[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1309.10]



[Page 188-190]

 

                        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 B_Application Procedures

 

Sec. 1309.10  Applications for the purchase, construction and major 

renovation of facilities.





    A grantee which proposes to use grant funds to purchase a facility, 

or a grantee found eligible under Sec. 1309.4 to apply for funds to 

construct a facility, or Sec. 1309.5 to undertake major renovation of a 

facility, including facilities purchased for that purpose, must submit a 

written application to the responsible HHS official. The application 

must include the following information:

    (a) A legal description of the site of the facility, and an 

explanation of the appropriateness of the location to the grantee's 

service area, including a statement of the effect that acquisition or 

major renovation of the facility has had or will have on the 

transportation of children to the program, on the grantee's ability to 

collaborate with other child care, early education programs, social 

services and health providers, and on all other program activities and 

services.

    (b) Plans and specifications of the facility to be acquired, 

including information on the size and type of structure, the number and 

a description of the rooms, and the lot on which the building is located 

or will be located (including the space available for a playground and 

for parking). If incidental alterations and renovations or major 

renovations are being proposed to make a facility suitable to carry out 

the Head Start program, a description of the renovations, and the plans 

and specifications submitted, must also describe the facility as it will 

be after renovations are complete. In the case of a proposed major 

renovation or construction project, the applicant must submit a written 

estimate of all costs associated with the project. An architect or 

engineer must prepare the written estimate.

    (c) The cost comparison described in Sec. 1309.11.

    (d) The intended use of the facility proposed for acquisition or 

major renovation, including information showing the percentage of floor 

space that will



[[Page 189]]



be used as a Head Start center or a direct support facility for a Head 

Start program. As provided under section 644(f)(2)(D) of the Act, in the 

case of a request regarding funding for the continuing purchase of a 

facility, the application must include information demonstrating that 

the facility will be used principally as a Head Start center, or a 

direct support facility for a Head Start program.

    (e) An assurance that the facility complies (or will comply when 

constructed or after completion of the renovations described in 

paragraph (b) of this section) with local licensing and code 

requirements, the access requirements of the Americans with Disabilities 

Act (ADA), if applicable, and section 504 of the Rehabilitation Act of 

1973. The grantee will also assure that it has met the requirements of 

the Flood Disaster Protection Act of 1973, if applicable.

    (f) If the grantee proposing to purchase a facility without 

undertaking major renovations is claiming that the lack of alternative 

facilities will prevent or would have prevented operation of the 

program, a statement of how it was determined that there is or was a 

lack of alternative facilities. This statement must be supported, 

whenever possible, by a written statement from a licensed real estate 

professional in the grantee's service area. If a grantee requesting 

approval of the use of Head Start funds to continue purchase of a 

facility is unable to provide such statements based on circumstances 

which existed at the time the purchase began, the grantee and the 

licensed real estate professional may use present conditions as a basis 

for making the determination.

    (g) The terms of any proposed or existing loan(s) related to 

acquisition or major renovation of facility and the repayment plans 

(detailing balloon payments or other unconventional terms, if any), and 

information on all other sources of funding of the acquisition or major 

renovations, including any restrictions or conditions imposed by other 

funding sources.

    (h) A statement of the effect that the acquisition or major 

renovation of the facility would have on the grantee's meeting the non-

Federal share requirement of section 640(b) of the Head Start Act, 

including whether the grantee is seeking a waiver of its non-Federal 

share obligation under that section of the Act.

    (i) Certification by a licensed engineer or architect that the 

building proposed to be purchased or for which Head Start funds will be 

used to continue to purchase is structurally sound and safe for use as a 

Head Start facility. The applicant must certify that, upon completion of 

major renovation to a facility or construction of a facility, that an 

inspection by a licensed engineer or architect will be conducted to 

determine that the facility is structurally sound and safe for use as a 

Head Start facility.

    (j) A statement of the effect that the acquisition or major 

renovation of a facility would have on the grantee's ability to meet the 

limitation on development and administrative costs in section 644(b) of 

the Head Start Act. One-time fees and expenses necessary to the 

acquisition or major renovation, such as the down payment, the cost of 

necessary renovation, loan fees and related expenses, and fees paid to 

attorneys, engineers, and appraisers, are not considered to be 

administrative costs.

    (k) A proposed schedule for acquisition, renovation and occupancy of 

the facility.

    (l) Reasonable assurance that the applicant will obtain, or has 

obtained, a fee simple or such other estate or interest in the site of 

the facility to assure undisturbed use and possession for the purpose of 

operating a Head Start program. A grantee seeking funding for 

acquisition or major renovation of a facility that is sited on land not 

owned by the grantee must establish in its application that there is no 

other feasible alternative to acquisition or leasing of the facility for 

providing a suitable facility appropriate to the needs of the Head Start 

program. If the grantee proposes to acquire a facility without also



[[Page 190]]



purchasing the land on which the facility is or will be situated, the 

application must include a copy of the existing or proposed land lease 

or other document which protects the Federal interest in the facility 

and ensures undisturbed use and possession of the facility by the 

grantee, or other organization designated by ACF, for the purpose of 

operating a Head Start program or other program designated by ACF. A 

grantee applying for funding to make major renovations to a facility it 

does not own must include with its application written permission from 

the owner of the building projected to undergo major renovation and a 

copy of the lease or proposed lease for the facility. A grantee 

receiving funds for acquisition or the major renovation of a facility, 

on land belonging to another party, must have a land lease or other 

similar interest in the underlying land which is long enough to allow 

the Head Start program to receive the full value of those permanent 

grant-supported improvements.

    (m) An assessment of the impact of the proposed project on the human 

environment pursuant to section 102(2)(C) of the National Environmental 

Policy Act of 1969 (42 U.S.C. 4332(2)(C)) and its implementing 

regulations (40 CFR parts 1500 through 1508), as well as a report 

showing the results of tests for environmental hazards present in the 

facility, ground water, and soil (or justification why such testing is 

not necessary). In addition, such information as may be necessary to 

comply with the National Historic Preservation Act of 1966 (16 U.S.C. 

470f) must be included.

    (n) Assurance that the grantee will comply with the requirements of 

the Uniform Relocation Assistance and Real Property Acquisition Policies 

Act of 1970, as amended (42 U.S.C. 4601 et seq. and 49 CFR part 24), and 

information about the costs that may be incurred due to compliance with 

this Act.

    (o) A statement of the share of the cost of acquisition or major 

renovation that will be paid with grant funds.

    (p) For a grantee seeking approval of the use of Head Start funds to 

continue purchase of a facility, a statement of the extent to which it 

has attempted to comply and will be able to comply with the provision of 

Sec. 1309.22.

    (q) Such additional information as the responsible HHS official may 

require.



[68 FR 23220, May 1, 2003]