[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR17.217]

[Page 389-390]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 17--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT OF THE INTERIOR--Table of Contents
 
          Subpart B--Nondiscrimination on the Basis of Handicap
 
Sec. 17.217  Existing facilities.

    (a) Program accessibility. A recipient shall operate each program or 
activity so that the program or activity, when viewed in its entirety, 
is readily accessible to and usable by handicapped persons. This 
paragraph does not require a recipient to make each of its existing 
facilities or every part of a facility accessible to and usable by 
handicapped persons.
    (b) Methods. A recipient may comply with the requirements of 
paragraph (a) of this section through such means as redesigning of 
equipment, reassignment of classes or other services to accessible 
buildings, assignment of aides to beneficiaries, delivery of services at 
alternate accessible sites, alterations of existing facilities and 
construction of new facilities in conformance with the requirements of 
Sec. 17.218, or any other methods that result in making its program or 
activity accessible to handicapped persons. A recipient is not required 
to make structural changes in existing facilities where other methods 
are effective in achieving compliance with paragraph (a) of this 
section. In choosing among available methods for meeting the requirement 
of paragraph (a) of this section, a recipient shall give priority to 
those methods that offer programs and activities to handicapped persons 
in the most integrated setting appropriate.
    (c) Small recipients. If a recipient with fewer than fifteeen 
employees that provides services finds, after consultation with a 
handicapped person seeking its services, that there is no method of 
complying with paragraph (a) of this section other than making a 
significant alteration in its existing facilities, the recipient may, as 
an alternative, refer the handicapped person to to other providers of 
those services whose facilities are accessible.
    (d) Time period. A recipient shall comply with the requirement of 
paragraph (a) of this section within sixty days of the effective date of 
this subpart except that where structural changes in facilities are 
necessary, such changes shall be made as expeditiously as possible, but 
in no event later than three years after the effective date of this 
subpart. New recipients receiving Federal financial assistance shall 
comply with the requirement of paragraph (a) of this section, except 
that where structural changes in facilities are necessary, such changes 
shall be made as expeditiously as possible, but in no event later than 
three years after the date of approval of the application.
    (e) Transition plan. In the event that structural changes to 
facilities are necessary to meet the requirement of paragraph (a) of 
this section a recipient shall develop, within one year of the effective 
date of this subpart, a transition plan setting forth the steps 
necessary to complete such changes. New recipients, receiving financial 
assistance after the effective date of this regulation, shall develop a 
transition plan within one year of receipt of the financial assistance. 
The plan shall be developed with the assistance of interested persons, 
including handicapped persons or organizations representing handicapped 
persons. A copy of the transition plan shall be made available for 
public inspection. The plan shall, at a minimum:
    (1) Identify physical obstacles in the recipient's facilities that 
limit the accessibility of its program or activity to handicapped 
persons;
    (2) Describe in detail the methods that will be used to make the 
facilities accessible and usable;
    (3) Specify the schedule for taking the steps necessary to achieve 
full program accessibility and, if the time period of the transition 
plan is longer than one year, identify steps that will be taken during 
each year of the transition period; and
    (4) Indicate the person responsible for implementation of the plan.
    (f) Notice. The recipient shall adopt and implement procedures to 
insure

[[Page 390]]

that interested persons, including persons with impaired vision or 
hearing, can obtain information as to the existence and location of 
services, activities, and facilities that are accessible to and usable 
by handicapped persons.