[Code of Federal Regulations] [Title 45, Volume 4] [Revised as of October 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 45CFR1309.4] [Page 188] TITLE 45--PUBLIC WELFARE CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES PART 1309_HEAD START FACILITIES PURCHASE, MAJOR RENOVATION AND CONSTRUCTION--Table of Contents Subpart A_General Sec. 1309.4 Eligibility--Construction. Before submitting an application under Sec. 1309.10 for construction of a facility, the grantee must establish that: (a) The Head Start program serves an Indian Tribe; or is located in a rural or other low-income community; and (b) There is a lack of suitable facilities (including public school facilities) in the grantee's service area which will inhibit the operation of the program, as demonstrated by a statement that neither the grantee's current facility nor any facility available for lease in the service area is suitable for use by the Head Start program. This statement must explain the factors considered, how it was determined that there is a lack of suitable facilities and be supported whenever possible by a written statement from a licensed real estate professional in the grantee's service area. [68 FR 23219, May 1, 2003]