[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

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

[CITE: 45CFR606.51]



[Page 100-101]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 606_ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN 

PROGRAMS OR ACTIVITIES CONDUCTED BY THE NATIONAL SCIENCE FOUNDATION

--Table of Contents

 

Sec. 606.51  Program accessibility: Existing facilities.



    (a) General. The Foundation shall operate each program or activity 

so that the program or activity, when viewed in its entirety, is readily 

accessible to and usable by individuals with handicaps. This paragraph 

does not--

    (1) Necessarily require the Foundation to make each of its existing 

facilities accessible to and usable by individuals with handicaps; or

    (2) Require the Foundation to take any action that it can 

demonstrate would result in a fundamental alteration in the nature of a 

program or activity or in undue financial and administrative burdens. In 

those circumstances where Foundation personnel believe that the proposed 

action would fundamentally alter the program or activity or would result 

in undue financial and administrative burdens, the Foundation has the 

initial burden of establishing that compliance with Sec. 606.51(a) 

would result in such alteration or burdens. The decision that compliance 

would result in such alteration or burdens must be made by the 

Foundation Director or his or her designee after considering all 

Foundation resources available for use in the funding and operation of 

the conducted program or activity, and must be accompanied by a written 

statement of the reasons for reaching that conclusion. If an action 

would result in such an alteration or burdens, the Foundation shall take 

any other action that would not result in such an alteration or such 

burdens but would nevertheless ensure that individuals with handicaps 

receive the benefits and services of the program or activity.

    (b) Methods. The Foundation may comply with the requirements of this 

section through such means as redesign of equipment, reassignment of 

services to accessible buildings, assignment of aides to beneficiaries, 

home visits, delivery of services at alternate accessible sites, 

alteration of existing facilities and construction of new facilities, 

use of accessible rolling stock, or any other methods that result in 

making its programs or activities readily accessible to and usable by 

individuals with handicaps. The Foundation is not required to make 

structural changes in existing facilities where other methods are 

effective in achieving compliance with this section. The Foundation, in 

making alterations to existing buildings, shall meet accessibility 

requirements to the extent compelled by the Architectural Barriers Act 

of 1968, as amended (42 U.S.C. 4151-4157), and any regulations 

implementing it. In choosing among available methods for meeting the 

requirements of this section, the Foundation shall give priority to 

those methods that offer programs and activities to qualified 

individuals with handicaps in the most integrated setting appropriate.

    (c) Time period for compliance. The Foundation shall comply with the 

obligations established under this section within 60 days of the 

effective date of this part except that where structural changes in 

facilities are undertaken, such changes shall be made within three years 

of the effective date of this part, but in any event as expeditiously as 

possible.

    (d) Transition plan. In the event that structural changes to 

facilities will be undertaken to achieve program accessibility, the 

Foundation shall develop, within six months of the effective date of 

this part, a transition plan setting forth the steps necessary to 

complete such changes. The Foundation shall provide an opportunity to 

interested persons, including individuals with handicaps or 

organizations representing individuals with handicaps, to participate in 

the development of the transition plan by submitting comments (both oral 

and written). 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 Foundation's facilities that 

limit the accessibility of its programs or activities to individuals 

with handicaps;

    (2) Describe in detail the methods that will be used to make the 

facilities accessible;



[[Page 101]]



    (3) Specify the schedule for taking the steps necessary to achieve 

compliance with this section and, if the time period of transition plan 

is longer than one year, identify steps that will be taken during each 

year of the transition period; and

    (4) Indicate the official responsible for implementation of the 

plan.