[Code of Federal Regulations]

[Title 43, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 43CFR17.217]



[Page 397-398]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

PART 17_NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT

OF THE INTERIOR--Table of Contents

 

          Subpart B_Nondiscrimination on the Basis of Handicap

 

Sec.  17.217  Existing facilities.



    (a) Accessibility. A recipient shall operate each program or 

activity so that when each part is viewed in its entirety it is readily 

accessible to and usable by handicapped persons. This paragraph does not 

require a recipient to make each of its existing facilities or every 

part of a facility accessible to and usable by handicapped persons.

    (b) Methods. A recipient may comply with the requirements of 

paragraph (a) of this section through such means as redesigning of 

equipment, reassignment of classes or other services to accessible 

buildings, assignment of aides to beneficiaries, delivery of services at 

alternate accessible sites, alterations of existing facilities and 

construction of new facilities in conformance with the requirements of 

Sec.  17.218, or any other methods that result in making its program or 

activity accessible to 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 handicapped persons in the most integrated 

setting appropriate.

    (c) Small recipients. If a recipient with fewer than fifteen 

employees that provides services 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 making a 

significant alteration in its existing facilities, the recipient may, as 

an alternative, refer the handicapped person to other providers of those 

services whose facilities are accessible.

    (d) Time period. A recipient shall comply with the requirement of 

paragraph (a) of this section within sixty days of the effective date of 

this subpart except that where structural changes in facilities are 

necessary, such changes shall be made as expeditiously as possible, but 

in no event later than three years after the effective date of this 

subpart. New recipients receiving Federal financial assistance shall 

comply with the requirement of paragraph (a) of this section, except 

that where structural changes in facilities are necessary, such changes 

shall be made as expeditiously as possible, but in no event later than 

three years after the date of approval of the application.

    (e) 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 subpart, a transition plan setting forth the steps 

necessary to complete such changes. New recipients, receiving financial 

assistance after the effective date of this regulation, shall develop a 

transition plan within one year of receipt of the financial assistance. 

The plan shall be developed with the assistance of interested persons, 

including handicapped



[[Page 398]]



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 and usable;

    (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) Indicate the person responsible for implementation of the plan.

    (f) Notice. The recipient shall adopt and implement procedures to 

insure that interested persons, including persons with impaired vision 

or hearing, can obtain information as to the existence and location of 

services, activities, and facilities that are accessible to and usable 

by handicapped persons.



[47 FR 29546, July 7, 1982, as amended at 68 FR 51377, Aug. 26, 2003]