[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR64.11]

[Page 356-357]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 64_GRANTS AND ALLOCATIONS FOR RECREATION AND CONSERVATION USE OF 
ABANDONED RAILROAD RIGHTS-OF-WAY--Table of Contents
 
Sec.  64.11  Project performance.

    The State or local applicant shall be responsible for insuring the 
project is carried through to stages of completion acceptable to the 
Bureau of Outdoor Recreation with reasonable promptness. Financial 
assistance may be terminated upon determination by the Bureau of Outdoor 
Recreation that satisfactory progress has not been maintained.
    (a) Acquisition Procedures. All acquisition must conform to the 
Uniform Relocation Assistance and Real Property Acquisition Policies Act 
of 1970, Pub. L. 91-646, as set forth in the Bureau of Outdoor 
recreation Manual, part 645. Real property must be appraised before the 
initiation of negotiations, and the property owner given a statement of 
just compensation for his property. In no event can the amount 
established as just compensation be less than the fair market value 
established by the approved appraisal.
    (1) Appraisals. The State or local applicant should secure at least 
one appraisal of the appropriate type by a qualified professional 
appraiser for each parcel to be acquired. Standards for appraisals shall 
be consistent with the current Uniform Appraisal Standards for Federal 
Land Acquisition, published by the Land Acquisition Conference and as 
set forth in Bureau of Outdoor Recreation Manual, paragraph 675.2.5.
    (2) Appraisal Review. The appraisal will be reviewed and approved by 
a

[[Page 357]]

qualified staff or fee appraiser prior to the initiation of 
negotiations. The Bureau reserves the right to review all appraisal 
documentation prior to or after the acquisition.
    (3) Record Retention. All documentation supporting the acquisition 
of land and improvements, or interests therein, must be kept available 
for examination by duly authorized representatives of the Bureau, the 
Department of the Interior and the General Accounting Office. All such 
records shall be retained and be available for inspection for a period 
of three years after final payment by the Federal Government.
    (b) Development Procedures. Development work may be accomplished by 
contract or by force account. Allowable construction costs cover all 
necessary construction activities, from site preparation to completion 
of the facility.
    (1) Construction by Force Account. Labor costs charged to a project 
for force account work will be based on payrolls documented and approved 
in accordance with generally accepted accounting practices of the State 
or local agency. Payrolls must be supported by time and attendance or 
equivalent records for individual employees. Salaries and wages of 
employee chargeable to more than one cost objective will be supported by 
appropriate time distribution records. The method used should produce an 
equitable distribution of time and effort. Costs for equipment owned by 
the participant may be charged against the project based on an equipment 
use rate developed by the participant in accordance with guidelines 
provided by the Bureau of Outdoor Recreation. Other costs such as 
material costs will be charged to a project as outlined in OMB Circular 
A-102 and the Bureau of Outdoor Recreation Manual, part 670.
    (2) Construction by Contract--(i) Bids and Awards. Competitive open 
bidding shall be required for contracts in excess of $10,000 in 
accordance with Attachment O of OMB Circular A-102.
    (ii) Equal Employment Opportunity. All construction contracts 
awarded by recipients and their contractors, or subgrantees having a 
value of more than $10,000 shall contain a provision requiring 
compliance with Executive Order No. 11246, entitled ``Equal Employment 
Opportunity'' as supplemented in Department of Labor Regulations (41 CFR 
part 60). Equal employment contract compliance requirements for 
``Hometown'' or ``Imposed '' Plan areas will be followed.
    (iii) The State or local applicant will comply with all other 
procurement standards set forth in Attachment O of OMB Circular A-102.
    (3) Construction Planning Services. The applicant is responsible 
for:
    (i) Providing all engineering services necessary for all design and 
construction of Fund-assisted projects.
    (ii) Providing an internal technical review of all construction 
plans and specifications.
    (iii) Insuring that construction plans and specifications meet 
applicable health and safety standards of the State.
    (iv) The Bureau reserves the right to require the submission of 
plans and specifications for any development project prior to project 
approval.
    (v) All construction plans, specifications, contracts, and change 
orders shall be retained by the participant for a period of three years 
after final payment on a project is made by the Bureau, or for a longer 
period of time if so requested by the Bureau.
    (4) All facilities developed will be designed to comply with the 
``American Standard Specifications for Making Buildings and Facilities 
Accessible to, and usable by the Physically Handicapped'' Number A117.1-
1961, as modified (41 CFR 101-17.703). The applicant will be responsible 
for conducting inspections to insure compliance with these 
specifications by the contractor.

[42 FR 54806, Oct. 11, 1977; 42 FR 57462, Nov. 3, 1977. Redesignated at 
45 FR 780, Jan. 3, 1980, and 46 FR 34329, July 1, 1981]