Current through Register Vol. 35, No. 6, March 26, 2024
A.
Area agencies must request such use of Title III funds within an area plan or
area plan amendment. Such use will be approved by the state agency on aging if
the area plan:
(1) contains or is supported by
reasonable assurances that:
(a) for not less
than 10 years after acquisition, or not less than 20 years after the completion
of construction (including alteration and renovation), the facility will be
used for the purpose for which it is to be acquired or constructed, unless for
unusual circumstances the U.S. commissioner on aging waives the
requirement;
(b) sufficient funds
will be available to meet the 15% non-federal share of the cost of acquisition
or construction of the facility;
(c) sufficient funds will be available when
acquisition or construction is completed for effective use of the facility for
the purpose for which it is being acquired or constructed; and
(d) the facility will not be used and is not
intended to be used for sectarian instruction or as a place for religious
worship;
(2) contains or
is supported by reasonable assurances that, in the case of purchase or
construction, there are no existing facilities in the community suitable for
leasing as a multipurpose senior center;
(3) assures that plans and specifications for
the facility will be in accordance with regulations relating to minimum
standards of construction, promulgated with particular emphasis on securing
compliance with the requirements of the Architectural Barriers Act of
1968;
(4) contains or is supported
by adequate assurance that any laborer or mechanic employed by any contractor
or subcontractor in the performance of work on the facility will be paid wages
at rates not less than those prevailing for similar work in the locality as
determined by the U.S. secretary of labor in accordance with the Davis-Bacon
Act; and
(5) contains assurances
that plans and specifications for the proposed work will meet all building,
fire and safety codes, including compliance with food preparation regulations
where nutrition services are planned.
B. At a minimum, when an area agency proposes
to use Title III funds for this purpose, the area plan must identify:
(1) the total project cost and the sources of
funds, including Title III funds, that will be used;
(2) a detailed description of proposed
activity;
(3) the name and address
of the grantee and an identification of the current or proposed ownership of
the facility;
(4) the name and
address of the senior center, if different from the grantee;
(5) a proposed time table for completion of
the project; and
(6) a description
of the need for the facility and proposed services to be provided at the
facility and an identification of the sources of funds and resources to be used
in providing such services.
C. Area agencies shall require that the
recipient file the following notice of record with the appropriate unit of
local government upon purchase or completion of construction of the facility:
This is to serve as notice to all potential sellers, purchasers,
transferors and recipients of a transfer of the real property described below
as to the federal government's reversionary interests as set forth in Section
312 of the Older Americans Act of 1965, as amended, 42 U. S. C. 3030b, which
have arisen as a result of (recipient's name) receipt and use of U.S.
department of health and human services' grant funds in connection with the
purchase or construction of said property. The property to which this notice is
applicable is (address) and identified as parcel (insert appropriate numbers)
in the books and records of (insert appropriate name of local unit of
government's recording agency). Said real property is also described as:
(insert description provided in survey). Further information as to the federal
government's interests referred to above can be obtained from: (name and
address of area agency on aging). After the notice has been recorded,
the recipient must provide the director of the area agency with a
copy.
D. Area agencies must provide
annual reports, within the area plan or area plan amendments, regarding the
status of the project ownership and use.
E. Changes in the status or any other action
which could affect the federal reversionary interest in the senior center shall
be reported immediately, in writing, to the state agency.
