Orange County NC Website
DocuSign Envelope ID:78958EB7-5B02-4CA0-8EAF-F3E892A7B33B <br /> eCFR Code of Federal Regulations https:l/www.ecfr.gov/cgi-bin/text-idx?SID=74dOb65502c549f3cildf... <br /> (b)The non-Federal entity may copyright any work that is subject to copyright and was developed,or for which <br /> ownership was acquired,under a Federal award.The Federal awarding agency reserves a royalty-free,nonexclusive and <br /> Irrevocable right to reproduce,publish,or otherwise use the work for Federal purposes,and to authorize others to do so. <br /> (c)The non-Federal entity is subject to applicable regulations governing patents and inventions,including <br /> govemmentwide regulations issued by the Department of Commerce at 37 CFR Part 401,"Rights to inventions Made by <br /> Nonprofit Organizations and Small Business Firms Under Government Awards,Contracts and Cooperative Agreements." <br /> td)The Federal Government has the right to: <br /> (1)Obtain,reproduce,publish,or otherwise use the data produced under a Federal award;and <br /> (2)Authorize others to receive,reproduce,publish,or otherwise use such data for Federal purposes. <br /> (e)Freedom of lnformatlon Act(FOIA). <br /> (1)In response to a Freedom of Inform atlon Act(FOIA)request far research data relating to published roses roh <br /> flndIngs produced under a Federal award that were used by the Federal Govemment In developing an agency action that <br /> has the force and effect of law,the Federal awarding agency must request,and the non-Federal entity must provide,within <br /> a reasonable time,the research data so that they can be made available to the public through the procedures established <br /> under the FOIA.If the Federal awarding agency obtains the research data solely in response to a FOIA request, the <br /> Federal awarding agency may charge the requester a reasonable fee equaling the full incremental cost of obtaining the <br /> research data.This fee should reflect costs incurred by the Federal agency and the non-Federal entity.This fee is In <br /> addition to any fees the Federal awarding agency may assess under the FOIA 45 U.S.C.552(ax4)(A)). <br /> (2)Published research findings means when: <br /> (i)Research findings are published In a peer-reviewed scientific or technical joumal;or <br /> (11)A Federal agency publicly and officially cites the research findings In support of an agency action that has the force <br /> and effect of law."Used by the Federal Government in developing an agency action that has the force and effect of law"is <br /> defined as when an agency publicly and officially cites the research findings In support of an agency action that has the <br /> force and effect of law, <br /> (3)Research data means the recorded factual material commonly accepted In the scientific community as necessary <br /> to validate research findings,but not any of the following:preliminary analyses,drafts of scientific papers,plans for future <br /> research, peer reviews,or communications with colleagues.This"recorded'material excludes physical objects(e.g., <br /> laboratory samples). Research data also do not include: <br /> (1)Trade secrets,commercial Information,materials necessary to be held confidential by a researcher until they are <br /> published,or similar information which Is protected under law;and <br /> (il)Personnel and medical information and similar information the disclosure of which would constitute a clearly <br /> unwarranted invasion of personal privacy,such as information that could be used to Identify a particular person in a <br /> research study. <br /> 178 FR 78608,Dec.26,2013.as amended at 79 FIR 75884,Dec.19,2014) <br /> §200.318 Property trust relationship. <br /> Real property,equipment,and intangible property,that are acquired or improved with a Federal award must be held in <br /> trust by the non-Federal entlty as trustea for the beneficiaries of tha protect or program under which the property was <br /> acquired or improved.The Federal awarding agency may require the non-Federal entity to record liens or other <br /> appropriate notices of record to indicate that personal or real property has been acquired or Improved with a Federal <br /> award and that use and dispositlon conditions apply to the property. <br /> Need aulslance? <br /> 4 of 4 8/15117, 12:15 PM <br />