Page images
PDF
EPUB
[merged small][merged small][graphic][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][graphic][merged small][merged small][merged small]

53142

Title 42-Public Health CHAPTER DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE

PART 36-INDIAN HEALTH Subpart H-Grants for Development, Construction, and Operations of Facilities and Services

Subpart I-Contracts Under the Indian
Self-Determination Act

RULES AND REGULATIONS

lining areas of potential conflict in order to avoid or diminish such conflict.

A second set of draft regulations was then sent out to the field and in late May and June the IHS and BIA teams again set forth to meet with the Indian people. To preserve continuity, the meetings were held, whenever possible, in the same place with the same teams making the presentations.

The resulting input received from the tribe and field offices was again reviewed and incorporated into a set of draft regulations which were submitted to the appropriate Congressional Committees on August 4. An Advance Notice of Proposed Rulemaking was published in the FEDERAL REGISTER on August 14, to give the Indian people yet another opportu

On August 14, 1975, an advance notice of proposed rulemaking was published in the FEDERAL REGISTER (40 FR 34292) advising of the intention of the Secretary of Health, Education, and Welfare to propose rules governing grants and contracts pursuant to sections 103 and 104 (b) of the Indian Self-Determination and Education Assistance Act, Pub. Lnity to review the proposed regulations, 93-638. Public comments was invited. On September 15, 1975, the Secretary published in the FEDERAL REGISTER (40 FR 42658) a Notice of Proposed Rulemaking setting forth for public comment the rules and regulations which, when adopted, would govern grants and contracts pursuant to the Indian Self-Determination and Education Assistance

Act.

Title I of the Pub. L. 93-638 directs the Secretary of Health, Education, and Welfare to enter into contracts with tribal organizations pursuant to section 103 of the Act to carry out any or all of the Secretary's functions, authorities, and responsibilities under the Act of August 5, 1954 (68 Stat. 674), 42 U.S.C. 2001, as amended, and authorizes the Secretary to make grants to Indian tribes or tribal organizations pursuant to section 104(b) of the Act for the development, construction, operation, provision or maintenance of facilities or services and for planning, training, and evalua tion projects to improve the capacity of tribal organizations to contract. In the true spirit of self-determination, the Department of Health, Education, and Welfare through the Indian Health Service has taken extraordinary measures to seek and include the recommendations of the Indian people in the drafting of the regulations needed to implement this Act Numerous meetings were held with the Bureau of Indian Affairs and the Civil Service Commission regarding similar obligations under the Act, recognizing the need for a set of regulations that would

be as similar and as applicable as possible to both IHS and BIA. Strategy meetings were held in early January and February, resulting in a plan for conducting extensive field orientations and working consultations with the tribes. These were designed to solicit recommendations on a continuing basis at every stage of preparing the regulations for publication. An initial draft of implementation regulations was drawn up and sent to the tribes and field offices for review. During March and April, IHS and BIA sent teams to 15 strategic locations to discuss the draft regulations with Indian leaders and people and record their recommendations. Workshops and task forces were then set up to mmcorporate the input from the tribes into a working set of draft regulations and to develop issue or position papers out

and the Notice of Proposed Rulemaking was published on September 15. At all stages of development of the regulations particular effort was made to respond to the recommendations made by the Indian people. While there has been a significant amount of cooperation between the staff of the Indian Health Service and that of the Bureau of Indian Affairs, the regulations issued by the respective Department are not sufficiently similar. This has resulted from different draftsmen working within different organizations, each striving to produce an endproduct in keeping with their respective standards. It is now realized that what is needed is uniformity wherever possible, that is, in every situation where programmatic differences do not require that distinctions be made. This need for uniform language and organization is of great importance because the Indian tribes seeking to benefit from the Act should not be burdened with the problem of reading different texts to derive basically the same information about closely related problems, nor should they have to trace cross-referenced material where this could be avoided. Accordingly, representatives of this Department will meet with representatives of the Bureau of Indian Affairs in an effort to achieve maximum uniformity in the regulations of the two agencies. Thus, even as these regulations are promulgated, it is anticipated that a major revision of these regulations is in order.

While the Department is committed to such an undertaking, the comments received from the public in response to the September 15, 1975, Notice of Proposed Rulemaking have been carefully considered in promulgating these regulations. Comments from over 25 different sources were received. In general, the comments suggested the need for greater similarity with the regulations of the Bureau of Indian Affairs, the need to eliminate unnecessary cross-referencing to other statutes or regulations, the need for more procedural safeguards for Indian people, and the need for assurance that the input of Indian people will be considered in the Secretary's decisions affecting Indian people.

In view of the commitment of the Secretary to working with the Indian people to achieve uniformity in the regulations of the Departments implementing Pub. L.

93-638, some changes in the regulations have been made to conform to the provisions in the BIA regulations. Some changes have been made to improve style, to clarify meaning and to reflect generally applicable Departmental policy. The changes in style, clarity, and organizational structure are apparent from the text and are not specifically discussed below. The cross references contained in the proposed regulations have not been deleted as it is anticipated that this is an issue which will be taken up with representatives of the tribes and BIA. Other specific comments are addressed below. SUBPART H-GRANTS

1. It was suggested that the word "non-profit" be deleted from the definition of tribal organization because the statute did not contain such a limitation. We agree and have, accordingly, deleted the term from 36.102(d). This change was made as the concept of a grant does not, by its nature, include a profit element. The fact that the grantee is a forprofit organization does not change the nature of a grant which does not include a profit element.

2. One commentator suggested that consultation with Indians be required prior to publishing a notice of availability of funds as required by § 36.109. This suggestion was not adopted because consultation is currently part of the normal budget process and because the allocation of funds reflects Congressional action in the appropriation process.

3. While 36.114 makes applicable the uniform administrative requirements and cost principles of 45 CFR Part 74, a provision was added to § 36.114 to make clear that such requirements apply only to the extent that they are consistent with the regulations of this subpart.

4. The portion of $36.115 which related to suspension of grants was deleted because the Department, upon further consideration, agreed with comments pointing out that suspension was not authorized by the statute. Section 36.115 (d) has been revised to clarify the appeal procedures and the rights of the grantee where a recision is based on an immediate threat to safety.

5. Two new §§ 36.120 and 36.121 entitled respectively Use of Indian business concerns and Indian preference in training and employment, have been added to subpart H to give effect to section 7(b) of the Act, 25 U.S.C. 450e(b).

SUBPART I-CONTRACTS

6. A number of comments noted that it did not appear from the text of the regulations that the Secretary was committed to fully implementing the Act notwithstanding the Secretary's statements in the preamble to the September 15, 1975, regulations. In order to dispel any doubt about the Secretary's commitment to carry out the intent of the Act, a new paragraph entitled Policy was added to section 36.201.

7. Section 202 was amended by the addition of new paragraphs which make clear that there is no obligation upon a tribe or tribal organization to apply for contracts under section 103 of the Act

FEDERAL REGISTER, VOL. 40, NO. 221-FRIDAY, NOVEMBER 14, 1975

1

and that the availability of other contracting authority is not limited to or precluded by the existence of contract authority under section 103.

8. Clarifying changes have been made to the definitions of Indian Tribe, Trust Resources, and Trust Responsibility in section 36.204. These changes have the added advantage of conforming to the definitions used by the Bureau of Indian Affairs.

9. In response to comments that it was unclear upon whom the burden of proof rested to establish that a Self-Determination contract proposal was deficient, a new sentence was added to paragraph (a) of $36.208 stating that the burden of proof to show cause for declination lies with the HEW approving official. A clause was also added indicating that in evaluating the contractor's proposal, the IHS will take into account the prevailing health program and professional standards of IHS in the location concerned.

10. Section 36.211 has been restated to make clear that the Director of the Indian Health Service is authorized to approve applications for contracts under subpart I of the regulations. The Director was delegated such authority, with authority to redelegate to the Area and Program Directors with the approval of the Administrator, Health Services Administration, on September 15, 1975 (40 FR 42591). It is the intention of the Director and the Administrator to effect such delegations wherever practicable.

11. Section 36.212 is revised, as a result

of comments that the procedure during review of a contract application was not lucid, by the addition of a provision for a meeting with representatives of the tribal governing body and the contract applicant to resolve any declination issues and by a provision clarifying the tribal organization's right to an informal or formal hearing on the declination.

12. The section on tribal appeals of declinations, § 36.214, has been extensively revised to carefully delineate the substantive and procedural rights of the tribal organizations. The new procedures permit the tribal organization to opt for an informal hearing or a formal hearing

on the record.

13. A new paragraph (d) is added to 36.216 to notify a tribal organization whose request for a waiver of federal contracting requirements has been denied of the reasons for the denial.

14. Sections 36.220 and 36.221 entitled respectively Use of Indian Business Concerns and Indian Preference in Training and Employment have been altered by the adoption of language which is consistent with section 7(b) of the Act, 25 U.S.C. 450e (b). The section on use of Indian business concerns has been modified to add a requirement that the contractor comply with the preference requirements regarding Indian business concerns established by the tribe consistent with this section. Section 221, Indian Preference in Training and Employment, is altered to require that the contractor give preference in training and employment to Indians regardless of age, religion, or sex and to provide

RULES AND REGULATIONS

that if the contractor or any of his subcontractors are unable to fill its employment openings with Indians, such openings may be filled with non-Indians subject to the conditions contained in the equal opportunity clause of the

contract.

15. Section 36.224 was revised to indicate that the special provisions, procedures and requirements applicable to construction and architect-engineering service contracts are set forth in 41 CFR 3-4.6008. That section not only covers applicability the Davis-Bacon Act of March 3, 1931, but also the other requirements unique to construction contracts.

16. A number of comments pointed out that 36.233, Assumption and Reassumption of Contract Programs, did not adequately protect the rights of the contractor and was inconsistent with section 109 of the Act as suspension is not authorized. The portion of 36.233 as published on September 15, 1975, which related to suspension of contracts, was deleted because the Department, upon further consideration, agreed that suspension

was not authorized by the statute. To clarify the substantive and procedural rights of the contractor where assumption or reassumption of the contract is contemplated by the government, paragraphs c, d, and e were rewritten. As revised, 36.233 provides that all hearings will be on the record, will be held before the Contract Appeals Board, and provides that where there is an immediate threat to safety, the Board must, within 25 days, notify the parties in writing of its decision which will be considered final. Where the hearing takes place prior to assumption or reassumption, the Board makes a recommended

decision which may be modified or revised by the Director of the Indian Health

Service.

[blocks in formation]
[blocks in formation]

36.116

Reports.

36.117

36.118

36.119 36.120

Amendment of Regulations.
Effect of Existing Rights.
Penalties.

Use of Indian business concerns. 36.121 Indian preference in training and employment.

APPENDIX: Minimum standards of construction and equipment.

Subpart H-Grants for Development, Construction, and Operations of Facilities and Services

AUTHORITY: Secs. 104, 107, 25 US.C. 450h (b), 450k; Sec. 3, Pub. L. 83-568, 42 USC 2003. § 36.101 Applicability.

The regulations of this subpart are applicable to grants awarded pursuant to section 104(b) of Pub. L. 93-638, 25 U.S.C. 450h (b) for (a) projects for development including feasibility studies, construction, operation, provision, or maintenance of services and facilities provided to Indians and, (b) for projects for planning, training, evaluation or other activities designed to improve the capacity of a tribal organization to enter into a contract or contracts pursuant to section 103 of the Act. Such grants may include the cost of training personnel to perform grant related activities.

$ 36.102 Definitions.

As used in this Subpart:

(a) "Act" means Title I of the Indian Self-Determination and Education Assistance Act, Pub. L. 93-638 (88 Stat.

2203).

(b) "Indian" means a person who is a member of an Indian tribe.

(c) "Indian tribe" means any Indian tribe, band, nation, rancheria, Pueblo, colony or community, including any Alaska Native Village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, Pub. L. 92-203 (85 Stat. 688` which is recognized as eligible by the United States Government for the special programs and services provided by the United States to Indians because of their status as Indians.

(d) "Tribal organization" means: (1) The recognized governing body of any Indian tribe; or

(2) Any legally established organization of Indians which is:

(1) Controlled, sanctioned or chartered by such governing body or bodies;

or

(1) Democratically elected by the adult members of the Indian community to be served by such organization and which includes the maximum participation of Indians in all phases of its activities.

(e) "Secretary" means the Secretary of the Department of Health, Education, and Welfare and any other officer or employee of the Department of Health, Education, and Welfare to whom the authority involved has been delegated.

(1) "Grantee" means the tribe or tribal organization that receives a grant under section 104(b) of the Act and this sub

FEDERAL REGISTER, VOL. 40, NO. 221-FRIDAY, NOVEMBER 14, 1975

[blocks in formation]

Any Indian tribe or tribal organization is eligible to apply for a grant under this subpart.

§ 36.104 Application.

(a) An application for a grant under this subpart shall be submitted to the Secretary at such time and in such manner as the Secretary may prescribe.

(b) The application shall be executed by an individual or individuals authorized to act for the applicant and to assume on behalf of the applicant the obligations imposed by the Act, the regulations of this subpart and the terms and conditions of any grant award.

(c) In addition to such other pertinent information as the Secretary may require, the application for a grant under this subpart shall contain the following:

(1) A description of the applicant including an indication whether the applicant is a Tribe or tribal organization, and if the latter:

(1) The legal and organizational relationship of the applicant to the Indians in the Area to be served or effected by the project.

(ii) A description of the current and proposed participation of Indians in the activities of applicant.

(11) Whether applicant is controlled, sanctioned or chartered by the governing body of the Indians to be served, and if so, evidence of such fact

(lv) If elected, a description of the election process, voting criteria, and extent of voter participation in the election designating the organization.

(2) A narrative description of the project including its goals and objectives and the manner in which the proposed project is compatible with published Indian Health Service statements of availability of funds, the manner in which those goals and objectives are to be attained, and a work and time schedule which will be utilized to accomplish each goal and objective.

(3) A description of applicant's staff, present or proposed, including their qualifications, academic training, responsibilities and functions.

(4) A description of the manner in which the staff is or will be organized and supervised to carry out proposed activi

ties.

(5) A description of training to be provided as part of the proposed project.

(6) A description of the administrative, managerial, and organizational arrangements and resources to be utilized to conduct the proposed project.

(7) A budget for the entire period of the project for which support is sought. (8) The intended financial participation, if any, of the applicant, specifying

RULES AND REGULATIONS

the type of contributions such as cash or services, loans of full or part-time staff, equipment, space materials or facilities, or other contributions.

(9) Where health services are to be provided, a description of the nature of the services to be provided and the population to be served.

(10) A description of the Federal property, real and personal, equipment, facilities and personnel which applicant proposes to utilize and a description of the arrangements which applicant has made or will make to assume responsibility for the operation and management of those facilities.

(d) The application shall contain assurances satisfactory to the Secretary that the applicant will:

(1) Obtain adequate liability insurance coverage or an explanation of why such insurance cannot or should not be obtained. Such insurance shall provide that prior to cancellation the Secretary must be notified and must further provide that each such policy of insurance carrier shall waive any right it may have to raise as a defense the tribe's sovereign immunity from suit but such waiver shall extend only to claims the amount and nature of which are within the coverage and limits of the policy and shall not authorize or empower such insurance carrier to waive or otherwise limit the tribe's sovereign immunity outside or beyond the coverage and limits of the policy of insurance.

(2) Where applicant is providing servIces, provide such services at a level and range which is not less than that provided by the Indian Health Service or that identified by the Service after negotiation with the applicant as an appropriate level, range and standard of

care,

(3) Where providing services, provide services in accordance with law and applicable Indian Health Service policies and regulations.

(4) Where providing services, provide services in a fair and uniform manner, consistent with medical need, to all Indian people.

§36.105 Project elements.

A project supported under this subpart must:

(a) Have sufficient, adequately trained staff in relation to the scope of the project.

(b) Maintain a mechanism for dealing with complaints regarding the delivery of health services or performance of project activities.

(c) Hold confidential all information obtained by the personnel of the project from participants in the project related to their examination, care, and treatment, and shall not release such information without the individuals' consent except as may be required by law, as may be necessary to provide service to the individual, or as may be necessary to monitor the operations of this program or otherwise protect the public health. Information may be disclosed in a form which does not identify particular individuals.

(d) Utilize appropriate bookkeeping and accounting procedures and mechanisms to assure accountability for grant funds and resources.

(e) Operate with the approval, support, and involvement of the tribe, tribes, or Indian communities in the area served by the local facility and program.

(f) Provide Indians, to the extent feasible, opportunities for training and employment in connection with the administration of the project and also provide preference to Indians and Indian owned economic enterprises in the award of subcontracts in connection with the administration of the project.

(g) Keep in force adequate liability insurance in accordance with the approved application unless the Secretary, for good cause shown, determined that such insurance was not obtainable or appropriate or has determined that such insurance may be permitted to expire or lapse.

(h) Perform the project in accordance with the provisions of the Act and the regulations of this part.

(1) Provide services at a level and, range which is not less than that provided by the Indian Health Service or that identified by the Service as an appropriate level, range, and standard of

care.

§ 36.106

Grant award and evaluation.

(a) Within the limits of funds determined by the Secretary to be available for such purpose, the Secretary may award grants under this subpart to applicants whose project will, in the judgment of the Secretary, best promote the purposes of the Act, and the regulations of this subpart, taking into account:

(1) The apparent capability of the applicant to organize and manage the proposed project successfully considering, among other things the adequacy of staff, management systems, equipment and facilities.

(2) The soundness of the applicant's plan for conducting the project and for assuring effective utilization of grant funds.

(3) The adequacy of the budget in relation to the scope of the project and available funds.

(4) The relative effectiveness of the applicant's plan, as set forth in the application, to carry out each of the requirements § 36.105.

(5) The compatibility of the proposed project with the published goals and responsibilities of the IHS in carrying out its statutory mission.

(b) All grant awards shall be in writing, shall set forth the amount of funds granted, and the period for which support is provided.

(c) Neither the approval of any project nor any grant award shall commit the United States in any way to make additional, supplemental, continuation or other awards with respect to any approved project or portion thereof. § 36.107 Use of Project Funds.

(a) Any funds granted pursuant to this subpart shall be expended solely for carrying out the approved project in ac

FEDERAL REGISTER, VOL. 40, NO. 221-FRIDAY, NOVEMBER 14, 1975

cordance with section 104(b) of the Act, the regulations of this subpart, and the terms and conditions of award.

b) The provisions of any other Act notwithstanding, any funds made available to a tribal organization under grants pursuant to section 104(b) of the Act may be used as matching shares for any other Federal grant programs which contribute to the purposes for which grants under this section are made.

§ 36.108 Funding duration.

The amount of any award shall be determined by the Secretary on the basis of his estimate of the sum necessary for project costs and the availability of funds. §36.109 Availability of appropriations.

The Secretary will from time to time publish a notice in the FEDERAL REGISTER indicating by areas the allotment of funds and categories of activities for which awards may be made under this Subpart. The Secretary may revise such allotments and categories from time to time and will promptly publish a notice of such revisions in the FEDERAL REGISTER. § 36.110 Facilities construction.

In addition to other requirements of this subpart:

(a) An applicant for a construction grant to build, renovate, modernize, or remodel a hospital, clinic, health station or quarters for housing personnel associated with such facilities, must in its application:

(1) Provide its assessment of the environmental impact of the project as called for by section 102(2) (c) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(c)).

(2) Furnish its evaluation of the project site in accordance with the terms and conditions of E.O. 11296, 31 FR 10663 (August 10, 1966) relating to the evaluation of flood hazards in locating federally owned or financed facilities.

(b) Each applicant for construction grant to build, renovate, modernize, or remodel a hospital, clinic, health station or quarters for housing personnel associated with such facilities, in addition to any other requirements imposed by the Act or determined by the Secretary to be reasonably necessary with respect to particular projects to fulfill the purpose of the grant, shall be subject to the condition that the applicant shall furnish and comply with the following assurances:

(1) Title. That applicant has a fee simple or such other estate or interest in the site for construction, including necessary easements and rights-of-way, sufficient to assure for a period of not less than the estimated useful life of the facility undisturbed use and possession for the purpose of the construction and operation of the facility: Provided, however, That where the construction is to

RULES AND REGULATIONS

that such approval shall include a de-
termination by the Secretary that the
final plans and specifications conform
to the minimum standards of construc-
tion and equipment as set forth in Ap-
pendix A of this subpart.

(ii) That all contracting for con-
struction (including the purchase and
installation of built-in equipment) shall,
except as provided in paragraph (b) (2)
(ii) of this section or as provided in the
regulations of this subpart or the Act be
on a lump sum fixed-price basis, and con-
tract will be awarded on the basis of
competitive bidding obtained by public
advertising with award of the contract
to the lowest responsive and responsible
bidder. The giving of preference to local
contractors or suppliers over non-local
contractors or suppliers, except as other-
wise provided in these regulations is not
authorized.

(iii) A substitute bidding procedure of selective solicitation with response from three or more bidders may be used if:

(A) The applicant requests and justifies the use of the procedure;

(B) The procedure is not inconsistent
with applicable State or local laws; and
(C) The Secretary determines that it
is necessary to limit bidding to con-
tractors of proven competence due to the
complexity or specialty of the project
or that the time element is of primary
consideration. When this bidding proce-
dure is used the applicant shall establish
reasonable bid prequalification stand-
ards for contractors. The applicant shall
then accept and consider bids from any
contractor who requests permission to
bid and who is determined by applicant
to meet these prequalification standards.
Adequate time shall be allowed for con-
tractors to prepare bids, and award of
construction contracts shall be made to

the lowest qualified and responsible
bidder whose bid is considered fully re-
sponsive to the bid invitation.

(3) Approval of estimated cost. That
the applicant will enter into no con-
struction contract or contracts with re-
spect to the project or any portion
thereof where the cost exceeds the
estimates in the application for such
work, without prior approval of the
Secretary.

(4) Relocation assistance. That in the case of an applicant with an approved project which involves the displacement of persons or businesses 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 (42 U.S.C. 4601 and applicable regulations issued thereunder. (45 CFR Part 15).

(5) Completion responsibility. The applicant will construct the project, or cause it to be constructed, to final completion in accordance with the grant ap

53145

petent and adequate architectural and engineering supervision and inspection at the construction site to insure that the completed work conform to the plans and specifications.

(8) Authorized uses. That the facility is intended and will be used only for the purposes for which the application has been made.

(9) Wage rate standards. That all laborers and mechanics employed by contractors or subcontractors in the construction, alteration, or repair, including painting or decorating of building or other facilities in connection with contracts or grants entered into pursuant to the Act, shall be paid wages at not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with the Davis-Bacon Act of March 3, 1931, as amended.

(10) Accessibility by handicapped. That the applicant shall require the facility to be designed to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped," Number A 117.1-1961 as modified by other standards prescribed by the Secretary.

(11) Minimum standards of construction and equipment. That the plans and specifications for the project will conform to the minimum standards of construction and equipment as set forth in Appendix A of this subpart.

(12) Construction contract requirements. That the following conditions and provisions must be included in all construction contracts let by grantee:

(1) The provisions set forth in "DHEW Requirements for Federally Assisted Construction Contracts Regarding Labor portunities," Form DHEW 514 (latest Standards and Equal Employment Op

edition) (issued by the Office of Grants Administration Policy, United States Department of Health, Education, and Welfare) pertaining to the Davis-Bacon Act, the Contract Work Hours and Safety Standards Act, and the Copeland Act (Anti-Kickback) Regulations, except in the case of contracts in the amount of $2,000 or less; and pertaining to Executive Order 11246, 30 FR 12319 (Septemnondiscrimination in construction conber 24, 1965), as amended, relating to tract employment, except in the case of less: Provided, however, That nothing recontracts in the amount of $10.000 or quired herein shall be in contravention of the requirements of section 7 of Pub. L. 93-638, 25 U.S.C. 450e.

(ii) The contractor shall furnish performance and payment bonds, each of which shall be in the full amount of the contract price, and shall maintain, during the life of the contract, adequate fire, workmen's compensation, public liability. and property damage insurance: ProIndian tribe or tribal organization entering into a construction contract of less than $100,000, State or local provisions with respect to performance and payment bonds shall be deemed to meet the requirements of this paragraph.

take 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 this provision.

(2) Competitive bids. (1) That the approval of the Secretary shall be obtained before the project is advertised or placed on the market for bidding and

(6) Progress reports. That applicant shall furnish progress reports and such other information as the Secretary may require.

(7) Construction supervision. That applicant shall provide and maintain com

FEDERAL REGISTER, VOL. 40, NO. 221-FRIDAY, NOVEMBER 14, 1975

« PreviousContinue »