construction, modernization, executive orders, intergovernmental review of federal programs, floodplain management, protection of wetlands, conservation of petroleum and natural gas, seismic safety of federal and federally assisted or regulated new building construction, metric system

10.10.1 Executive Orders

  • Intergovernmental Review of Federal Programs (July 14, 1982), as amended, under Executive Order 12372. EO 12372 requires consultation with State and local officials on certain proposed Federal assistance. For HHS, these requirements are the Intergovernmental Review of Department of Health and Human Services Programs and Activities. NIH construction and modernization grants are subject to these requirements. Applicants from states that have chosen to participate in the intergovernmental review process should contact their SPOC as early as possible to alert the SPOC to the planned application and to obtain necessary instruction on the State process. Indian tribes (or "federally recognized Indian tribes") are not subject to these requirements.

SPOCs are given 60 days to review applications. To accommodate this time frame and the NIH review process, an applicant must provide a copy of the application to the SPOC no later than the time the application is submitted to NIH. SPOC comments must be submitted to NIH with the application, or the application must indicate the date on which the application was provided to the SPOC for review. If SPOC comments are not submitted with the application, the applicant must provide them upon receipt and may include its reaction to the comments, or it must notify NIH that it did not receive any SPOC response.

  • Executive Order 11988, Floodplain Management (May 24, 1977) (42 FR 26951, 3 CFR, 1977 Comp., p. 117). Uneconomical, hazardous, or unnecessary use of flood plains for construction.
  • Executive Order 11990, Protection of Wetlands (May 24, 1977). See 42 FR 26961, 3 CFR, 1977 Comp., p. 121.
  • Executive Order 12185, Conservation of Petroleum and Natural Gas (Dec. 17, 1979). See 44 FR 75093, 3 CFR, 1979 Comp., p. 474.
  • Executive Order 12699, Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction (January 5, 1990). See 3 CFR, 1990 Comp., p. 269. See Earthquake Hazards Reduction Act bullet in the Construction-Public Policy Requirements section.
  • Executive Order 12770 - Metric System. Consistent with EO 12770 (July 25, 1991), Metric Usage in Federal Government Programs. All construction, modernization, or A&R (major or minor) supported by NIH grant funds must be designed using the metric system.

Exhibit 11. Summary of Requirements Applicable to Construction, Modernization, and Major A&R Activities

Program Regulation

Requirement Type of Activity: Construction Grant Type of Activity: Modernization Grant Type of Activity: Major A&R Project
NIH Construction Grants Regulations (42 CFR 52b) Applicable Applicable Applicable to major A&R under a research project grant; does not apply to minor A&R funded under an NIH Center grant.

Public Policy Requirements

Requirement Type of Activity: Construction Grant Type of Activity: Modernization Grant Type of Activity: Major A&R Project
Architectural Barriers Act of 1968 Applicable Applicable Applicable
Clean Air and Clean Water Act Applicable Applicable Applicable
Coastal Zone Management Act of 1972 Applicable Applicable Applicable
Copeland Act As required by statute As required by statute As required by statute
Davis-Bacon Act As required by statute As required by statute As required by statute
Earthquake Hazards Reduction Act of 1977 Applicable N/A N/A
Endangered Species Act of 1973 Applicable Applicable Applicable
Flood Disaster Protection Act of 1973 Applicable N/A N/A
Lead-Based Paint Poisoning Prevention Act Applicable Applicable Applicable
National Environmental Policy Act (NEPA) of 1969 Applicable Applicable As specified by NIH
Public Disclosure - Section 102 of NEPA and EO 11514 (as applicable for the protection and enhancement of environmental quality) Applicable when the project involves an environmental impact Applicable when the project involves an environmental impact Applicable when the project involves an environmental impact
Rehabilitation Act of 1973 (45 CFR 84) Applicable Applicable Applicable
Safe Drinking Water Act Applicable Applicable Applicable
Uniform Relocation Act (49 CFR 24) Applicable N/A N/A
Wild and Scenic Rivers Act of 1968 Applicable Applicable Applicable

Executive Orders

Requirement Type of Activity: Construction Grant Type of Activity: Modernization Grant Type of Activity: Major A&R Project
Executive Order 12372, Intergovernmental Review of Federal Programs Applicable Specified in the FOA Applicable
Executive Order 11988, Floodplain Management Applicable Applicable Applicable
Executive Order 11990, Protection of Wetlands Applicable Applicable Applicable
Executive Order 12185, Conservation of Petroleum and Natural Gas Applicable Applicable Applicable
Executive Order 12699, Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction Applicable N/A N/A
Executive Order 12770, Metric System Applicable Applicable Applicable

Other Requirements

Requirement Type of Activity: Construction Grant Type of Activity: Modernization Grant Type of Activity: Major A&R Project
Matching Specified in the FOA and NoANotice of Award: The official, legally binding document, signed (or the electronic equivalent of signature) by a Grants Management Officer that: (1) notifies the recipient of the award of a grant; (2) contains or references all the terms and conditions of the grant and Federal funding limits and obligations; and, (3) provides the documentary basis for recording the obligation of Federal funds in the NIH accounting system. Specified in the FOA and NoANotice of Award: The official, legally binding document, signed (or the electronic equivalent of signature) by a Grants Management Officer that: (1) notifies the recipient of the award of a grant; (2) contains or references all the terms and conditions of the grant and Federal funding limits and obligations; and, (3) provides the documentary basis for recording the obligation of Federal funds in the NIH accounting system. N/A
NIH Design Requirements Manual Applicable Specified in the FOA Applicable
Design Documentation Requirements Applicable Applicable Applicable

Procurement Requirement

Requirement Type of Activity: Construction Grant Type of Activity: Modernization Grant Type of Activity: Major A&R Project
Liquidated Damages Applicable Applicable Applicable

Equal Employment Opportunity and Labor Standards

Requirement Type of Activity: Construction Grant Type of Activity: Modernization Grant Type of Activity: Major A&R Project
Equal Employment Opportunity Applicable Applicable Applicable
Nonsegregated Facilities Contracts exceeding $10,000 Contracts exceeding $10,000 Contracts exceeding $10,000
Contract Work Hours and Safety Standards Contracts exceeding $100,000 Contracts exceeding $100,000 Contracts exceeding $100,000
Disposition of Unclaimed Wages Applicable Applicable Applicable

Real Property Standards

Requirement Type of Activity: Construction Grant Type of Activity: Modernization Grant Type of Activity: Major A&R Project
Real Property Management Standards Applicable Applicable Applicable
Notice of Federal Interest Applicable Applicable Applicable
Title Insurance Applicable unless waived Applicable unless waived Applicable unless waived
Physical Destruction Insurance Applicable unless waived Applicable unles waived Applicable unless waived
Use of Facility and Disposition Specified in the FOA and NoANotice of Award: The official, legally binding document, signed (or the electronic equivalent of signature) by a Grants Management Officer that: (1) notifies the recipient of the award of a grant; (2) contains or references all the terms and conditions of the grant and Federal funding limits and obligations; and, (3) provides the documentary basis for recording the obligation of Federal funds in the NIH accounting system. Specified in the FOA and NoANotice of Award: The official, legally binding document, signed (or the electronic equivalent of signature) by a Grants Management Officer that: (1) notifies the recipient of the award of a grant; (2) contains or references all the terms and conditions of the grant and Federal funding limits and obligations; and, (3) provides the documentary basis for recording the obligation of Federal funds in the NIH accounting system. As specified by NIH

Closeout

Requirement Type of Activity: Construction Grant Type of Activity: Modernization Grant Type of Activity: Major A&R Project
Final Record As-built Construction Documents Applicable Applicable N/A