[Federal Register Volume 63, Number 126 (Wednesday, July 1, 1998)]
[Notices]
[Pages 35933-35937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17459]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Agency for Toxic Substances and Disease Registry
[Program Announcement 98095]


Enhancement of Local Public Health Departments Participation in 
Brownfields Decisions and Actions; Notice of Availability of Funds

Introduction

    The Agency for Toxic Substances and Disease Registry (ATSDR) 
announces the availability of fiscal year (FY) 1998 funds for a 
cooperative agreement program for a pilot activity with a select number 
of local health departments to demonstrate effective public health

[[Page 35934]]

interventions around Brownfields properties.
    ATSDR is committed to achieving the health promotion and disease 
prevention objectives of Healthy People 2000, a national activity to 
reduce morbidity and mortality and improve the quality of life. This 
announcement is related to the priority area of Environmental Health. 
(For ordering a copy of Healthy People 2000, see the section Where to 
Obtain Additional Information.)
    ATSDR is also fully committed to implementing the President's 
Executive Order 12898 on Environmental Justice to ensure the full 
representation and participation on all levels, of minority and low-
income population groups.

Authority

    This program is authorized under Sections 104 (i) (4), (6), (7), 
(14), and (15) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (CERCLA), as amended by the 
Superfund Amendments and Reauthorization Act of 1986 (SARA) [42 U.S.C. 
9604 (i)(4), (6), (7), (14), and (15)].

Smoke-Free Workplace

    ATSDR strongly encourages all grant and cooperative agreement 
recipients to provide a smoke-free workplace and promote the non-use of 
all tobacco products, and Public Law 103-227, the Pro Children Act of 
1994, prohibits smoking in certain facilities that receive Federal 
funds in which education, library, day care, health care, and early 
childhood development services are provided to children.

Eligible Applicants

    Applicants will be limited to the official county, city and other 
local public health agencies of local communities (with the exception 
of Rhode Island where the State Health Department is the eligible 
applicant) located in the sixteen (16) Brownfields Showcase Communities 
as designated by the Environmental Protection Agency (EPA)(62 FR 
44274). The Brownfields Showcase Communities are:
    1. Portland, Oregon
    2. Chicago, Illinois
    3. Southeast Florida (Eastward Ho!)
    4. Trenton, New Jersey
    5. Kansas City, Kansas & Missouri
    6. Dallas, Texas
    7. Baltimore, Maryland
    8. Lowell, Massachusetts
    9. Salt Lake City, Utah
    10. Seattle/King County, Washington
    11. St. Paul, Minnesota
    12. Los Angeles, California
    13. State of Rhode Island
    14. East Palo Alto, California
    15. Stamford, Connecticut
    16. Glen Cove, New York
    Only one application will be accepted from each of the 16 
Brownfields Showcase Communities. Each Brownfields Showcase community 
should coordinate between appropriate county, city and other local 
public health departments to ensure only one application is received 
from each showcase community. If more than one application is received 
from the same showcase community, all applications from that showcase 
community will be returned as unresponsive. See also Executive Order 
12372 referenced later in this announcement.

Availability of Funds

    Approximately $350,000 is available in FY 1998 to fund an estimated 
five to seven awards. The average award is expected to be approximately 
$60,000, ranging from $50,000 to $70,000. It is expected that the 
awards will begin on or about September 30, 1998, and will be made for 
a 12-month budget and project period. There is currently no expectation 
that projects will be continued for more than one year. Funding 
estimates may vary and are subject to change.

Use of Funds

    Funds may be expended for reasonable program purposes, such as 
personnel, travel, supplies, and services. Funds for contractual 
services may be requested; however, the grantee, as the direct and 
primary recipient of ATSDR grant funds, must perform a substantive role 
in carrying out project activities and not merely serve as a conduit 
for an award to another party or provide funds to an ineligible party. 
Equipment may be purchased with grant funds. The equipment proposed 
should be appropriate and reasonable for the activities to be 
conducted. The applicant, as part of the application process, should 
provide: (1) a justification for the need to acquire the equipment, (2) 
the description of the equipment, (3) the intended use of the 
equipment, and (4) the advantages/disadvantages of leasing versus 
purchase of the equipment.

Background

    Brownfields are abandoned, idled or under-utilized industrial and 
commercial properties where expansion or redevelopment is complicated 
by real or perceived contamination. The Brownfields Initiative was 
launched by the Environmental Protection Agency (EPA) to empower 
States, local governments, and other stakeholders in community 
redevelopment to work together to assess, clean up, and sustainably 
reuse Brownfields. In May 1997, Vice President Gore announced a 
Brownfields National Partnership to bring together the resources of 17 
Federal agencies to address local cleanup and reuse issues in a more 
coordinated manner. ATSDR is among the agencies participating in the 
partnership. This multi-agency partnership has pledged support to 
sixteen ``Brownfields Showcase Communities''--models demonstrating the 
benefits of collaborative activity on Brownfields. The designated 
Brownfields Showcase Communities are distributed across the country and 
vary by size, resources, and community type. It is expected that 
because of their location, Brownfields property redevelopment will 
disproportionately impact low-income minority communities; therefore, 
the President's Executive Order 12898 on Environmental Justice should 
be fully implemented.
    While the full magnitude of the Brownfields problem is not known, 
it has been estimated that there are as many as 600,000 Brownfields 
properties in the United States and its territories, affecting 
virtually every community in the Nation. Whereas environmental clean up 
is a building block to economic redevelopment, public health should be 
the cornerstone. Public health concerns must go hand-in-hand with 
restoration of contaminated properties and bringing life and economic 
vitality back to a community.
    ATSDR's role in the National Brownfields Initiative is to develop 
strategies and methods to protect the health and quality of life of 
people living around brownfields properties by focusing on public 
health issues related to previous environmental degradation.

Purpose

    The purpose of this project is to assist the local public health 
departments (LHDs) with jurisdiction in the 16 Brownfields Showcase 
Communities to develop and implement strategies to ensure that efforts 
to remediate and redevelop properties do not present environmental 
public health hazards to current and future community residents. It is 
expected that this program will stimulate LHDs to enlist the 
cooperation of local governing officials, community-based 
organizations, and State governments to work together in a timely 
manner to ensure that public health issues are considered in the 
earliest phases of remediation and

[[Page 35935]]

redevelopment of the Brownfields properties.
    ATSDR and local stakeholders have identified the need to develop 
public health science, build environmental health capacity in State and 
local health departments, assure principles of environmental justice, 
and implement communication and empowerment strategies to enhance 
community support for and participation in the Brownfields 
Redevelopment Initiative. A goal for ATSDR is to assist in empowering 
local community stakeholders by providing them with the tools to 
monitor the health of Brownfields workers and community residents 
during assessment, clean up, and redevelopment of Brownfields. It is 
expected that by using this comprehensive public health approach to 
Brownfields redevelopment, the health and quality of life of persons 
working or living on or near Brownfields properties will be adequately 
protected. The incorporation of the President's Executive Order 12898 
on Environmental Justice is essential for successful Brownfields 
redevelopment. Therefore, recipients will be expected to fully 
implement the Executive Order. In addition, it is expected that this 
strategy will encourage open lines of communication among local 
stakeholders, particularly local officials and residents living on or 
near Brownfields properties and promote the development of working 
partnerships with these groups. This program highlights the 16 
Brownfields Showcase Communities as examples of how public health 
activities can be implemented. The examples will serve as models which 
can be generalized to other communities throughout the Nation.

Program Requirements

    ATSDR will assist or work jointly with the recipients in conducting 
the activities of this cooperative agreement program. The application 
should be presented in a manner that demonstrates the applicant's 
ability to address the health issues in a collaborative manner with 
local community stakeholders and with ATSDR in adherence with the 
Executive Order on Environmental Justice to ensure the full 
participation of minority and low-income population groups. Recipient 
and ATSDR activities are listed below:

A. Recipient Activities

    The recipient will have primary responsibility for:
    1. Obtaining an inventory of Brownfields properties in the local 
community and analyzing existing contaminant data.
    2. In collaboration with ATSDR, State health departments, and EPA, 
using environmental data, community health concerns, medical and other 
public health data, and other relevant information to evaluate 
Brownfields properties for property-specific environmental public 
health issues.
    3. Assuring relevant health data, including perceived or real 
affected community concerns is collected and used in decision-making.
    4. Developing Brownfields Showcase Public Health teams composed of 
representatives from the LHD and local stakeholders, e.g., particularly 
those from affected Brownfields communities to include minorities and 
low-income population groups in accordance with Executive Order 12898. 
Co-host with local stakeholders on community workshops on the types of 
health considerations necessary for land use planning. Work with the 
local Brownfields Public Health Teams to provide information on 
sensitive populations to be input into the local development agency's 
Geographical Information System.
    5. Assuring public health concerns are integrated into the 
Brownfields Showcase decision-making related to assessment, clean up, 
and redevelopment.

B. ATSDR Activities

    ATSDR will have primary responsibilities for:
    1. Collaborating with and assisting the recipient in the collection 
of environmental data, medical and other public health data and other 
relevant information to evaluate Brownfields properties for property-
specific public health issues.
    2. Convening a Public Health Empowerment Workshop for recipients to 
discuss mechanisms for community-based organizations and local health 
departments to implement public health strategies in their communities.
    3. Evaluating recommendations prepared by the recipient and 
providing timely advice and assistance to further the objectives of 
this program.
    4. Providing the recipient with an exposure assessment algorithm 
(EAA) for addressing the public health impacts on Brownfields 
properties. The EAA is an environmental differential diagnosis that 
local public health professionals may use to help focus in on the 
possible risks from Brownfields properties.
    5. Ensuring compliance with the requirements for peer and technical 
reviews as identified below under ``Technical Reporting Requirements''.

Technical Reporting Requirements

    A final financial status and performance report is required 90 days 
after the end of the 12-month budget and project period. All reports 
are to be submitted to Ron Van Duyne, Grants Management Officer, Grants 
Management Branch, Procurement and Grants Office, Centers for Disease 
Control and Prevention (CDC), 255 East Paces Ferry Road, NE., Mailstop 
E-13, Atlanta, GA 30305-2209. The final performance report must include 
the following for the program, function, or activity involved: (1) a 
comparison of actual accomplishments to the goals established for the 
period; (2) the reasons for slippage if established goals are not met; 
and (3) other pertinent information.

Peer and Technical Reviews

    A. CERCLA, as amended by SARA, Section 104(i)(13), and [42 U.S.C. 
9604(i)] requires all studies and results of research (other than 
public health assessments) that ATSDR carries out or funds in whole or 
in part will be peer reviewed by ATSDR. The ATSDR peer review process 
for final reports requires that:
    1. Studies must be reported or adopted only after appropriate peer 
review.
    2. Studies shall be peer reviewed within a period of 60 days to the 
maximum extent practical.
    3. Studies shall be reviewed by no fewer than three or more than 
seven reviewers who (1) are selected by the Administrator, ATSDR; (2) 
are disinterested Scientific experts; (3) have a reputation for 
scientific objectivity; and (4) who lack institutional ties with any 
person involved in the conduct of the study or research under review.
    B. ATSDR encourages the rapid reporting and interpretation of 
laboratory results and references back to individual participants. 
However, if summary tables or distribution of laboratory results are 
prepared using the study data, this is considered a preliminary finding 
and will require ATSDR technical and peer review prior to release.
    C. When, in the opinion of the investigator(s), a public health 
concern exists requiring the release of summary study statistics prior 
to the completion of the study, the investigator must obtain 
concurrence from ATSDR prior to releasing the summary statistics. A 
request for ATSDR concurrence for the release of information must be 
documented in a letter to ATSDR and should outline the public health 
concern, and recommended response,

[[Page 35936]]

and the draft document proposed for release by the investigator. ATSDR 
will provide a technical review and peer review within ten (10) working 
days to the maximum extent possible. Summary statistics may be released 
only after peer review. The release of summary statistics does not 
preclude the requirement for a final report.
    D. By statute, the reporting of preliminary studies and preliminary 
research results to the public is not acceptable without prior review 
by ATSDR. This includes manuscripts prepared for publication, 
presentations at scientific meetings, and reporting of preliminary 
findings to the community or the media.
    E. The final report for every study should include a detailed 
description of the problem, hypothesis, methods, results, conclusions, 
and recommendations that constitute a complete performance record of 
the study.
    F. ATSDR is responsible for the technical and peer review of draft 
final reports of any study that it funds prior to the submission of the 
final report. This will allow for the recipient to incorporate all 
technical and peer review comments into the final report. Responses to 
all ATSDR required technical and peer review comments should be 
summarized in a letter to ATSDR. This letter should also include the 
investigator's response to each comment and a rationale for those 
responses. Based upon the comments of the technical and peer reviewers, 
modifications in the study report may result. The modified study report 
should accompany the letter to ATSDR.
    G. ATSDR will make available assistance to investigators in 
formatting and copy editing draft final reports, should the 
investigator request this assistance. Editing will be conducted by 
ATSDR staff and an edited copy of the draft final report will be 
supplied to the investigator for review and concurrence. Editing will 
occur DURING the conduct of the peer review. It is requested that the 
report be furnished in WordPerfect 5.1 on a disk with the hard copy 
double-spaced, with clearly numbered pages, unbound and unstapled, and 
printed on one side only. All appendices, including maps and reproduced 
forms used in this study, should be furnished to ATSDR by the 
investigator.
    H. Following the steps outlined above, a final report of all 
studies and results of research carried out or supported by ATSDR must 
be submitted to the Procurement and Grants Office with a copy furnished 
to ATSDR.
    I. If assistance in printing the final report is needed, the 
Principal Investigator can submit a hard copy of the final report to 
the Procurement and Grants Office with a copy furnished to ATSDR.

Application Content

    In a narrative format, the applicant should include discussion of 
areas listed under the EVALUATION CRITERIA section of this announcement 
as they relate to the proposed program. Because these criteria will 
serve as the basis for evaluation of the application, omissions or 
incomplete information may affect the rating of the application. 
Although this program does not require in-kind or matching funds, the 
applicant should describe any in-kind support in the formal 
application. For example, if the in-kind support includes personnel, 
the applicant should provide the qualifying experience of the personnel 
and clearly state the type of activity to be performed.

Evaluation Criteria

    The application will be reviewed and evaluated according to the 
following criteria:
    1. Proposed Program (60 percent)
    A. Applicants ability to address the following:
    1. Identification of relevant Brownfields properties in the area 
including but not limited to those identified in the Brownfields 
Showcase award.
    2. Identification of all local Brownfields stakeholder groups, 
particularly minority and low-income local residents from affected 
communities. These groups should be developed into Brownfields Showcase 
Public Health Teams with public health making authority.
    3. Demonstrate how they will effectively use local health data in 
Brownfields public health evaluation and assurance.
    4. Demonstrate how they will effectively implement the Executive 
Order on Environmental Justice, by demonstrating working partnerships 
with community-based organizations of targeted populations in 
Brownfields communities.
    5. Describe how they will evaluate and sustain the public health 
activities after the project period.
    2. Program Evaluation (20 percent)
    The adequacy of the proposal relative to the extent to which 
evaluation plan includes measures of program outcome (e.g., effect on 
participant's knowledge, attitudes, skills, and behaviors).
    3. Applicant Capability (20 percent)
    a. Applicant's basic knowledge/experience required to perform the 
applicant's responsibilities in the project;
    b. Description of the adequacy and commitment of institutional 
resources to administer the program and the adequacy of the facilities.
    4. Program Budget (not scored)
    The extent to which the budget is reasonable, clearly justified, 
and consistent with the intended use of cooperative agreement funds.

Executive Order 12372 Review

    The application is subject to Intergovernmental Review of Federal 
Programs as governed by Executive Order (E.O.) 12372, which sets up a 
system for State and local government review of proposed Federal 
assistance applications. The applicant should contact their Single 
Point of Contact (SPOC) as early as possible to alert them to the 
prospective application and receive any necessary instructions on the 
State process. For proposed projects serving more than one State, the 
applicant is advised to contact the SPOC for each affected State. A 
current list of SPOCs is included in the application kit. If SPOCs have 
any State process recommendations on applications submitted to CDC, 
they should forward them to Ron Van Duyne, Grants Management Officer, 
Grants Management Branch, Procurement and Grants Office, Centers for 
Disease Control and Prevention (CDC), 255 East Paces Ferry Road, NE., 
Atlanta, GA 30305-2209, no later than 45 days after the application 
deadline date. The requirement for a 60-day State Process period has 
been waived under governing regulations 45 CFR 100. The granting agency 
does not guarantee to ``accommodate or explain'' State process 
recommendations it receives after that date.

Public Health System Reporting Requirements

    This program is not subject to the Public Health System Reporting 
Requirements.

Catalog of Federal Domestic Assistance Number

    The catalog of Federal Assistance Number is 93.161.

Other Requirements

A. Paperwork Reduction Act

    Projects that involve the collection of information from ten or 
more individuals and funded by cooperative agreement will be subject to 
review by the Office of Management and Budget (OMB) under the Paperwork 
Reduction Act.

[[Page 35937]]

B. Cost Recovery

    CERCLA, as amended by SARA, provides for the recovery of costs 
incurred for response actions at each Superfund site from potentially 
responsible parties. The recipient would agree to maintain an 
accounting system that will keep an accurate, complete, and current 
accounting of all financial transactions on a site-specific basis, 
i.e., individual time, travel, and associated cost including direct 
cost, as appropriate for the site. The recipient would also maintain 
documentation that describes the site-specific response actions taken 
with respect to the site, e.g., contracts, work assignments, progress 
reports, and other documents that describe the work performed at a 
site. The recipient will retain the documents and records to support 
these financial transactions and documentation of work performed, for 
possible use in a cost recovery case, for a minimum of ten years after 
submission of a final financial status report, unless there is 
litigation, claim, negotiation, audit or other action involving the 
specific site, then the records will be maintained until resolution of 
all issues on the specific site.

C. Third Party Agreements

    Project activities which are approved for contracting pursuant to 
the prior approval provisions shall be formalized in a written 
agreement that clearly establishes the relationship between the grantee 
and the third party. The written agreement shall at a minimum:
    1. State or incorporate by reference all applicable requirements 
imposed on the contractors under the grant by the terms of the grant, 
including requirements concerning technical review (ATSDR selected 
reviewers), release of data, ownership of data, and the arrangement for 
copyright when publications, data or other copyrightable works are 
developed under or in the course of work under a PHS grant supported 
project or activity.
    2. State that any copyrighted or copyrightable works shall be 
subject to a royalty-free, non-exclusive, and irrevocable license to 
the Government to reproduce, publish, or otherwise use them, and to 
authorize others to do so for Federal Government purposes.
    3. State that whenever any work subject to this copyright policy 
may be developed in the course of a grant be a contractor under a 
grant, the written agreement (contract) must require the contractor to 
comply with these requirements and can in no way diminish the 
Government's right in that work.
    4. State the activities to be performed, the time schedule for 
those activities, the policies and procedures to be followed in 
carrying out the agreement, and the maximum amount of money for which 
the grantee may become liable to the third party under the agreement.
    The written agreement required shall not relieve the grantee of any 
part of its responsibility or accountability to ATSDR under the 
cooperative agreement. The written agreement shall, therefore, retain 
sufficient rights and control to the grantee to enable it to fulfill 
this responsibility and accountability.

Application Submission and Deadline

    The original and two copies of application PHS Form 5161-1 (OMB 
Number 0937-0189) should be submitted to Ron Van Duyne, Grants 
Management Officer, Attn: Patrick A. Smith, Grants Management Branch, 
Procurement and Grants Office, Centers for Disease Control and 
Prevention (CDC), 225 East Paces Ferry Road, NE., Room 300, Mailstop E-
13, Atlanta, GA 30305-2209, on or before August 10, 1998. (By formal 
agreement, the CDC Procurement and Grants Office will act for and on 
behalf of ATSDR on this matter.)
    A. Deadline: Applications shall be considered as meeting the 
deadline if they are either:
    1. Received on or before the deadline date, or
    2. Sent on or before the deadline date and received in time for 
submission to the objective review group. (Applicants must request a 
legibly dated U.S. Postal Service postmark or obtain a legibly dated 
receipt from a commercial carrier or U.S. Postal Service. Private 
metered postmarks shall not be acceptable as proof of timely mailing.)
    B. Late Applications: Applications which do not meet the criteria 
in A.1. or 2. above are considered late applications. Late applications 
will not be considered.

Where to Obtain Additional Information

    To receive additional written information call 1-888-GRANTS4. You 
will be asked to leave your name, address, and phone number and will 
need to refer to ATSDR Announcement Number 98095. You will receive a 
complete program description, information on application procedures, 
and application forms. CDC will not send application kits by facsimile 
or express mail.
    If you have questions after reviewing the contents of all the 
documents, business management technical assistance may be obtained 
from Patrick A. Smith, Grants Management Specialist, Grants Management 
Branch, Procurement and Grants Office, Centers for Disease Control and 
Prevention (CDC), 255 East Paces Ferry Road, NE., Room 300, Mail Stop 
E-13, Atlanta, GA 30305-2209, telephone (404) 842-6803, Internet: 
<a href="/cdn-cgi/l/email-protection#33435b4000735057501d545c45"><span class="__cf_email__" data-cfemail="d0a0b8a3e390b3b4b3feb7bfa6">[email protected]</span></a>.
    Programmatic technical assistance may be obtained from Rueben C. 
Warren, DDS, MPH, DrPH, Associate Administrator for Urban Affairs, 
Agency for Toxic Substances and Disease Registry, 1600 Clifton Road, 
N.E., Mail Stop E-29, Atlanta, GA 30333 or by calling (404) 639-5060, 
Internet: <a href="/cdn-cgi/l/email-protection#b9cbdace8df9daddda97ded6cf"><span class="__cf_email__" data-cfemail="592b3a2e6d193a3d3a773e362f">[email protected]</span></a>.
    Please refer to announcement number 98095 when requesting 
information and submitting an application.
    Potential applicants may obtain a copy of Healthy People 2000 (Full 
Report, Stock No. 017-001-00474-0) or Healthy People 2000 (Summary 
Report, Stock No. 017-001-00473-1) referenced in the INTRODUCTION 
through the Superintendent of Documents, Government Printing Office, 
Washington, D.C. 20402-9325 (Telephone 202-783-3238).
    This and other CDC announcements are available through the CDC 
homepage on the Internet. The address for the CDC homepage is: <a href="http://
www.cdc.gov">http://
www.cdc.gov</a>.

    Dated: June 25, 1998.
Georgi Jones,
Director, Office of Policy and External Affairs Agency for Toxic 
Substances and Disease Registry.
[FR Doc. 98-17459 Filed 6-30-98; 8:45 am]
BILLING CODE 4163-70-P


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