[Code of Federal Regulations]
[Title 7, Volume 11]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1753.25]

[Page 384]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER XVII--RURAL UTILITIES SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 1753--TELECOMMUNICATIONS SYSTEM CONSTRUCTION POLICIES AND PROCEDURES--Table of Contents
 
                  Subpart D--Construction of Buildings
 
Sec. 1753.25  General.

    Source: 54 FR 39267, Sept. 25, 1989, unless otherwise noted. 
Redesignated at 55 FR 39396, Sept. 27, 1990.


    (a) This subpart implements and explains the provisions of the Loan 
Documents setting forth the requirements and the procedures to be 
followed by borrowers in constructing headquarters, commercial office, 
central office, warehouse, and garage buildings with loan funds.
    (b) Terms used in this subpart are defined in Sec. 1753.2.
    (c) All plans and specifications for buildings to be constructed 
with loan funds are subject to the approval of RUS. In addition, 
preliminary plans and specifications for headquarters and commercial 
office buildings to be constructed with loan funds are subject to RUS 
approval.
    (d) RUS Form 257, Contract to Construct Buildings, shall be used for 
the construction of all headquarters, commercial office, central office, 
warehouse, and garage buildings with loan funds. Refer to Sec. 1753.26 
for further instructions.
    (e) The borrower shall use the sealed competitive bid procedure for 
all building construction, except for:
    (1) Minor construction using subpart I procedures.
    (2) Major construction, where the borrower has received advanced 
approval to perform the construction by force account.
    Refer to Secs. 1753.27 and 1753.29 for further instructions.
    (f) The site location, design, and construction of the facilities 
must comply with all applicable laws and regulations, including:
    (1) Pub. L. 90-480 (42 U.S.C. 4151) (Access to Physically 
Handicapped), which requires certain buildings financed with Federal 
funds be designed and constructed to be accessible to the physically 
handicapped.
    (2) Pub. L. 91-596 (29 U.S.C. 651) the Occupational Safety and 
Health Act of 1970. OSHA issues rules and regulations covering 
occupational safety and health standards for buildings. These 
regulations are codified in 29 CFR chapter XVII.
    (3) 7 CFR part 1794, which provides for compliance with the National 
Environmental Policy Act (NEPA) and Council on Environmental Quality 
(CEQ) regulations (40 CFR parts 1500-1508) implementing the procedural 
provisions of NEPA, as well as RUS's conformance with other laws, 
regulations, and Executive Orders regarding environmental protection.
    (4) 7 CFR part 1792, subpart C, which requires that the building 
design comply with applicable seismic design criteria. Prior to the 
design of buildings, borrowers shall submit to RUS a written 
acknowledgement from the architect or engineer that the design will 
comply.
    (g) All construction pertaining to the building structure shall be 
performed under one contract. Separate contracts may be used for 
planting shrubbery, surfacing of roads and parking areas, and other 
identifiable parts of the project not pertaining to the building 
structure. These separate contracts shall also be subject to RUS 
approval as described in this subpart D.
    (h) The borrower is responsible for submitting evidence, 
satisfactory to RUS, establishing that clear title to the building site 
has been obtained. RUS will not approve the construction contract until 
it has given title clearance.

[54 FR 39267, Sept. 25, 1989. Redesignated at 55 FR 39396, Sept. 27, 
1990, and amended at 59 FR 43717, Aug. 25, 1994; 64 FR 16606, Apr. 6, 
1999]