[Code of Federal Regulations]
[Title 7, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR15b.18]

[Page 405-406]
 
                          TITLE 7--AGRICULTURE
 
PART 15b_NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR 
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents
 
                         Subpart C_Accessibility
 
Sec. 15b.18  Existing facilities.

    (a) Accessibility. A recipient shall operate each assisted program 
or activity so that when each part is viewed in its entirety it is 
readily accessible to and usable by qualified handicapped persons. This 
paragraph does not necessarily require a recipient to make each of its 
existing facilities or every part of an existing facility accessible to 
and usable by qualified handicapped persons.
    (b) Method. A recipient may comply with the requirements of 
paragraph (a) of this section through such means as redesign of 
equipment, reassignment of classes or other services to accessible 
buildings, assignment of aides to beneficiaries, home visits, delivery 
of services at alternate accessible sites, alteration of exiting 
facilities and construction of new facilities in conformance with the 
requirements of Sec. 15b.19, or any other method that results in making 
its program or activity accessible to qualified 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 serve qualified 
handicapped persons in the most intergrated setting appropriate.
    (c) Small providers. If a recipient with fewer than fifteen 
employees 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 by making a significant alteration in its 
existing facilities, the recipient may, as an alternative, refer the 
handicapped person to other providers of those services that are 
accessible at no additional cost to handicapped persons.
    (d) Application for modification of requirements. Recipients that 
determine after a self-evaluation conducted according to the 
requirements of Sec. 15b.8(c), that accessibility can only be 
accomplished through substantial modifications which would result in a 
fundamental alteration in the nature of the program or activity, may 
apply to the Secretary for a modification of the requirements of this 
section.
    (e) Historic Preservation Programs; Application for waiver of 
program accessibility requirements. (1) A recipient shall operate each 
assisted program or activity involving Historic Preservation Programs so 
that when each part is viewed in its entirety it is readily accessible 
to and usable by handicapped persons. This paragraph does not 
necessarily require a recipient to make each of its existing historic 
properties or every part of an historic property accessible to and 
usable by handicapped persons. Methods of achieving accessibility 
include:

[[Page 406]]

    (i) Making physical alterations which enable handicapped persons to 
have access to otherwise inaccessible areas or features of historic 
properties;
    (ii) Using audio-visual materials and devices to depict otherwise 
inaccessible areas or features of historic properties;
    (iii) Assigning persons to guide handicapped persons into or through 
otherwise inaccessible portions of historic properties;
    (iv) Adopting other innovative methods to achieve accessibility. 
Because the primary benefit of an Historic Preservation Program is the 
experience of the historic property itself, in taking steps to achieve 
accessibility, recipients shall give priority to those means which make 
the historic property, or portions thereof physicially accessible to 
handicapped individuals.
    (2) Where accessibility cannot be achieved without causing a 
substantial impairment of significant historic features, the Secretary 
may grant a waiver of the accessibility requirement. In determining 
whether accessibility can be achieved without causing a substantial 
impairment, the Secretary shall consider the following factors:
    (i) Scale of property, reflecting its ability to absorb alterations;
    (ii) Use of the property, whether primarily for public or private 
purpose;
    (iii) Importance of the historic features of the property to the 
conduct of the program or activity; and,
    (iv) Cost of alterations in comparison to the increase in 
accessibility.

The Secretary shall periodically review any waiver granted under this 
section and may withdraw it if technological advances or other changes 
so warrant.
    (3) Where the property is federally owned or where Federal funds may 
be used for alterations, the comments of the Advisory Council on 
Historic Preservation shall be obtained when required by section 106 of 
the National Historic Preservation Act of 1966, as amended (16 U.S.C. 
470), and 36 CFR part 800, prior to effectuation of structural 
alterations.
    (f) Time period. A recipient shall comply with the requirements of 
paragraph (a) of this section within sixty days of the effective date of 
this part except that where structural changes in facilities are 
necessary, such changes shall be made within three years of the 
effective date of this part and as expeditiously as possible.
    (g) 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 part, a transition plan setting forth the steps 
necessary to complete such changes. 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;
    (3) Specify the schedule for taking the steps necessary to achieve 
full accessibility under paragraph (a) of this section 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) Identify the person responsible for implementation of the plan.

[47 FR 25470, June 11, 1982, as amended at 68 FR 51342, 51343, Aug. 26, 
2003]