NIH Grants Policy Statement
Revised November 2016. This document applies to all NIH grants and cooperative agreements for budget periods beginning on or after October 1, 2016.
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10.10 Public Policy Requirements

In addition to the public policy requirements and objectives specified in IIA, grants for construction, modernization or major A&R projects are subject to the public policy requirements in this section. These requirements may be specified by statute, regulation, executive order, or policy, and apply regardless of the type of recipient. Exhibit 11 may be used as guidance; however, some of the requirements for construction or modernization grants or major A&R activities may not be applicable to your project or program. Specific questions about whether a particular requirement applies should be directed to the GMO of the awarding IC. Recipients of construction or modernization grants and funding for major A&R projects also must require contractors and subcontractors providing construction services to comply with certain Federal labor standards. These labor standards are discussed in Equal Employment Opportunity and Labor Standards in this chapter. Following are highlights of public policy requirements:

Because projects for construction, modernization, or major A&R activities have the potential to affect the environment, NIH requires that applicants for this type of support provide information on anticipated environmental impact as part of their just-in-time submission. Applicants may use the Review of Environmental and Other Impacts document that is available at http://dpcpsi.nih.gov/orip/documents/environmental_analysis_form_3-2009.pdf to supply this information. An alternate format can be used as long as equivalent environmental and other impacts information is provided.

The NIH will review the Environmental and Other Impacts information contained in the application to assess the level of environmental impact of the proposed project. It is the responsibility of NIH to determine which of the following will apply to the proposed project:

If NIH determines that an EA or an EIS is required, the applicant (recipient) must conduct the appropriate environmental review and provide the necessary documentation to NIH for review, approval, and processing. NIH will provide advice and assistance to the applicant (recipient), as necessary, concerning review procedures; evaluate the results of the review; and make the final decision on environmental impact as required by NEPA.

Applicants also must (1) provide a current listing and copies, as applicable, of all relevant licenses, permits, and/or other approvals required including, but not limited to, the State and local air, water quality, and zoning board reports, and (2) indicate the State, local, and regional planning authorities contacted or consulted regarding the application and briefly discuss the proposed facility with respect to regional development plans.

Applicants are not required to incur costs for extensive consultant services at the application stage; therefore, hiring of consultants to develop detailed data and elaborate presentations is discouraged and such costs generally will not be allowable as pre-award costs.

“Notice is hereby given that the Uptown Medical School proposes to construct additional space, partially utilizing Federal funds. The proposed construction project is the addition of 251 net square meters connected to the existing Allen Building, which is located at 5333 Main Street, Downtown, Ohio.

The Medical School has evaluated the environmental and community impact of the proposed construction. There will be (appropriate text will describe impact). The Medical School anticipates that no significant permanent environmental impacts are foreseen, however, this determination is ultimately the responsibility of the awarding Federal agency. In accordance with Executive Order 11514 (March 5, 1970), which implements the National Environmental Policy Act of 1969, as amended, any individual or group may comment on, or request information concerning, the environmental implications of the proposed project. Communications should be addressed to the Office of Planning, Uptown Medical School, and must be received by (date). The Federal grant application may be reviewed at the Office of the Dean, School of Medicine, 5333 Main Street, during normal working hours."

If an eligible or potentially eligible historic property will be affected, the applicant must obtain clearance from both the appropriate State Historic Preservation Office and Tribal Historic Preservation Office before submitting the application. Failure to obtain this clearance will delay NIH action on an application. The State Historic Preservation Liaison Officer or the National Trust for Historic Preservation may be contacted for additional details. Information on Tribal Preservation Officers and Offices is available at http://www.achp.gov/thpo.html.

10.10.1 Executive Orders

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.

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 NoA Specified in the FOA and NoA 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 NoA Specified in the FOA and NoA or 45 CFR 75.318 As specified by NIH in accordance with 45 CFR 75.318

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