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 Part 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 Part 84) | Applicable | Applicable | Applicable |
Safe Drinking Water Act | Applicable | Applicable | Applicable |
Uniform Relocation Act (49 CFR Part 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 NOFO | 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
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
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 |