Subpart A—General

Sec.
1309.1 Purpose and application.
1309.2 Approval of the use of Head Start funds to continue purchase of facilities.
1309.3 Definitions.
1309.4 Eligibility—Construction.
1309.5 Eligibility—Major Renovations.

Subpart B—Application Procedures

1309.10 Applications for the purchase, construction and major renovation of facilities.
1309.11 Cost comparison for purchase, construction and major renovation of facilities.
1309.12 Timely decisions.

Subpart C—Protection of Federal Interest

1309.20 Title.
1309.21 Recording of Federal interest and other protection of Federal interest.
1309.22 Rights and responsibilities in the event of grantee’s default on mortgage, or withdrawal or termination.
1309.23 Insurance, bonding, and maintenance.

Subpart D—Modular Units

1309.30 General.
1309.31 Site description.
1309.32 Statement of procurement procedure for modular units.
1309.33 Inspection.
1309.34 Costs of installation of modular unit.

Subpart E—Other Administrative Provisions

1309.40 Copies of documents.
1309.41 Record retention.
1309.42 Audit of mortgage.
1309.43 Use of grant funds to pay fees.
1309.44 Independent analysis.

Subpart F—Construction and Major Renovation

1309.51 Submission of drawings and specifications.
1309.52 Procurement procedures.
1309.53 Inspection of work.
1309.54 Davis-Bacon Act.

AUTHORITY: 42 U.S.C. 9801 et seq.

SOURCE: 64 FR 5945, Feb. 8, 1999, unless otherwise noted.

(a) An application for the purchase or approval of a continuing purchase of a modular unit pursuant to Sec. 1309.2 must state specifically where the modular unit is or will be installed, and whether the land on which the modular unit will be installed will be purchased by the grantee. If the grantee does not propose to purchase the land on which to install the modular unit or if the modular unit the grantee is continuing to purchase with Head Start funds is located on land not owned by the grantee, the application must state who owns the land on which the modular unit is or will be situated and describe the easement, right-of-way or land rental it will obtain or has obtained to allow it sufficient access to the modular unit.

(b) Modular units which are purchased with grant funds and which are not permanently affixed to land, or which are affixed to land which is not owned by the grantee, must have posted in a conspicuous place the following notice: "On (date), the Department of Health and Human Services (DHHS) awarded (grant number) to (Name of grantee). The grant provided Federal funds for conduct of a Head Start program, including purchase of this modular unit. The grant incorporated conditions which included restrictions on the use and disposition of this property, and provided for a continuing Federal interest in the property. Specifically, the property may not be used for any purpose other than the purpose for which the facility was funded, without the express written approval of the responsible DHHS official, or sold or transferred to another party without the written permission of the responsible DHHS official. These conditions are in accordance with the statutory provisions set forth in 42 U.S.C. 9839; the regulatory provisions set forth in 45 CFR part 1309, 45 CFR part 74 and 45 CFR part 92; and Administration for Children and Families' grants policy

(c) A modular unit which has been approved for purchase and installation in one location may not be moved to another location without the written permission of the responsible HHS official.

[64 FR 5945, Feb. 8, 1999, as amended at 68 FR 23223, May 1, 2003]