« PreviousContinue »
Title 42- Public Health
Uning areas of potential conflict in order 93-638, some changes in the regulations CHAPTER DEPARTMENT OF HEALTH, to avoid or diminish such conflict.
have been made to conform to the proviEDUCATION, AND WELFARE
A second set of draft regulations was sions in the BIA regulations. Some
then sent out to the field and in late May changes have been made to improve style, PART 36-INDIAN HEALTH
and June the IHS and BIA teams again to clarify meaning and to reflect generSubpart HGrants for Development, Con
set forth to meet with the Indian people. ally applicable Departmental policy. The struction, and Operations of Facilities To preserve continuity, the meetings changes in style, clarity, and organizaand Services
were held, whenever possible, in the same tional structure are apparent from the Subpart Contracts Under the Indian
place with the same teams making the text and are not specifically discussed Self-Determination Act presentations.
below. The cross references contained in The resulting input received from the the proposed regulations have not been On August 14, 1975, an advance notice tribe and field offices was again reviewed deleted as it is anticipated that this is an of proposed rulemaking was published in
and incorporated into a set of draft reg- issue which will be taken up with reprethe FEDERAL REGISTER (40 FR 34292) ad
ulations which were submitted to the sentatives of the tribes and BIA. Other vising of the intention of the Secretary appropriate Congressional Committees specific comments are addressed below. of Health, Education, and Welfare to
on August 4. An Advance Notice of Propropose rules governing grants and con
SUBPART H-GRANTS posed Rulemaking was published in the tracts pursuant to sections 103 and 104
FEDERAL REGISTER on August 14, to give 1. It was suggested that the word (b) of the Indian Self-Determination
the Indian people yet another opportu- "non-profit" be deleted from the defini. and Education Assistance Act, Pub. L.
nity to review the proposed regulations, tion of tribal organization because the 93-638. Public comments was invited. On
and the Notice of Proposed Rulemaking statute did not contain such a limitation. September 15, 1975, the Secretary pub
was published on September 15. At all We agree and have, accordingly, deleted lished in the FEDERAL REGISTER (40 FR
stages of development of the regulations the term from $ 36.102(d). This change 42658) a Notice of Proposed Rulemaking particular effort was made to respond to was made as the concept of a grant does setting forth for public comment the
the recommendations made by the In- not, by its nature, include a profit elerules and regulations which, when
dian people. While there has been a sig- ment. The fact that the grantee 18 a foradopted, would govern grants and con
nificant amount of cooperation between profit organization does not change the tracts pursuant to the Indian Self-De
the staff of the Indian Health Service and nature of a grant which does not include termination and Education Assistance
that of the Bureau of Indian Affairs, the a profit element. Act.
regulations issued by the respective De- 2. One commentator suggested that Title I of the Pub. L. 93-638 directs the partment are not sufficiently similar. consultation with Indians be required Secretary of Health, Education, and
This has resulted from different drafts- prior to publishing a notice of availWelfare to enter into contracts with
men working within different organiza- ability of funds as required by $ 36.109. tribal organizations pursuant to section tions, each striving to produce an end- This suggestion was not adopted because 103 of the Act to carry out any or all of product in keeping with their respective consultation is currently part of the the Secretary's functions, authorities, standards. It is now reallzed that what is normal budget process and because the and responsibilities under the act of needed 18 uniformity wherever possible, allocation of funds reflects Congressional August 6, 1954 (68 Stat. 674), 42 U.S.C.
that is, in every situation where pro- action in the appropriation process. 2001, as amended, and authorizes the grammatic differences do not require 3. While 36.114 makes applicable the Secretary to make grants to Indian
that distinctions be made. This need for uniform administrative requirements tribes or tribal organizations pursuant to
uniform language and organization is of and cost principles of 45 CFR Part 74, a section 104(b) of the Act for the develop
great fmportance because the Indian provision was added to 36.114 to make ment, construction, operation, provision
tribes seeking to benefit from the Act clear that such requirements apply only or maintenance of facilities or services
should not be burdened with the problem to the extent that they are consistent and for planning, training, and evalue of reading different texts to derive basttion projects to improve the capacity of cally the same information about closely
with the regulations of this subpart.
4. The portion of $36.115 which retribal organizations to contract. In the
related problems. nor should they have lated to suspension of grants was deleted true spirit of self-determination, the De
to trace cross-referenced material where partment of Health, Education, and Wel
because the Department, upon further this could be avolded. Accordingly, rep- consideration, agreed with comments fare through the Indian Health Service bas taken extraordinary measures to
resentatives of this Department will meet pointing out that suspension was not au
with representatives of the Bureau of Inseek and include the recommendations of
thorized by the statute. Section 36.115 dian Affairs in an effort to achieve maxithe Indian people in the drafting of the
(d) has been revised to clarify the appeal regulations needed to implement this Act.
mum uniformity in the regulations of the procedures and the rights of the grantee
two agencies. Thus, even as these regula- where a recision is based on an immediNumerous meetings were held with the Bureau of Indian Affairs and the Civil
tions are promulgated, it is anticipated ate threat to safety.
that a major revision of these regulations Service Commission regarding similar
5. Two new $$ 36,120 and 36.121 en1s in order. obligations under the Act, recognizing the
titled respectively Use of Indian business need for a set of regulations that would
While the Department is committed to
concerns and Indian preference in trainbe as similar and as applicable as pos
such an undertaking, the comments re- ing and employment, have been added to sible to both IHS and BIA Strategy ceived from the public in response to the subpart H to give effect to section 7(b) meetings were held in early January and
September 15, 1975, Notice of Proposed of the Act, 25 U.S.C. 450e(b).
SUBPART I-CONTRACTS ducting extensive field orientations and sidered in promulgating these regulaworking consultations with the tribes tions. Comments from over 25 different 6. A number of comments noted that These were designed to solicit recom
sources were received. In general, the it did not appear from the text of the mendations on a continuing basis at comments suggested the need for greater regulations that the Secretary was comevery stage of preparing the regulations similarity with the regulations of the Bu
mitted to fully implementing the Act for publication. An initial draft of im
reau of Indian Affairs, the need to elimi- notwithstanding the Secretary's stateplementation regulations was drawn up
nate unnecessary cross-referencing to ments in the preamble to the Septemand sent to the tribes and field offices for
other statutes or regulations, the need ber 15, 1975, regulations. In order to disreview. During March and April, IHS for more procedural safeguards for In
pel any doubt about the Secretary's comand BIA sent teams to 15 strategic loca- dian people, and the need for assurance
mitment to carry out the intent of the tions to discuss the draft regulations with that the input of Indian people will be Act, a new paragraph entitled Policy was Indian leaders and people and record considered in the Secretary's decisions
added to section 36.201. their recommendations. Workshops and affecting Indian people.
7. Section 202 was amended by the task forces were then set up to in
In view of the commitment of the Sec- addition of new paragraphs which make corporate the input from the tribes into retary to working with the Indian people clear that there is no obligation upon a a working set of uralt regulations and to achieve uniformity in the regulations tribe or tribal organization to apply for to develop issue or position papers out of the Departments implementing Pub. L. contracts under section 103 of the Act
FEDERAL REGISTER, VOL. 40, NO. 221-FRIDAY, NOVEMBER 14, 1975
and that the availability of other con- that if the contractor or any of his sub- Sec. tracting authority is not limited to or contractors are unable to fill its em
36.114 Applicability of 45 CFR Part 74. precluded by the existence of contract ployment openings with Indians, such
36.115 Recission of the Grants.
36.116 Reports. authority under section 103. openings may be filled with non-Indians
96.117 Amendment of Regulations. 8. Clarifying changes have been made subject to the conditions contained in
36.118 Etfect of Existing Rights. to the definitions of Indian Tribe, Trust the equal opportunity clause of the 36.119 Penalties. Resources, and Trust Responsibility in contract.
36.120 Use of Indian business concerns. section 36.204. These changes have the 15. Section 36.224 was revised to Indl- 36.121 Indian preference in training and added advantage of conforming to the cate that the special provisions, pro
employment. definitions used by the Bureau of Indian cedures and requirements applicable to APPENDIX: Minimum standards of construcAffairs. construction and architect-engineering
tion and equipment. 9. In response to comments that it was service contracts are set forth in 41 CFR Subpart H-Grants for Development, Conunclear upon whom the burden of proof 3-4.6008. That section not only covers struction, and Operations of Facilities rested to establish that a Self-Determi- applicability the Davis-Bacon Act of and Services nation contract proposal was deficient, a March 3, 1931, but also the other require- AUTHORITY: Secs. 104, 107, 25 U.S.C. 450h new sentence was added to paragraph ments unique to construction contracts.
(b). 450k; Sec. 3, Pub. L. 83-568, 42 USC 2003. (a) of $36.208 stating that the burden 16. A number of comments pointed out that 8 36.233, Assumption and Re
& 36.101 of proof to show cause for declination lies
Applicability. with the HEW approving ofcial. A clause assumption of Contract Programs, did The regulations of this subpart are apwas also added indicating that in evalu- not adequately protect the rights of the plicable to grants awarded pursuant to ating the contractor's proposal, the IHS contractor and was inconsistent with section 104(b) of Pub. L. 93-638, 25 will take into account the prevailing section 109 of the Act as suspension is not U.S.C. 450h(b) for (a) projects for dehealth program and professional stand- authorized. The portion of $36.233 as velopment including feasibility studies, ards of IHS in the location concerned. published on September 15, 1975, which construction, operation, provision, or
10. Section 36.211 has been restated related to suspension of contracts, was maintenance of services and facilities to make clear that the Director of the deleted because the Department, upon provided to Indians and, (b) for projects Indian Health Service is authorized to further consideration, agreed that sus
for planning, training. evaluation or approve applications for contracts under pension was not authorized by the other activities designed to improve the subpart I of the regulations. The Direc- statute. To clarify the substantive and capacity of a tribal organization to enter tor was delegated such authority, with
procedural rights of the contractor where into a contract or contracts pursuant to authority to redelegate to the Area and assumption or reassumption of the con- section 103 of the Act. Such grants may Program Directors with the approval of
tract is contemplated by the government, include the cost of training personnel to the Administrator, Health Services Ad- paragraphs c, d, and e were rewritten.
perform grant related activities. ministration, on September 15, 1975 (40
As revised. $36.233 provides that all FR 42591). It is the intention of the hearings will be on the record, will be
$36.102 Definitions. Director and the Administrator to effect
held before the Contract Appeals Board, As used in this Subpart: such delegations wherever practicable. and provides that where there is an im- (a) "Act" means Title I of the Indian
11. Section 36.212 is revised, as a result mediate threat to safety, the Board must, Self-Determination and Education Asof comments that the procedure during
within 25 days, notify the parties in writ- bistance Act, Pub. L. 93-638 (88 Stat review of a contract application was not
ing of its decision which will be con- 2203). lucid, by the addition of a provision for
sidered final. Where the hearing takes (b) "Indian" means a person who is a a meeting with representatives of the
place prior to assumption or reassump- member of an Indian tribe. tribal governing body and the contract tion, the Board makes a recommended (c) "Indian tribe" means any Indian applicant to resolve any declination is
decision which may be modified or re- tribe, band, nation, rancheria, Pueblo, sues and by a provision clarifying the vised by the Director of the Indian Health colony or community, including any tribal organization's right to an informal Service.
Alaska Native Village or regional or or formal hearing on the declination. These regulations Implement the Act, village corporation as defined in or estab12. The section on tribal appeals of
the wishes of the Indian people, and the lished pursuant to the Alaska Native declinations, $36.214, has been exten- intent of Congress. Accordingly, pursuant Claims Settlement Act. Pub. L. 92–203 sively revised to carefully delineate the to the authority of section 107 of the
(85 Stat. 688 which is recognized as substantive and procedural rights of the Indian Self-Determination Act, 25 U.S.C.
eligible by the United States Governtribal organizations. The new procedures 450k, and sections 3 of Pub. L. 83–568, 43 ment for the special programs and permit the tribal organization to opt for
U.S.C. 2003, Part 36 of Title 42 of the services provided by the United States an informal hearing or a formal hearing Code of Federal Regulations is amended
to Indians because of their status on the record. by the adoption of the following new sub
(d) "Tribal organization" means: 13. A new paragraph (d) is added to parts H and I. $36.216 to notify a tribal organization
(1) The recognized governing body of
Efective date. This regulation shall whose request for a waiver of federal
any Indian tribe; or become effective on November 14, 1975. contracting requirements has been de
(2) Any legally established organizanied of the reasons for the denial.
Approved : November 7, 1975.
tion of Indians which ts: 14. Sections 36.220 and 36.221 en
(1) Controlled, sanctioned or char
DAVID MATHEWS, titled respectively Use of Indian Busi
tered by such governing body or bodies;
Secretary. ness Concerns and Indian Preference in
or Training and Employment have been Subpart H_Grants for Development. Construc
(11) Democratically elected by the tion, and Operations of Facilities and Services altered by the adoption of language
adult members of the Indian community which is consistent with section 7(b) of Sec.
to be served by such organization and 36.101 Applicability. the Act, 25 U.S.C. 450e(b). The section
which includes the maximum participa36.102 Definitions, on use of Indian business concerns has
tion of Indians in all phases of its 36.103 Eligibility. been modified to add a requirement that
activities. 36.104 Application. the contractor comply with the prefer
(e) "Secretary" means the Secretary of 36.106 Project elementa. ence requirements regarding Indian busi- 36.106 Grant award and evaluation,
the Department of Health, Education, ness concerns established by the tribe 36.107 Use of project funds.
and Welfare and any other omicer or emconsistent with this section. Section 221, 36.108 Funding duration.
ployee of the Department of Health, EdIndian Preference in Training and Em36.109 Availability of appropriations.
ucation, and Welfare to whom the au36.110 Facilities construction. ployment, is altered to require that the
thority involved has been delegated. 36.111 Interest. contractor give preference in training
(1) "Grantee" means the tribe or tribal 36.112 Additional conditions. and employment to Indians regardless 36.113 Fair and uniform provision of serv
organization that receives a grant under of age, religion, or sex and to provide
section 104(b) of the Act and this sub
FEDERAL REGISTER, VOL. 40, NO. 221-FRIDAY, NOVEMBER 14, 1975
part and assumes the legal and finan- the type of contributions such as cash or (d) Utilize appropriate bookkeeping cial responsibility for the funds awarded services, loans of full or part-time staff, and accounting procedures and mechaand for the performance of the grant equipment, space materials or facilities, nisms to assure accountability for grant supported activity in accordance with the or other contributions.
funds and resources. Act and these regulations.
(9) Where health services are to be (e) Operate with the approval, sup(g) "Indian owned economic enter- provided, a description of the nature of port, and involvement of the tribe, tribes, prise" means any commercial, industrial, the services to be provided and the popu- or Indian communities in the area or business activity established or orga- lation to be served.
served by the local facility and program. nized for the purpose of profit which is (10) A description of the Federal prop- (f) Provide Indians, to the extent not less than 51 percent Indian owned. erty, real and personal, equipment, facili- feasible, opportunities for training and $36.103 Eligibility.
ties and personnel which applicant pro- employment in connection with the ad
poses to utilize and a description of the ministration of the project and also proAny Indian tribe or tribal organization
arrangements which applicant has made vide preference to Indians and Indian is eligible to apply for a grant under this or will make to assume responsibility for owned economic enterprises in the award subpart.
the operation and management of those of subcontracts in connection with the § 36.104 Application. facilities.
administration of the project.
(d) The application shall contain as- (g) Keep in force adequate liability (a) An application for a grant under surances satisfactory to the Secretary insurance in accordance with the apthis subpart shall be submitted to the that the applicant will:
proved application unless the Secretary, Secretary at such time and in such man- (1) Obtain adequate liability insurance for good cause shown, determined that ner as the Secretary may prescribe. coverage or an explanation of why such such insurance was not obtainable or ap
(b) The application shall be executed insurance cannot or should not be ob- propriate or has determined that such inby an individual or individuals author- tained. Such insurance shall provide that surance may be permitted to expire or ized to act for the applicant and to as- prior to cancellation the Secretary must lapse. sume on behalf of the applicant the be notified and must further provide (h) Perform the project in accordobligations imposed by the Act, the regu- that each such policy of insurance car- ance with the provisions of the Act and lations of this subpart and the terms and rier shall waive any right it may have to the regulations of this part. conditions of any grant award.
raise as a defense the tribe's sovereign (1) Provide services at a level and, (c) In addition to such other pertinent immunity from suit but such waiver shall range which is not less than that proinformation as the Secretary may re- extend only to claims the amount and vided by the Indian Health Service or qulre, the application for a grant under nature of which are within the coverage that identified by the Service as an apthis subpart shall contain the following: and limits of the policy and shall not propriate level, range, and standard of
(1) A description of the applicant in- authorize or empower such insurance care. cluding an indication whether the ap- carrier to waive or otherwise limit the plicant is a Tribe or tribal organization, tribe's sovereign immunity outside or be
$36.106 Crant award and cvaluation. and if the latter:
yond the coverage and limits of the pol- (a) Within the limits of funds deter(1) The legal and organizational rela- icy of insurance.
mined by the Secretary to be available tionship of the applicant to the Indians (2) Where applicant is providing sery- for such purpose, the Secretary may in the Area to be served or effected by ices, provide such services at a level and award grants under this subpart to apthe project.
range which is not less than that pro- plicants whose project will, in the judge (ii) A description of the current and vided by the Indian Health Service or ment of the Secretary, best promote the proposed participation of Indians in the that identified by the Service after ne- purposes of the Act, and the regulations activities of applicant.
gotiation with the applicant as an ap- of this subpart, taking into account: (II) Whether applicant is controlled, propriate level, range and standard of (1) The apparent capability of the apsanctioned or chartered by the governing care,
plicant to organize and manage the probody of the Indians to be served, and if (3 Where providing services, provide posed project successfully considering, so, evidence of such fact.
services in accordance with law and ap- among other things the adequacy of (lv) II elected, & description of the plicable Indian Health Service policies staff, management systems, equipment election process, voting criteria, and ex- and regulations.
and facilities. tent of voter participation in the elec- (4) Where providing services, provide (2) The soundness of the applicant's tion designating the organization.
services in a fair and uniform manner, plan for conducting the project and for (2) A narrative description of the proj- consistent with medical need, to all In- assuring effective utilization of grant ect including its goals and objectives dian people.
funds. and the manner in which the proposed
(3) The adequacy of the budget in project is compatible with published § 36.105 Project elements.
relation to the scope of the project and Indian Health Service statements of A project supported under this sub- available funds. availability of funds, the manner in part must:
(4) The relative effectiveness of the which those goals and objectives are to (a) Have sufficient, adequately trained applicant's plan, as set forth in the apbe attained, and a work and time sched- staff in relation to the scope of the plication, to carry out each of the reule which will be utilized to accomplish project.
quirements $ 36.105. each goal and objective.
(b) Maintain a mechanism for dealing
(5) The compatibility of the proposed (3) A description of applicant's staff, with complaints regarding the delivery project with the published goals and represent or proposed, including their qual- of health services or performance of sponsibilities of the IHS in carrying out ifications, academic training, responsi- project activities.
its statutory mission. bilities and functions.
(c) Hold confidential all information
(b) All grant awards shall be in writ(4) A description of the manner in obtained by the personnel of the project ing, shall set forth the amount of funds which the staff is or will be organized and from participants in the project related granted, and the period for which supsupervised to carry out proposed activi- to their examination, care, and treat
port is provided. ties. ment, and shall not release such infor
(C) Neither the approval of any proj(5) A description of training to be mation without the individuals' consent
ect nor any grant award shall commit provided as part of the proposed projecte except as may be required by law, as may the United States in any way to make
(6) A description of the administrative, be necessary to provide service to the in- additional, supplemental, continuation managerial, and organizational arrange- dividual, or as may be necessary to mont- or other awards with respect to any apments and resources to be utilized to conduct the proposed project.
tor the operations of this program or proved project or portion thereof, (7) A budget for the entire period of otherwise protect the public health. In- & 36.107 Use of Project Funds. the project for which support is sought. formation may be disclosed in a form
(2) Any funds granted pursuant to (8) The intended fnancial participa- which does not identify particular indi- this subpart shall be expended solely for tion, if any, of the applicant, specifying viduals,
carrying out the approved project in ac
FEDERAL REGISTER, VOL. 40, NO. 221-FRIDAY, NOVEMBER 14, 1975
cordance with section 104(b) of the that such approval shall include a de- petent and adequate architectural and Act, the regulations of this subpart, and termination by the Secretary that the engineering supervision and inspection the terms and conditions of award. final plans and specifications conform at the construction site to insure that
Ab) The provisions of any other Act to the minimum standards of construc- the completed work conform to the plans notwithstanding, any funds made avall- tion and equipment as set forth in Ap- and specifications. able to a tribal organization under grants pendix A of this subpart.
(8) Authorized uses. That the facility pursuant to section 104(b) of the Act (1) That all contracting for con- is intended and will be used only for the may be used as matching shares for any struction (including the purchase and purposes for which the application has other Federal grant programs which con- installation of built-in equipment) shall, been made. tribute to the purposes for which grants except as provided in paragraph (b) (2) (9) Wage rate standards. That all under this section are made.
(1) of this section or as provided in the laborers and mechanics employed by con
regulations of this subpart or the Act be tractors or subcontractors in the con& 36.108 Funding duration.
on a lump sum fixed-price basis, and con- struction, alteration, or repair, includThe amount of any award shall be tract will be awarded on the basis of ing painting or decorating of building determined by the Secretary on the basis competitive bidding obtained by public or other facilities in connection with of his estimate of the sum necessary for advertising with award of the contract contracts or grants entered into pursuproject costs and the availability of funds. to the lowest responsive and responsible ant to the Act, shall be paid wages at $36.109 Availability of appropriations.
bidder. The giving of preference to local not less than those prevailing on similar
contractors or suppliers over non-local construction in the locality, as deterThe Secretary will from time to time
contractors or suppliers, except as other- mined by the Secretary of Labor in acpublish a notice in the FEDERAL REGISTER
wise provided in these regulations is not cordance with the Davis-Bacon Act of indicating by areas the allotment of authorized
March 3, 1931, as amended. funds and categories of activities for (iii) A substitute bidding procedure of (10) Accessibility by handicapped which awards may be made under this
selective solicitation with response from that the applicant shall require the Subpart. The Secretary may revise such
three or more bidders may be used if: facility to be designed to comply with allotments and categories from time to
(A) The applicant requests and justi- the "American Standard Specifications time and will promptly publish a notice fies the use of the procedure:
for Making Buildings and Facilities Ac. of such revisions in the FEDERAL REGISTER.
(B) The procedure is not inconsistent cessible to, and Usable by, the Physically $36.110 Facilities construction.
with applicable State or local laws, and Handicapped." Number A 117.1--1961 as In addition to other requirements of
(C) The Secretary determines that it modified by other standards prescribed
is necessary to limit bidding to con- by the Secretary. this subpart:
tractors of proven competence due to the (11) Minimum standards of construc(a) An applicant for a construction
complexity or specialty of the project tion and equipment. That the plans and grant to build, renovate, modernize, or
or that the time element is of primary specifications for the project will conremodel a hospital, clinic, health station
consideration. When this bidding proce- form to the minimum standards of conor quarters for housing personnel asso
dure is used the applicant shall establish struction and equipment as set forth in ciated with such facilities, must in its
reasonable bid prequalification stand- Appendix A of this subpart. application:
ards for contractors. The applicant shall (12) Construction contract require(1) Provide its assessment of the en
then accept and consider bids from any vironmental impact of the project as
ments. That the following conditions and contractor who requests permission to provisions must be included in all concalled for by section 102(2) (c) of the Na
bid and who is determined by applicant struction contracts let by grantee: tional Environmental Policy Act of 1969
to meet these prequalification standards. (42 U.S.C, 4332(c)),
(1) The provisions set forth in "DHEW Adequate time shall be allowed for con(2) Furnish its evaluation of the proj
Requirements for Federally Assisted Contractors to prepare bids, and award of struction Contracts Regarding Labor ect site in accordance with the terms
construction contracts shall be made to and conditions of E.O. 11296, 31 FR 10663
Standards and Equal Employment Opthe lowest qualified and responsible (August 10, 1966) relating to the evalua
portunities," Form DHEW 514 (latest tion of flood hazards in locating federally bidder whose bid is considered fully re
edition) (issued by the Office of Grants sponsive to the bid invitation. owned or financed facilities.
(3) Approval of estimated cost. That partment of Health, Education, and Wel.
Administration Policy, United States De(b) Each applicant for construction grant to build, renovate, modernize, or the applicant will enter into no con
fare) pertaining to the Davis-Bacon Act, struction contract or contracts with reremodel a hospital, clinic, health station
the Contract Work Hours and Safety spect to the project or any portion or quarters for housing personnel as
Standards Act, and the Copeland Act thereof where the cost exceeds the sociated with such facilities, in addition
(Anti-Kickback) Regulations, except in to any other requirements imposed by estimates in the application for such
the case of contracts in the amount of work without prior approval of the $2,000 or less; and pertaining to Executhe Act or determined by the Secretary
Secretary to be reasonably necessary with respect
tive Order 11246, 30 FR 12319 (Septem
(4) Relocation assistance. That in the to particular projects to fulfil the purcase of an applicant with an approved nondiscrimination in construction con
ber 24, 1965), as amended, relating to pose of the grant, shall be subject to the condition that the applicant shall fur
project which involves the displacement
tract employment, except in the case of nish and comply with the following as
erty has or will be taken, the applicant less: Provided, however, That nothing resurances : (1) Title. That applicant has a fee will comply with the provisions of the
quired herein shall be in contravention of Uniform Relocation Assistance and Real simple or such other estate or interest
the requirements of section 7 of Pub. L. in the site for construction, including Property Acquisition Policies Act of 1970
93-638, 25 U.S.C. 450e. (42 U.S.C. 4601 and applicable regunecessary easements and rights-of-way, lations issued
(11) The contractor shall furnish per
thereunder. (45 CFR sufficient to assure for a period of not less
formance and payment bonds, each of than the estimated useful life of the Part 15)
which shall be in the full amount of the facility undisturbed use and possession
(5) Completion responsibility. The applicant will construct the project, or
contract price, and shall maintain, durfor the purpose of the construction and cause it to be constructed, to final com
ing the life of the contract, adequate fire, operation of the facility: Provided, how
workmen's compensation, public liability, evet, That where the construction 18 to pletion in accordance with the grant ap
and property damage insurance: Protake place on land owned by the United plication and the plans and specifications. vided, however, That in the case of an States, applicant need not comply with
(6) Progress reports. That applicant Indian tribe or tribal organization enthis provision.
shall furnish progress reports and such tering into a construction contract of (2) Competitive bids (1) That the other information as the Secretary may less than $100,000, State or local proviapproval of the Secretary shall be ob- require.
sions with respect to performance and tained before the project is advertised (7) Construction supervision. That ap- payment bonds shall be deemed to meet or placed on the market for bidding and plicant shall provide and maintain com- the requirements of this paragraph.
FEDERAL REGISTER, VOL. 40, NO. 221-FRIDAY, NOVEMBER 14, 1975