that: (1) The applicant is empowered by applicable law, and is qualified, prepared, and committed, on an interim basis pending the formulation of plans for reuse, to maintain and prevent the demolition, dismantling, or further deterioration of, a railroad passenger terminal; (2) The railroad passenger terminal is threatened with demolition, dismantling, or further deterioration; (3) There is a reasonable likelihood that the railroad passenger terminal will be converted to or conditioned for reuse as an intermodal passenger terminal. The primary use of the terminal shall be for intermodal purposes, but facilities for the provision of civic and cultural activities may be incorporated to the extent feasible. Such dual use of the terminal is particularly encouraged when it is recommended by the Council or the Chairman. (4) Planning activity aimed at conversion or reuse has commenced and is proceeding in a competent manner; (5) The expenditure of funds on such project would be in the manner most likely to maximize the preservation of railroad passenger terminals which are: (i) Reasonably capable of conversion to intermodal passenger terminals; (ii) Listed in the National Register; or (iii) Recommended on the basis of architectural integrity and quality by the Chairman or the Council; and (6) The applicant has provided the information and documentation required by § 256.11(d). (d) Planning funds. A project is eligible for financial assistance in accordance with subsection 4(i)(5) of the Act if the Administrator determines that: (1) The applicant is prepared to develop practicable plans meeting the zoning, land use, and other requirements of the applicable State and local jurisdictions in which the rail passenger terminal is located; (2) The applicant incorporates into its plans for the conversion of an historic terminal into an intermodal passenger terminal, features which appear reasonably likely to attract private investors willing to finance the planned conversion and/or its subsequent maintenance and operation. The primary use of the terminal shall be for intermodal purposes, but facilities for the provision of civic or cultural activities may be incorporated to the extent feasible. (3) The applicant will be able to complete the designs and plans for such conversion within two years following the approval of the application for Federal financial assistance; (4) The expenditure of funds on such project would be in the manner most likely to maximize the preservation of railroad passenger terminals which are listed in the National Register or recommended on the basis of architectural integrity and quality by the Chairman or the Council; and (5) The applicant has provided the information and documentation required under § 256.11(e)." 49:49:4.1.1.1.42.0.137.4,49,Transportation,II,,256,PART 256—FINANCIAL ASSISTANCE FOR RAILROAD PASSENGER TERMINALS,,,,§ 256.7 Financial assistance.,FRA,,,"[40 FR 29080, July 10, 1975, as amended at 43 FR 21887, May 22, 1978; 44 FR 21647, Apr. 11, 1979]","(a) Demonstration funds. Federal financial assistance for the conversion of a railroad passenger terminal into an intermodal passenger terminal, under subsection 4(i)(2) of the Act, may be expended for the following project costs incurred after the date of final project approval: (1) Acquisition or long-term lease of real property or other property interests, including air rights, subterranean rights, or easements, where necessary for project implementation; (2) Final architectural and engineering construction documentation, including all necessary plans, specifications, detailed cost estimates, and implementation schedules; and (3) Construction, which may include, but is not limited to: (i) Complete rehabilitation and refurbishment of the interior and exterior of the structure; (ii) Provision of necessary public service facilities; (iii) Structural modifications and minor additions necessary to permit the development of (A) improved rail passenger facilities, (B) intercity bus terminal and docking facilities, (C) adequate facilities for local mass transit, and (D) parking and access for automobiles and bicycles; and (iv) Provisions for accommodating major tenants and concessionaires such as airline ticket offices, rent-a-car offices, and other transportation service facilities. (b) Preservation funds. Federal financial assistance under subsection 4(i)(3) of the Act, for the preservation of a railroad passenger terminal which has a reasonable likelihood of being converted or otherwise maintained, may be expended for costs incurred after the date of project approval which are necessary to maintain (and prevent the demolition, dismantling, or further deterioration of) a railroad passenger terminal pending the completion of project planning, for a period not to exceed five years. (c) Planning funds. Federal financial assistance granted under subsection 4(i)(5) of the Act for the development of plans for the conversion of a railroad passenger terminal into an intermodal passenger terminal, which may incorporate civic and cultural activities where feasible, may be expended for the following project costs if incurred within two years after project approval: (1) Cost of a study or studies to: (i) Assess the need for and the feasibility of converting an existing railroad passenger terminal into an intermodal passenger terminal which may incorporate civic and cultural activities where feasible; (ii) Develop a fiscal plan and agreements for the plan's implementation; and (iii)(A) Relate the project to other transportation priorities in the area; and (B) Evaluate alternate means of providing needed intermodal passenger services within the community. (2) Costs of preparation of preliminary architectural and engineering design documents for the project, including: (i) Plans, sections, and sketches illustrating the functional as well as preservation aspects of the recommended development; (ii) Assessment of the condition of existing structural and utilities systems and requirements for their improvement; (iii) Outline specifications and preliminary estimates of project costs; and (iv) Required environmental impact reviews and analyses. (d) Federal share. The Federal share of any project under this part shall not exceed 80 percent of the total allowable project costs. The non-Federal share may not be augmented by any Federal funds, directly or indirectly, unless the funds are provided through a Federal program which specifically authorizes the augmentation of a non-Federal share of a federally-assisted program with such funds." 49:49:4.1.1.1.42.0.137.5,49,Transportation,II,,256,PART 256—FINANCIAL ASSISTANCE FOR RAILROAD PASSENGER TERMINALS,,,,§ 256.9 [Reserved],FRA,,,, 49:49:4.1.1.1.42.0.137.6,49,Transportation,II,,256,PART 256—FINANCIAL ASSISTANCE FOR RAILROAD PASSENGER TERMINALS,,,,§ 256.11 Applications.,FRA,,,"[43 FR 21887, May 22, 1978, as amended at 74 FR 25176, May 27, 2009]","(a) Incorporation by reference in application of previously submitted information or material. Any information or material of any kind which has been submitted by an applicant need not be resubmitted if the prior submission is identified and incorporated by reference in the application. Where the prior submission is in need of any changes of any kind, the changes may be submitted provided the prior submission is identified and incorporated by reference with the changes. Any assurance, certification, or affirmation previously made by the applicant, in connection with a prior submission, must be reaffirmed by the applicant when any identification and incorporation by reference of previously submitted materials is made. (b) Pre-applications for demonstration funds. In accordance with appendix M of Office of Management and Budget Circular A-102, applicants shall use the pre-application form directed for use for construction, land acquisition, and land development projects when applying for demonstration funds under this program. Applicants shall include under Part IV (Program Narrative) of the pre-application form: (1) A statement of whether the railroad passenger terminal is listed in the National Register; (2) A statement as to the interest and anticipated cooperation of the terminal owner and the relevant transportation companies; (3) Where the applicant contemplates using funds it has received or will receive from other Federal programs for the planning or preservation stage of the projects, a brief description of the sources, and total anticipated amount of such funds; and (4) A breakdown of the total allowable project costs. (c) Applications for demonstration funds. Upon notification of the approval of the pre-application, applicants shall submit a final application for demonstration funds using the Federal Assistance Application for Construction Programs in accordance with appendix M of Office of Management and Budget Circular A-102. Applicants shall include under Part IV (Program Narrative) of the form: (1) A list of all organizations which will participate in the planning, implementation, or operation of each project, along with a discussion of the role of each organization; (2) A full discussion of the desirability and feasibility of the project and a summary of the benefits to be derived; (3) A summary of each proposed use of the intermodal passenger terminal for a civic or cultural activity; (4) A description and documentation of existing or potential markets for interline intermodal service making use of the project facility, and of any changes in existing services which must be provided to achieve this potential; (5) The proposed period during which the project will be evaluated to determine whether it has achieved the goals set forth in § 256.13(b); (6) A detailed description of the rail passenger terminal (including where applicable the description on file with the National Register), the available transportation facilities, and the proposed intermodal passenger transportation improvements; (7) Evidence that the architectural integrity of the railroad passenger terminal will be preserved; (8) A detailed estimate of the total allowable project costs, listing and identifying each cost to the maximum possible extent; (9) Evidence of the applicant's ability and intent to furnish its share of the total allowable costs; (10) Evidence that the applicant has established, in accordance with Attachment G of Office of Management and Budget Circular A-102, adequate procedures for financial control, accounting, and performance evaluation, in order to assure proper use of the Federal funds; (11) An assurance by the applicant that it will use Federal funds provided under the Act solely for the purpose for which assistance is sought and in conformance with the limitations on the expenditures allowed under the Act and applicable regulations; (12) A description of the proposed methods of monitoring and evaluating the demonstration; (13) Copies of the following: Preliminary architectural and engineering design documents, plans, sections, sketches, and outline specifications; (14) A proposed draft of an environmental impact statement, including documentation that the project includes all possible planning to minimize harm to the historic nature of the facility as required by section 4(f) of the Act (49 U.S.C. 1653(f)), to be reviewed, analyzed and used by the Administrator in preparation of a final Environmental Impact Statement under Department of Transportation Order 5610.IB (39 FR 35234, September 30, 1974); (15) Two copies of an affirmative action program prepared in accordance with section 905 of the 4R Act (45 U.S.C. 803) and 49 CFR part 265; (16) Assurances that the applicant will comply with the following Federal laws, policies, regulations and pertinent directives: (i) Title VI of the Civil Rights Act of 1964 42 U.S.C. 2000d et seq., and 49 CFR part 21; (ii) Section 905 of the 4R Act (45 U.S.C. 803), and 49 CFR part 265; (iii) Executive Order 11246, as amended (30 FR 12319, 32 FR 14303) and 41 CFR 60-4, as amended (43 FR 14888, Apr. 7, 1978) which require equal employment opportunity in federally-assisted construction programs. (iv) Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601 et seq., and 49 CFR part 25; (v) 42 U.S.C. 4151 et seq., with regard to Federal policies ensuring that physically handicapped persons will have ready access to, and use of, public buildings; (vi) The Rehabilitation Act of 1973, 29 U.S.C. 794, with regard to nondiscrimination under Federal grants; (vii) The Hatch Act, 5 U.S.C. 1501 et seq., which limits the political activities of employees; and (viii) Where applicable, the State and Local Fiscal Assistance Act of 1972, 31 U.S.C. 1221 et seq., and 31 CFR part 51. (17) Evidence of all legal commitments including, but not limited to, operating agreements and right-of-way leases which have been obtained from private carriers, public transportation operating agencies, and other entities as appropriate, to assure continued operation of the transportation services during the evaluation period; (18) Evidence (including, but not limited to, copies of leases, deeds, easements, certificates of title, and mortgage agreements) that the applicant's property interest in the railroad passenger terminal is or will be, at the commencement of the project, sufficient for the applicant to implement the project; (19) A summary of each proposed agreement permitting the use of any portion of the imtermodal passenger terminal for commercial purposes other than the provision of transportation services (if a standard form contract is to be used, applicant may submit a copy of the standard contract, a list of parties with whom it has contracted, and a list of any terms not common to the standard contract); (20) An opinion of the applicant's legal counsel advising that— (i) Counsel is familiar with— (A) The applicant's corporate or other organization powers; (B) Section 4(i) of the Act, as amended (49 U.S.C. 1653(i)); (C) The other Acts referred to in these regulations; and (D) Any regulations issued to implement those Acts; (ii) The applicant is authorized to make the application including all certifications, assurances, and affirmations required; (iii) The applicant has the requisite authority to carry out the actions proposed in the application and to fulfill the obligations created thereby, including the obligation to pay a share of the costs of the proposed project; (iv) The applicant has the authority to enter into all of the legal commitments referred to in paragraph (c)(16) of this section and that these commitments are legal and binding by their terms; and (v) The applicant's property interest in the railroad passenger terminal is sufficient for the applicant to implement the project; (21) For projects located in urbanized areas, as defined by the Bureau of the Census, a statement that the application has been coordinated with the metropolitan planning organization, designated by the Governor of the State in which the project is located pursuant to 23 U.S.C. 104(f)(3); (22) A certification by the applicant that, in accordance with Office of Management and Budget Circular A-95 (41 FR 2052, Jan. 13, 1976), section 204 of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3334), and section 401 of the Intergovernmental Cooperation Act of 1968 (42 U.S.C. 4231), notification of the project has been submitted to, and comments thereon have been solicited from, the appropriate State and regional agencies and clearinghouses; and (23) Any other information that the Administrator may require. (d) Applications for preservation funds. Each application for preservation assistance shall include: (1) The complete name and principal business address of the applicant; (2) The complete name, title, and address of the person to whom correspondence regarding the application should be addressed; (3) A list of all organizations which will participate in the planning, implementation, or operation of each project, and a discussion of each organization's role; (4) A full discussion of the desirability and feasibility of the project and a summary of the benefits to be derived; (5) A detailed description of the rail passenger terminal (including where applicable the description on file with the National Register), the available transportation facilities, and the proposed intermodal passenger transportation improvements; (6) Documentation of the threat to the existing terminal, involving demolition, dismantling, or further deterioration of the terminal and the causes thereof; (7) Evidence that the planning for conversion or reuse of the terminal has commenced and that it is proceeding in a timely manner, including a copy of the projected planning schedule; (8) A proposed draft of an environmental impact statement or a negative declaration, including documentation that the project includes all possible planning to minimize harm to the historic nature of the facility as required by section 4(f) of the Act, 49 U.S.C. 1653(f), to be reviewed, analyzed, and used by the Administrator in preparation of a final Environmental Impact Statement or Negative Declaration as required by Department of Transportation Order 5610.1B (39 FR 35234, Sept. 30, 1974); (9) A detailed estimate of the total allowable project costs, listing and identifying all anticipated preservation costs to the maximum extent possible; (10) The total amount of Federal assistance requested; (11) Evidence of the applicant's ability and intent to furnish its share of the total allowable project costs; (12) Where the applicant contemplates using funds which it has received or will receive from other Federal programs for the planning or demonstration stage of the project, a brief description of the sources, use and total anticipated amount of such funds; (13) Evidence that the applicant has established in accordance with Attachment G of Office of Management and Budget Circular A-102, adequate procedures for financial control, accounting, and performance evaluation in order to assure proper use of the Federal funds; (14) An assurance by the applicant that it will use Federal funds provided under the Act solely for the purpose for which assistance is sought and in conformance with the limitations on the expenditures allowed under the Act and applicable regulations; (15) Evidence of substantial local public and/or private interest in organizing a project to convert the existing railroad passenger terminal to an intermodal passenger terminal, which may include use for civic or cultural activities; (16) An opinion of the applicant's legal counsel stating that: (i) Counsel is familiar with (A) the applicant's corporate or other organizational powers; (B) section 4(i) of the Act, as amended (49 U.S.C. 1653(i)), (C) the other Acts referred to in these regulations; (D) and any regulation issued to implement those Acts; (ii) The applicant is authorized to make this application including all certifications, assurances, and affirmations required; (iii) The applicant has the requisite authority to carry out the actions proposed in its application and to fulfill the obligations created thereby, including the obligation to pay a share of the cost of the proposed project, and (iv) The applicant is empowered, for an interim period pending the formulation of plans for the conversion of the existing railroad passenger terminal, to maintain the terminal building and prevent its demolition, dismantling, or further deterioration; (17) For projects located in urbanized areas, as defined by the Bureau of the Census, a statement that the application has been coordinated with the metropolitan planning organization, designated by the Governor of the State in which the project is located, pursuant to 23 U.S.C. 104(f)(3); (18) A certification by the applicant that, in accordance with Office of Management and Budget Circular A-95 (41 FR 2052, Jan. 13, 1976), section 204 of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3334), and section 401 of the Intergovernmental Cooperation Act of 1968 (42 U.S.C. 4231), notification of the project has been submitted to, and comments thereon have been solicited from, the appropriate State and regional agencies and clearinghouses; (19) Two copies of an affirmative action program prepared in accordance with section 905 of the 4R Act (45 U.S.C. 803) and 49 CFR part 265; (20) Assurances that the applicant will comply with the following Federal laws, policies, regulations and pertinent directives: (i) Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq., and 49 CFR part 21; (ii) Section 905 of the 4R Act (45 U.S.C. 803) and 49 CFR part 265; (iii) Executive Order 11246, as amended (30 FR 12319, 32 FR 14303) and 41 CFR 60-4, as amended (43 FR 14888, Apr. 7, 1978), which requires equal employment opportunity in federally-assisted construction programs. (iv) Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601 et seq., and 49 CFR part 25; (v) 42 U.S.C. 4151 et seq., with regard to Federal policies ensuring that physically handicapped persons will have ready access to, and use of, public buildings; (vi) The Rehabilitation Act of 1973, 29 U.S.C. 794, with regard to nondiscrimination under Federal grants; (vii) The Hatch Act, 5 U.S.C. 1501 et seq., which limits the political activities of employees; and (viii) Where applicable, the State and Local Fiscal Assistance Act of 1972, 31 U.S.C. 1221 et seq., and 31 CFR part 51; and (21) Any other information that the Administrator may require. (e) Applications for planning funds. Each application for planning assistance shall include: (1) The complete name and principal business address of the applicant; (2) The name, title, and address of the person to whom correspondence regarding the application should be addressed; (3) A list of all organizations which will participate in the planning, implementation, or operation of each project, and a discussion of each organization's role; (4) A preliminary statement of work, and a detailed estimate of all planning costs broken down by project task; (5) A proposed schedule for the planning process; (6) A full discussion of the desirability and feasibility of the project and a summary of the benefits to be derived; (7) A detailed description of the rail passenger terminal (including, where applicable, the description on file with the National Register), the available transportation facilities, and the proposed intermodal passenger transportation improvements; (8) The total amount of Federal assistance requested; (9) Evidence of the applicant's ability and intent to furnish its share of the total allowable project costs; (10) Where the applicant contemplates using funds which it has received or will receive from other Federal programs for the preservation or demonstration stages of the project, a brief description of the sources, use, and anticipated amount of such funds; (11) Evidence that the applicant has established, in accordance with Attachment G of Office of Management and Budget Circular A-102, adequate procedures for financial control, accounting, and performance evaluation, in order to assure proper use of the Federal funds; (12) An assurance by the applicant that it will use Federal funds provided under the Act solely for the purpose for which assistance is sought and in conformance with the limitations on the expenditures allowed under the Act and applicable regulations; (13) An opinion of the applicant's legal counsel stating that: (i) Counsel is familiar with (A) the applicant's corporate or other organization powers; (B) section 4(i) of the Act, as amended, 49 U.S.C. 1653(i); (C) the other Acts referred to in these regulations; and (D) any regulations issued to implement those Acts; (ii) The applicant is authorized to make this application including all certifications, assurances, and affirmations required; and (iii) The applicant has the requisite authority to carry out the actions proposed in its applications and to fulfill the obligations created thereby, including the obligation to pay a share of the costs of the proposed project; (14) A proposed schedule for the implementation of the applicant's completed designs and plans; (15) For projects located in urbanized areas, as defined by the Bureau of the Census, a statement that the application has been coordinated with the metropolitan planning organization, designated by the Governor of the State in which the project is located, pursuant to 23 U.S.C. 104(f)(3); (16) A certification by the applicant that, in accordance with Office of Management and Budget Circular A-95 (41 FR 2052, Jan. 13, 1976), section 204 of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3334), and section 401 of the Intergovernmental Cooperation Act of 1968 (42 U.S.C. 4231), notification of the project has been submitted to, and comments thereon have been solicited from, the appropriate State and regional agencies and clearinghouses; (17) Two copies of an affirmative action program prepared in accordance with section 905 of the 4R Act (45 U.S.C. 803) and 49 CFR part 265; (18) Assurances that the applicant will comply with the following Federal laws, policies, regulations, and pertinent directives: (i) Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq. and 49 CFR part 21; (ii) Section 905 of the 4R Act (45 U.S.C. 803) and 49 CFR part 265; (iii) Title II and title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601 et seq. and 49 CFR part 25; (iv) 42 U.S.C. 4151 et seq., with regard to Federal policies ensuring that physically handicapped persons will have ready access to, and use of, public buildings; (v) The Rehabilitation Act of 1973, 29 U.S.C. 794, with regard to nondiscrimination under Federal grants; (vi) The Hatch Act, 5 U.S.C. 1501, et seq., which limits the political activities of employees; and (vii) Where applicable, the State and Local Fiscal Assistance Act of 1972, 31 U.S.C. 1221 et seq., and 31 CFR part 51; (19) A statement that the applicant is prepared to develop practicable plans meeting the zoning, land use, and other requirements of the applicable State and local jurisdictions in which the rail passenger terminal is located. (20) An assurance by the applicant that the designs and plans for the conversion to an intermodal passenger terminal, including any use for civic or cultural activities, will be completed within two years following the approval of the application for Federal financial assistance; (21) A description of how the applicant can incorporate features which appear reasonably likely to attract private investors willing to share in the implementation of the planned conversion and its subsequent maintenance and operation; (22) An environmental assessment using an interdisciplinary approach in identifying the type, degree, effect, and probability of occurrence of potential environmental impacts due to the conversion to an intermodal passenger terminal; and (23) Any other information that the Administrator may require. (f) Execution and filing of applications. (1) The original application shall bear the date of execution and be signed by the Chief Executive Officer of the applicant or by the applicant, where the applicant is an individual. Each person required to execute an application shall execute a certificate in the form of appendix A hereto. (2) The original application shall be filed with the Federal Railroad Administrator, Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590. (3) Pre-applications for demonstration funds must be submitted to the Administrator no later than August 21, 1978. Applications for planning, preservation and demonstration funds must be submitted to the Administrator no later than September 19, 1978. Applications received after these deadlines will not be considered for funding, unless all funds are not granted to applicants who have met the application deadline." 49:49:4.1.1.1.42.0.137.7,49,Transportation,II,,256,PART 256—FINANCIAL ASSISTANCE FOR RAILROAD PASSENGER TERMINALS,,,,§ 256.13 Review and approval of applications.,FRA,,,"[40 FR 29080, July 10, 1975, as amended at 43 FR 21890, May 22, 1978; 44 FR 21647, Apr. 11, 1979]","(a) Pre-applications. Pre-applications for demonstration funds shall be reviewed by the Administrator in consultation with the Chairman and the Council. (b) Applications. The Administrator shall review applications in consultation with the Chairman and the Council and select and monitor projects most likely to accomplish the following goals: (1) Demonstrate the capabilities of intermodal terminals to provide a more effective means of passenger interchange between various modes of transportation; (2) Demonstrate the advantages of joint use terminal facilities to carriers; (3) Demonstrate a more comprehensive and effective network of energy efficient surface common carrier transportation services through improving coordinated interline intermodal exchange at selected intermodal passenger terminals distinguished by coordinated information systems, schedules, and through ticketing and baggage handling; (4) Evaluate user response to such coordinated interline intermodal transportation services, and to joint carrier use of terminal facilities; (5) Demonstrate the potential of underutilized railroad passenger terminals of historical and architectural distinction for improving intermodal passenger transportation services and for providing an appropriate focal point for civic and cultural activities; (6) Stimulate local public and private investment, by transportation carriers and others, in improved intercity and local public transportation facilities and services; (7) Encourage the preservation of railroad passenger terminals pending the formulation of plans for reuse; and (8) Encourage the development of plans for the conversion of railroad passenger terminals into intermodal passenger terminals, which may incorporate civic and cultural activities where feasible. (c) Preferential consideration. In reviewing applications for planning funds, the Administrator shall give preferential consideration to applicants whose completed designs and plans will be implemented and effectuated within three years after the date of completion. (d) Approval within 90 days. The Administrator will approve or deny each application within 90 days of the submission dates set forth in § 256.11(f)(3) and the Administrator will promptly notify in writing each applicant whose application has been approved." 49:49:4.1.1.1.42.0.137.8,49,Transportation,II,,256,PART 256—FINANCIAL ASSISTANCE FOR RAILROAD PASSENGER TERMINALS,,,,§ 256.15 Disbursement of financial assistance.,FRA,,,"[40 FR 29080, July 10, 1975, as amended at 43 FR 21890, May 22, 1978]","(a) Grant agreement. After receipt, review, and approval of an application, the Administrator will enter into a grant agreement with an applicant for the Federal share of the total allowable project costs. The terms and conditions of payment of the Federal share shall be set forth in the grant agreement. (b) Record retention. Each recipient of financial assistance under this part shall keep such records as the Administrator shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance was given or used, the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. (c) Audit and examination. Until the expiration of three years after the completion of the project or undertaking referred to in paragraph (b) of this section, the Administrator and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of such receipts which, in the opinion of the Administrator or the Comptroller General, may be related or pertinent to such financial assistance."