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.

These regulations implement the Act, the wishes of the Indian people, and the intent of Congress. Accordingly, pursuant to the authority of section 107 of the Indian Self-Determination Act, 25 U.S.C. 450k, and sections 3 of Pub. L. 83-568, 42 U.S.C. 2003, Part 36 of Title 42 of the Code of Federal Regulations is amended by the adoption of the following new subparts H and L

Effective date. This regulation shall become effective on November 14, 1975. Approved: November 7, 1975.

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 USC. 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. 6881 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

(i) 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.

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

(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.

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

(1) 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, respons!bilities and functions.

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

(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 mon!tor 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.

(i) 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 writ-. ing, 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

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 determination by the Secretary that the final plans and specifications conform to the minimum standards of construction and equipment as set forth in Appendix A of this subpart

(i) That all contracting for construction (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 contract 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 otherwise 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 contractors of proven competence due to the complexity or specialty of the project or that the time element is of primary consideration. When this bidding procedure is used the applicant shall establish reasonable bid prequalification standards 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 contractors to prepare bids, and award of construction contracts shall be made to the lowest qualified and responsible bidder whose bid is considered fully responsive to the bid invitation.

(3) Approval of estimated cost. That the applicant will enter into no construction 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 prop erty 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 com

pletion in accordance with the grant ap

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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 Standards and Equal Employment Opportunities." Form DHEW 514 (latest edition) (issued by the Office of Grants Administration Policy, United States De

partment 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 contracts in the amount of $10,000 or less: Provided, however, That nothing required herein shall be in contravention of the requirements of section 7 of Pub. L. 93-638, 25 U.S.C. 450e.

(1) 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. and property damage insurance: Proworkmen's compensation, public liability. Indian tribe or tribal organization en

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

tering 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.

Services provided pursuant to a grant under this subpart shall be provided by the Grantee in a fair and uniform manner to all participants in the project consistent with their medical need, the policles and regulations of the Indian Health Service, and the Act.

§ 36.114 Applicability of 45 CFR Part 74.

The following provisions of 45 CFR Part 74, establishing uniform administrative requirements and cost principles shall apply to all awards under this subpart to the extent they are consistent with this subpart:

(a) Subpart A "General", except that for purposes of this subpart the definition of "local government" in 3 74.3 shall also include Indian tribes and tribal organizations.

(b) Subpart B, "Cash Depositories". (c) Subpart C, "Bonding and Insurance" except as otherwise specifically provided in this subpart.

(d) Subpart D, "Retention and Custodial Requirements for Records".

(e) Subpart F. "Grant-Related Income", except for § 74.42.

(f) Subpart H. "Standards for Grantee and Subgrantee Financial Management Systems".

(g) Subpart I, "Financial Reporting Requirements".

(h) Subpart J. "Monitoring and Reporting of Program Performance".

(1) Subpart K, "Grant Payment Requirements", except that the references in 74.94 to $74.113 shall be deemed to be references to § 36.115 of this subpart.

(1) Subpart L, "Budget Revision Procedures".

(k) Sections 74.110 and 74.111 of Subpart M, "Grant Closeout, Suspension, and Termination".

(1) Subpart N, "Forms for Applying

for Grants".

(m) Subpart O, "Property".

(n) Subpart P, "Procurement Standards" provided, however, that to the greatest extent feasible preferences and opportunities for training and employment in connection with the administration of grants and contracts pursuant to this Act shall be awarded to Indians

RULES AND REGULATIONS

and preference in the award of subcontracts and subgrants in connection with the administration of grants and contracts pursuant to this Act shall be given to Indian Organizations and Indianowned economic enterprises.

(0) Sections 74.140 and 74.171 of Subpart Q. "Cost Principles," and Appendix C to such subpart, except for Paragraph J (4) of Part I of such Appendix. § 36.115 Recission of grants. Grants.

(a) When the Secretary determines that the performance of a granteè under these regulations involves (1) the violation of the rights or endangerment of the health, safety, or welfare of any persons, or (2) gross negligence or the mismanagement in the handling or use of funds under the grant, the Secretary will, in writing, notify the grantee of such determination and will request that the grantee take such corrective action, within such period of time, as the Secretary may prescribe.

(b) When the Secretary determines that a grantee has not taken corrective action (as prescribed by him under paragraph (a) of this section) to his satisfaction, he may, after providing the grantee an opportunity for a hearing in accordance with paragraph (c) of this section, rescind the grant in whole or in part and if he deems it appropriate, assume or resume control or operation of the program, activity, or service involved.

(c) When the Secretary has made a determination described in paragraph (b) of this section, he shall in writing notify the grantee of such determination and of the grantee's right to request a review of such determination (and of the determination described in paragraph (a) of this section) under the Public Health Service Grant Appeals Procedure (42 CFR Part 50, Subpart D). Such notification by the Secretary shall set forth the reasons for the determination in sufficient detail to enable the grantee to respond and shall inform the grantee of its opportunity for review under such Subpart D. If the review held under Subpart D results in a response adverse to the grartee's position, the grantee shall be informed of its right to have a hearing before the Department Grant Appeals Board, pursuant to 45 CFR Part 16.

(d) Where the Secretary determines that a grantee's performance under a grant awarded under this subpart poses an immediate threat to the safety of any person, he may immediately rescind the grant in whole or in part and if he deems it appropriate, assume or resume control or operation of the program, activity, or service involved. Upon such recission he will immediately notify the grantee of such action and the basis or reasons therefor; and offer the grantee an opportunity for a hearing to be held within 10 days of such action. If the grantee requests such a hearing, the Secretary will designate three officers or employees of the Department to serve as a caring panel. No officer or employee from the immediate office of the official

who made the decision to rescind the grant under this paragraph may be designated to serve on the hearing panel.

(1) The hearing shall be commenced within 10 days after the recission of the grant, shall be held on the record and shall afford the grantee the right:

(1) to notice of the issues to be considered;

(ii) to be represented by counsel; (ii) to present witnesses on grantee's behalf; and

(iv) to cross-examine other witnesses either orally or through written interrogatories.

(2) The hearing panel shall, within 25 days after the conclusion of the hearing, notify all parties in writing of its decision.

(3) Such decision shall not be subject to further hearing under 42 CFR Part 50, subpart D or 45 CFR Part 16.

(e) In any case where the Secretary has rescinded a grant under paragraphs (b) or (d) of this section, he may decline to enter into a new grant agreement with the grantee until such time as he is satisfied that the basis for the recission has been corrected. Nothing in this section shall be construed as contravening the Occupational Safety and Health Act of 1970 (84 Stat. 1590), as amended (29 U.S.C. 651).

(f) In any case where the Secretary has rescinded a grant for the delivery of health services under this subpart, the grantee shall, upon the request of the Secretary, transfer to the Secretary all medical records compiled in the operation of the supported project. § 36.116

Reports.

In addition to the reporting and information requirements provided in Subpart J of 45 CFR Part 74 made applicable to grants under this subpart by $36.114, each recipient of Federal financial assistance shall make such reports and information available to the Indian people served or represented by such recipient as and in a manner determined by the Secretary to be adequate.

§ 36.117 Amendment of regulations.

Before revising or amending the regulations in this subpart, the Secretary shall take the following actions:

(a) Consult with Indian Tribes and national and regional Indian organizatlons to the extent practicable about the need for revision or amendment and consider their views in preparing the proposed revision or amendment.

(b) Present the proposed revision or amendment to the Committees on Interior and Insular Affairs of the United States Senate and House of Representatives.

(c) Publish the proposed revisions or amendments in the FEDERAL REGISTER as proposed rulemaking to provide adequate notice to receive comments from, all interested parties.

(d) After consideration of all comiments received, publish the regulations in the FEDERAL REGISTER in final form not less than 30 days before the date they are made effective.

Section 6 of Pub L 93-638, 25 USC 450 (d) provides:

Whoever. being an officer, director, agent, or employee of, or connected in any capacity with, any recipient of a contract, subcontract, grant, or subgrant pursuant to this Act or the Act of April 16, 1934 (48 Stat. 596), as amended, embezzles, willfully misapplies, steals, or obtains by fraud any of the money, funds. assets, or property which are the subject of such a grant, subgrant, contract, or subcontract, shall be fined not more than $10,000 or imprisoned for not more than two years, or both, but if the amount so embezzled. misapplied, stolen, or obtained by fraud does not exceed $100, he shall be fined not more than $1,000 or imprisoned not more than one year, or both.

Grants awarded pursuant to this subpart will incorporate the following:

Use of Indian business concerns. (a) As used in this clause, the term "Indian organizations of an Indianowned economic enterprise" as defined in section 102(g) of this subpart

(b) The grantee agrees to give preference to qualified Indian business concerns in the awarding of any contracts or subgrants entered into under the grant consistent with the efficient performance of the grant. The grantee shall comply with any preference requirements regarding Indian business concerns established by the tribe(s) receiving services under the grant to the extent that such requirements are consistent with the purpose and intent of this paragraph. § 36.121

Indian preference in training and employment.

(a) Any grant made under this subpart, or a contract or subgrant made under such a grant shall require that, to the greatest extent feasible preferences and opportunities for training and employment in connection with the administration of such grant, or contract or subgrant made under such grant, shall be given to Indians.

(b) The grantee shall include the requirements of paragraph (a) of this section in all contracts and subgrants made under a grant awarded under this subpart.

RULES AND REGULATIONS

APPENDIX A-MINIMUM STANDARDS OF
CONSTRUCTION AND EQUIPMENT

The minimum standards of construction and equipment set forth below have been established by the Secretary pursuant to section 107 of the Act (25 U.S.C. 450k). In accordance with 5 U.S.C. 542(a) (1), the publications to which reference is made in this Appendix A, unless otherwise indicated, are hereby incorporated by reference and made a part hereof. These documents are available for Inspection at the Department's and Regional Offices. Information Centers listed in 45 CFR 5.31 and copies of such documents may be purchased as specified. These standards are applicable to all projects approved for construction grants under section 104(b) (1) of the Act; in addition, hospitals and outpatient facilities must comply with the requirements of "General Standards of Construction and equipment for Hospital and Medical Facilities" (DHEW Publication No. 74-4000) which document is incorporated by reference in $ 53.101 (a) of this chapter. Said document will be provided to all applicants with a need therefor, and is available to any interested person whether or not affected by the provisions of this subpart, upon request to the Regional Office of the Department of Health, Education, and Welfare or the Public Inquiries Branch, Public Health Service, Washington, D.C.

(a) General. The structural design, construction, and fire safety provisions of all project facilities shall comply with the standards of the National Building Code, 1967 (available from American Insurance Association Engineering and Safety Department, 85 John Street, New York, NY 10037, or 120 South La Salle Street, Chicago, IL 60603, or 465 California Street, San Francisco, CA 94104) or with applicable State, local codes and ordinances, whichever is more restrictive.

(b) Mechanical. All installations of fuel burning equipment, steam, heating, air conditioning and ventilation, plumbing and other piping systems and boilers shall comply with the following standards:

(1) Handbook of Fundamentals: American Society of Heating. Refrigerating and Air 1972; Conditioning Engineers (ASHRAE) United Engineer Center, 345 East 47th Street, New York, NY 10017.

(2) National Standard Plumbing Code 1955; American Society of Mechanical Engineers (ASME); United Engineer Center, 345 East 47th Street, New York, NY 10017.

(3) Boiler and Pressure Vessel Code, 1971 edition, with current addenda, section 8. Division I, American Society of Mechanical Engineers (ASME): United Engineer Center, 345 East 47th Street, New York, NY 10017.

(c) Fire and safety. The fire-resistant design criteria for the facility will be governed by the criteria necessary for that portion of the facility which is subject to the most severe usage. Remodeled structure shall be upgraded, in total, unless it is feasible to isolate the improved portion of the building with fire walls and fire doors. Fire-resistant design shall be in accordance with the standards of Fire Safety Code Number 101, 1970, National Fire Protection Association, International, 60 Batterymarch Street, Boston, MA 02110.

(d) Emergency electrical service. Fire alarm systems and other electrical service shall conform to the standards as specified in Life Safety Code Number 101, 1970. National Fire Protection Association, International, 60 Batterymarch Street, Boston, MA 02110.

(e) Electrical. All electrical installations and equipment shall be in accordance with

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State and local codes and applicable sections of National Electric Code, NFPA Bulletin No. 70 HC. 1971, National Fire Protection Association, International, 60 Batterymarch Street, Boston, MA 02110. (f) Radiation protection. All areas in which X-ray, gamma-ray, beta-ray producting and similar equipment is located shall be radiation protected from in accordance with the standards which are in the handbook reports No. 33, 1968; 34, 1970, 35, 1970, and 36, 1970, of the National Council on Radiation Protection and Measurement, Box 4867, Washington, DC 20008.

(g) All facilities shall be designed and constructed in accordance with the standard specified in the Uniform Building Code, 1970, International Conference of Building Officials, 50 South Los Robles, Pasadena, CA 91101, unless more restrictive State and local codes govern.

(h) Zoning. Applicable State and local codes shall apply.

Subpart 1-Contracts Under the Indian
Self-Determination Act