[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 42CFR51c.503]



[Page 185-186]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 51c_GRANTS FOR COMMUNITY HEALTH SERVICES--Table of Contents

 

      Subpart E_Acquisition and Modernization of Existing Buildings

 

Sec.  51c.503  Application.



    (a) General requirements. An application for a grant under this part 

for a project under subparts B, C, or D which includes the acquisition 

and/or modernization of an existing building must include the following:

    (1) A legal description of the site and a drawing showing the 

location of the building;

    (2) A description of the architectural, structural, and other 

pertinent characteristics of the building sufficient to show that it is 

or that it will be, after alteration and renovation or after 

modernization, suitable for use by the project;

    (3) A detailed estimate of the cost of the proposed acquisition and/

or modernization;

    (4) A description of, and copies of any relevant documents 

concerning, any existing or proposed financing arrangements for the 

acquisition and/or modernization;

    (5) The proposed schedule for acquisition and/or modernization and 

occupancy;

    (6) An assessment of the environmental impact of the proposed 

acquisition and/or modernization as called for by section 102(2)(c) of 

the National Environmental Policy Act of 1969 (42 U.S.C. 4332(c)) and 

such information as may be necessary to comply with the National 

Historic Preservation Act of 1966 (16 U.S.C. 470(f));

    (7) Reasonable assurances that--

    (i) The applicant has or will obtain a fee simple or such other 

estate or interest in the site, including necessary easements and 

rights-of-way, sufficient to assure for a period of not less than 20 

years (in the case of interim facilities, for the period constituting 

the estimated useful life of such facilities) undisturbed use and 

possession for the purpose of the operation of the project;

    (ii) The building will be used for the purposes for which the grant 

is made;

    (iii) The building complies, or after alteration and renovation or 

after modernization will comply, with applicable State and local codes 

and with:

    (A) ``American National Standard Specifications for Making Buildings 

and Facilities Accessible to, and Usable by, the Physically 

Handicapped'' Number ANSI A117.1-1961 (R 1971), as modified by other 

standards prescribed by the Secretary or the Administrator of the 

General Services Administration. The applicant shall be responsible for 

conducting inspections to insure compliance with the specifications;

    (B) The applicable standards set forth in Life Safety Code 1973, 

NFPA No. 101, which is hereby incorporated by reference and made a part 

hereof. Copies of such document are available for examination at the 

Department's and Regional Offices' Information Centers listed in 45 CFR 

5.31 and may also be



[[Page 186]]



obtained from the National Fire Protection Association, 470 Atlantic 

Avenue, Boston, MA 02210 for $3.00 per copy.

    (iv) In the case of a public applicant with an approved project 

which involves the displacement of persons or businesses on or after 

January 2, 1971, whose real property has or will be taken, the applicant 

will comply with the provisions of the Uniform Relocation Assistance and 

Real Property Acquisition Policies Act of 1970 (Pub. L. 91-646) and the 

applicable regulations issued thereunder (45 CFR part 15);

    (v) Sufficient funds will be available to meet any portion of the 

cost of acquiring and/or modernizing the building not borne by the grant 

under this part;

    (vi) Sufficient funds will be available after acquisition and/or 

modernization of the building for effective use of the building for the 

purposes of the project;

    (vii) The applicable requirements of the Flood Disaster Protection 

Act of 1973 have been met;

    (8) Such other information as the Secretary may reasonably require.

    (b) Requirement for acquisition grants. Except for a grant solely 

for amortization of principal and payment of interest on an existing 

loan, an application for a grant for a project which includes the 

acquisition of an existing building must include, in addition to the 

requirements of paragraph (a) of this section, evidence satisfactory to 

the Secretary that the applicant has explored other alternatives to the 

proposed acquisition (such as leasing facilities or acquiring other 

facilities in the project's catchment area) and that the proposed 

acquisition constitutes the soundest alternative from a financial and 

program standpoint.

    (c) Requirements for modernization grants. In addition to the 

requirements of paragraph (a) of this section, an application for a 

grant for a project which includes modernization of an existing building 

must include the following:

    (1) Plans and specifications for the proposed modernization which 

conform to the standards specified in Sec.  51c.503(a)(7)(iii);

    (2) Reasonable assurance that any laborer or mechanic employed by 

any contractor or subcontractor in the performance of work on the 

modernization project will be paid wages at rates not less than those 

prevailing on similar work in the locality as determined by the 

Secretary of Labor under the Davis-Bacon Act (40 U.S.C. 276a et seq.) 

and will receive compensation at a rate not less than one and one-half 

times his basic rate of pay for all hours worked in any workweek in 

excess of 8 hours in any calendar day; and

    (3) Copies of any construction and materials contracts already 

entered into for the proposed modernization.



[41 FR 57000, Dec. 30, 1976, as amended at 43 FR 5352, Feb. 7, 1978]