October 3, 2016 Page 1

NPS National Laws, Regulations and

Policies on Accessibility

Contents

Overview of NPS National Laws, Regulations and Policies on Accessibility .............................................3

Laws..........................................................................................................................................................3

Executive Orders (EOs) ....................................................................................................................4

Regulations...............................................................................................................................................4

Code of Federal Regulations (CFR)..................................................................................................4

Federal Acquisition Regulation (FAR)..............................................................................................5

Building Codes and Industry Standards ..........................................................................................5

Government Directives and Government Standards..............................................................................5

Communication ...............................................................................................................................5

Architecture.....................................................................................................................................5

Transportation.................................................................................................................................6

Housing ............................................................................................................................................6

Modifications and Waivers .............................................................................................................6

National Park Service (NPS) Requirements.............................................................................................6

Management Policies......................................................................................................................6

Sustainability ...................................................................................................................................7

Director's Orders (DOs)....................................................................................................................7

NPS Memos......................................................................................................................................8

Denver Service Center (DSC) ...........................................................................................................8

Harpers Ferry Center (HFC)..............................................................................................................8

Park Documents...............................................................................................................................8

Universal Design (UD).........................................................................................................8

Specific Universal Design Goals for All Facilities................................................................9

Key Excerpts from National Laws, Regulations and Policies on Accessibility.........................................10
October 3, 2016 Page 2

43 CFR Part 17 - Nondiscrimination in Federally Assisted Programs of the Department of the 

Interior - Subpart B - Nondiscrimination on the Basis of Disability ...............................................10

43 CFR Part 17 - Nondiscrimination in Federally Assisted Programs of the Department of the 

Interior -Subpart E - Enforcement of Nondiscrimination on the Basis of Disability in Programs or 

Activities Conducted by the Department of the Interior...............................................................14

Setting Priorities - Federal Management Regulation (FMR), Subchapter C—Real Property, Part 

102-76—Design and Construction, Subpart C—Architectural Barriers Act...................................22

Concessions................................................................................................................................................25

28 C.F.R. Part 36 - New Accessibility Requirements for Concessioners with Lodging and Tools to 

Evaluate Accessibility Compliance ..........................................................................................................25

Attachment 1 .................................................................................................................................26

Attachment 2 .................................................................................................................................27

Attachment 3 .................................................................................................................................28

Universal Design and Accessibility in the NPS Management Policies 2006 ............................................30

NPS Section 504 Complaint Process Directive..........................................................................................42

ABAAS Guide to the Standards - Chapter 2: Alterations, Additions, Leases............................................50

General [§F202.1] ..........................................................................................................................50

Additions [§F202.2]........................................................................................................................50

Application of the Standards in Additions.....................................................................................50

Requirements for Additions...........................................................................................................51

Alterations [§F202.3] .....................................................................................................................52

Application of the Standards in Alterations...................................................................................53

Example: Toilet Room Alterations.................................................................................................54

Alterations Affecting Primary Function Areas [§F202.4]...............................................................57

Accessible Path of Travel ...............................................................................................................59

Alterations to Qualified Historic Facilities [§F202.5].....................................................................60

Leases [§F202.6] ............................................................................................................................61

Requirements for Federally Leased Space.....................................................................................62

Common Questions .......................................................................................................................64
October 3, 2016 Page 3

Overview of NPS National Laws, Regulations and Policies on Accessibility

There are a number of policies, laws and regulations related to accessibility that apply to national park 

areas to assure parks are welcoming and accessible to visitors and employees with disabilities. These 

include requirements for the design and construction of sites and facilities and regulations that require 

programs, services, and activities offered by the park to be accessible and usable by people with

disabilities. Applicable policies, laws and regulations are cited below. 

Laws

About the Architectural Barriers Act and Other Disability Rights Laws

Architectural Barriers Act (ABA) – The ABA requires access to facilities designed, built, or altered 

with federal dollars or leased by federal agencies. The law covers a wide range of facilities, 

including post offices, social security offices, prisons, and national parks. It also applies to 

nongovernment facilities that have received federal funding, such as certain schools, public 

housing, and mass transit systems. Passed in 1968, the ABA stands as the first measure by 

Congress to ensure access to the built environment. Facilities that predate the law generally 

are not covered, but alterations or leases undertaken after the law took effect can trigger 

coverage.

Americans with Disabilities Act (ADA) – The ADA prohibits discrimination on the basis of 

disability in employment, state and local government services, transportation, public 

accommodations, commercial facilities, and telecommunications. Unlike the ABA, the ADA’s 

coverage is not tied to the presence of federal funding. For more information, contact a 

regional Disability and Business Technical Assistance Center or the appropriate federal 

agency.

The Rehabilitation Act – The Rehabilitation Act of 1973 ensures access to programs and activities 

that are federally funded. It also protects the rights of federal employees with disabilities. 

Federal agencies are responsible for enforcing requirements as they apply to their own 

programs, services, and employment practices. The law also requires electronic and 

information technology procured by federal agencies to be accessible according to 

standards issued by the Access Board.

The Fair Housing Act – The Fair Housing Act, as amended in 1988, prohibits discrimination in 

housing on the basis of disability, as well as race, color, gender, and religion. It covers 

housing in the public and private sectors and bans discrimination in any aspect of selling or 

renting housing. Under the law, new multifamily housing must be able to be adapted for 

accessibility according to established guidelines. The law also requires reasonable 

exceptions to housing policies and operations so that people with disabilities are afforded 

equal housing opportunities.
October 3, 2016 Page 4

Executive Orders (EOs)

EO 13164 - Requiring Federal Agencies to Establish Procedures to Facilitate the Provision of 

Reasonable Accommodation (pdf)

EO 13514 - Federal Leadership in Environmental, Energy, and Economic Performance (pdf)

Regulations

Code of Federal Regulations (CFR)

The Superintendent’s Compendium and 36 Code of Federal Regulations (36 CFR)

The Superintendent’s Compendium is the summary of park specific rules implemented under 36 Code of 

Federal Regulations (36 CFR). It serves as public notice, identifies areas closed for public use, provides a 

list of activities requiring either a special use permit or reservation, and elaborates on public use and 

resource protection regulations pertaining specifically to the administration of the park. The 

Superintendent’s Compendium does not repeat regulations found in 36 CFR and other United States 

Code and CFR Titles, which are enforced without further elaboration at the park level. 

The regulations contained in 36 CFR, Parts 1-7, are the basic mechanism used by the National Park 

Service (NPS) to preserve and protect the natural and cultural resources of the park and to protect 

visitors and property within the park. Parts 1 through 6 are general regulations applicable to all areas of 

the National Park system, and Part 7 contains special regulations specific to individual parks. Each of 

these Parts has many sections and subsections articulating specific provisions. Within some of these Part 

1-7 sections and subsections, the Superintendent is granted discretionary authority to develop local 

rules to be responsive to the needs of a specific park resource or activity, park plan, program, and/or 

special needs of the general public.

Section 504 requirements for the National Park Service are found in the Code of Federal Regulations 

(CFR) in Title 43 Public Lands: Interior, Subtitle A - Office of the Secretary of the Interior.

43 CFR - Part 17 - NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT OF 

THE INTERIOR

Subpart B - Nondiscrimination on the Basis of Disability – for concessioners and contracted services in 

the NPS

43 CFR Part 17 - Nondiscrimination in Federally Assisted Programs of the Department of the 

Interior - Subpart B - Nondiscrimination on the Basis of Disability
October 3, 2016 Page 5

Subpart E - Enforcement of Nondiscrimination on the Basis of Disability in Programs or Activities 

Conducted by the Department of the Interior – for programs provided directly from the NPS

43 CFR Part 17 - Nondiscrimination in Federally Assisted Programs of the Department of the 

Interior -Subpart E - Enforcement of Nondiscrimination on the Basis of Disability in Programs 

or Activities Conducted by the Department of the Interior 

Federal Management Regulation (FMR), Subchapter C—Real Property, Part 102-76—Design and 

Construction, Subpart C—Architectural Barriers Act: Priority should be given to those elements that will 

provide the greatest access in the following order: 

(a) An accessible route and an accessible entrance;

(b) At least one accessible restroom for each sex or a single unisex restroom;

(c) Accessible telephones;

(d) Accessible drinking fountains; and

(e) Accessible parking spaces.

Federal Acquisition Regulation (FAR)

The Federal Acquisition Regulations System is established for the codification and publication of uniform 

policies and procedures for acquisition by all executive agencies. The Federal Acquisition Regulations 

System consists of the Federal Acquisition Regulation (FAR), which is the primary document, and agency 

acquisition regulations that implement or supplement the FAR.

Building Codes and Industry Standards

International Building Code (IBC) 2012

International Existing Building Code (IEBC) 2012

ANSI A117.1 - 2003 (Accessible and Usable Buildings and Facilities)

Government Directives and Government Standards

Communication

Electronic and Information Technology Accessibility Standards (Section 508) (2000)

Telecommunications Act Accessibility Guidelines (1998)

Architecture

ABA Accessibility Standards (2006)

Public Rights of Way (upcoming)

Notification Forms

Entire Trail Exemption Form (1017.2 Exception 2) (pdf)
October 3, 2016 Page 6

Entire Beach Access Route Exemption Form (1018.2 Exception 2) (pdf)

Transportation

ADA Accessibility Guidelines (ADAAG) for Transportation Vehicles (1991, amended 1998)

Passenger Vessels (upcoming)

Part 2, Designing Sidewalks and Trails for Access – U.S. Department of Transportation – Federal 

Highway Administration

Housing

Fair Housing Act Design Manual – A Manual to Assist Designers and Builders in Meeting the 

Accessibility Requirements of the Fair Housing Act

Modifications and Waivers

The Architectural Barriers Act authorizes the Administrator of the General Services Administration, 

the Secretary of the Department of Housing and Urban Development, the Secretary of the 

Department of Defense, and the United States Postal Service to modify or waive the accessibility 

standards for buildings and facilities covered by the Architectural Barriers Act on a case-by-case basis, 

upon application made by the head of the department, agency, or instrumentality of the United States 

concerned. The General Services Administration, the Department of Housing and Urban Development, 

the Department of Defense, and the United States Postal Service may grant a modification or waiver 

only upon a determination that it is clearly necessary. Section 502(b)(1) of the Rehabilitation Act of 

1973 authorizes the Access Board to ensure that modifications and waivers are based on findings of 

fact and are not inconsistent with the Architectural Barriers Act. (ABAAS F103)

Advisory F103 Modifications and Waivers. The provisions for modifications and waivers differ from the 

requirement issued under the Americans with Disabilities Act in that “equivalent facilitation” does not 

apply. There is a formal procedure for federal agencies to request a waiver or modification of 

applicable standards under the Architectural Barriers Act.

Procedures for Submitting a Waiver or Modification Request

National Park Service (NPS) Requirements

Management Policies

Management Policies 2006 – The Guide to Managing the National Park System

See Universal Design and Accessibility in NPS Management Policies 2006 for quick reference to all 

accessibility references in the management policies.

The Secretary of the Interior’s Standards and Guidelines for the Treatment of Historic Properties

The Secretary of the Interior’s Standards Illustrated Guidelines on Sustainability for 

Rehabilitating Historic Buildings
October 3, 2016 Page 7

Sustainability

The Sustainable Sites Initiative

The Guiding Principles for Sustainable New Construction and Major Renovations

Director's Orders (DOs)

DO 2: Park Planning, chapter 2 of Management Policies 2006, “Park System Planning,” and 

Planner’s Sourcebook for General Management Planning

DO-7 Volunteers in Parks

9.1 Because Volunteers-In-Parks (VIPs) are neither employees of nor applicants for employment 

with the NPS, they do not have access to the employment discrimination complaint process 

established by the Equal Employment Opportunity Commission. However, VIPs may contact 

their park's EEO counselors for assistance in resolving potential complaints based on section 

504 of the Rehabilitation Act of 1973 (29 USC 794) and Executive Order 13160. Section 504 

prohibits discrimination based on disability in any federally conducted program, and 

Executive Order 13160 bars discrimination based on race, sex, color, national origin, 

disability, religion, age, sexual orientation, and status as a parent, in federally conducted 

education and training programs. The protection afforded by section 504 and Executive 

Order 13160 applies to all individuals, not just employees and applicants. VIPs who have 

spoken to an EEO counselor and intend to file a formal complaint of discrimination in 

connection with section 504 or Executive Order 13160 should contact the NPS's EEO 

Program Manager in WASO to initiate such complaint.

DO 11A:Information and Technology Management

DO 11C: Web Publishing PDF

DO 16A: Reasonable Accommodation for Applicants and Employees with Disabilities

DO 16B: Diversity in the National Park Service (pdf file)

DO 16D: Equal Employment Opportunity and Zero Tolerance for Discrimination (pdf file)

DO 16D: NPS Anti-Harassment Policy (pdf file)

DO 24: Museum Collections Management

DO 26: Youth Programs

DO 28: Cultural Resource Management

DO 36: NPS Housing Management

DO 42: Accessibility for Visitors with Disabilities in National Park Service Programs and Services.

DO 42 provides information on accessibility specific to the NPS, including implementation 

strategies and NPS policies. It goes beyond the minimum requirements of the applicable laws 

and standards. The stated goal of this Director’s Order is” that the NPS will seek to provide the 

highest level of accessibility that is reasonable, not simply provide the minimum level required 

by law.” It also includes the concept of “universal design,” which aims for sites and facilities to 

be usable by and accessible to all persons, without the need for adaptation or specialized 

design.

DO 45: National Trails System
October 3, 2016 Page 8

NPS Memos

ABAAS Adoption Memo (pdf)

Disability Access in the National Park Service (pdf)

GSA Adopts New Accessibility Standards Under the Barriers Act (ABA)

NPS Audio-Visual Initiative (pdf)

Service Animals (pdf)

Denver Service Center (DSC)

Accessible Route Design Standards

NPS Universal Design and Accessibility Scoping Form - Facilities

NPS Universal Design and Accessibility Scoping Form - Accessibility Guidelines for Outdoor 

Developed Areas 

Harpers Ferry Center (HFC)

Programmatic Accessibility Guidelines for National Park Service Interpretive Media

Park Documents

Foundation plan

Superintendents Compendium

Park historic structure reports

Park cultural landscape reports

Park wilderness plan

Park interpretive plan and other park planning documents

Universal Design (UD)

Facilities will be harmonious with park resources, compatible with natural processes, esthetically

pleasing, functional, energy- and water-efficient, cost-effective, universally designed, and as welcoming

as possible to all segments of the population. NPS Management Policies 2006

Programs and facilities provided in the national park system should incorporate the seven principles of 

universal design throughout the design process to provide programs and facilities that are useable by all.

The Seven Principles of Universal Design

Equitable Use – The design is useful and marketable to people with diverse abilities.

Flexibility in Use – The design accommodates a wide range of individual preferences and 

abilities.

Simple and Intuitive Use – Use of the design is easy to understand, regardless of the user’s 

experience, knowledge, language skills, or current concentration level.

Perceptible Information – The design communicates necessary information effectively to the 

user, regardless of ambient conditions or the user’s sensory abilities.
October 3, 2016 Page 9

Tolerance for Error – The design minimizes hazards and the adverse consequences of accidental 

or unintended actions.

Low Physical Effort – The design can be used efficiently and comfortably and with a minimum of 

fatigue.

Size and Space for Approach and Use – Appropriate size and space is provided for approach,

Specific Universal Design Goals for All Facilities

Pedestrian Routes – Project is designed so that all users follow the same routes through the 

facility and site.

Entrance to Newly Constructed Facilities – Project is designed so the primary entrances (visitor 

and employee) of newly constructed facilities do not have steps. Staired secondary routes 

are included on sloped sites.

Entrances to Facilities

o Project is designed to provide a covered entry and roof drains away from entry walk 

and entrance.

o Distance from drop-off and closest accessible parking space (car and RV/bus) to 

accessible entrance of all accessible buildings is 200 feet or less.

o Doors – Visitor use buildings provide power assist door openers on main accessible 

entrances. Doors on accessible routes use lever or push hardware.
October 3, 2016 Page 10

Key Excerpts from National Laws, Regulations and Policies on Accessibility

Section 504 requirements for the National Park Service are found in the Code of Federal Regulations 

(CFR) in Title 43 Public Lands: Interior, Subtitle A - Office of the Secretary of the Interior.

43 CFR - Part 17 - NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT OF 

THE INTERIOR, Subpart B - Nondiscrimination on the Basis of Disability and Subpart E - Enforcement of 

Nondiscrimination on the Basis of Disability in Programs or Activities Conducted by the Department of 

the Interior 

43 CFR Part 17 - Nondiscrimination in Federally Assisted Programs of the Department of the 

Interior - Subpart B - Nondiscrimination on the Basis of Disability Requirements for 

concessioners and other contracted services

§17.203 Discrimination prohibited.

(a) General. No qualified person with a disability shall, on the basis of disability, be excluded from 

participation in, be denied the benefits of, or otherwise be subjected to discrimination under any 

program or activity which receives Federal financial assistance.

(b) Discriminatory actions prohibited. (1) A recipient, in providing any aid, benefit, or service, may not, 

directly or through contractual, licensing, or other arrangements, on the basis of disability:

(i) Deny a qualified person with a disability the opportunity to participate in or benefit from the aid, 

benefit, or service;

(ii) Afford a qualified person with a disability an opportunity to participate in or benefit from the aid, 

benefit, or service that is not equal to that afforded others;

(iii) Provide a qualified person with a disability with an aid, benefit, or service that is not as effective as 

that provided to others;

(iv) Provide different or separate aids, benefits or services to persons with a disability or to any class of 

persons with a disability unless such action is necessary to provide qualified persons with a disability 

with aid, benefits, or services that are as effective as those provided to others;

(v) Aid or perpetuate discrimination against a qualified person with a disability by providing significant 

assistance to an agency, organization, or person that discriminates on the basis of disability in 

providing any aid, benefit, or services to beneficiaries of the recipient's program or activity;

(vi) Deny a qualified person with a disability the opportunity to participate as a member of planning or 

advisory boards; or

(vii) Otherwise limit a qualified person with a disability in the enjoyment of any right, privilege, 

advantage, or opportunity enjoyed by others receiving an aid, benefit, or service.

(2) Aids, benefits, and services, to be equally effective, are not required to produce the identical result 

of level of achievement for persons with a disability or those without, but must afford persons with 

a disability equal opportunity to obtain the same result, to gain the same benefit, or to reach the 

same level of achievement, in the most integrated setting appropriate to the person's needs.
October 3, 2016 Page 11

(3) Despite the existence of separate or different aid, benefits, or services, a recipient may not deny a 

qualified person with a disability the opportunity to participate in all aid, benefits, or services 

covered by this subpart that are not separate or different.

(4) A recipient may not, directly or through contractual or other arrangements, utilize criteria or 

methods of administration (i) that have the effect of subjecting qualified persons with a disability to 

discrimination on the basis of disability, (ii) that have the purpose or effect of defeating or 

substantially impairing accomplishment of the objectives of the recipient's program or activity with 

respect to persons with a disability, or (iii) that perpetuate the discrimination of another recipient if 

both recipients are subject to common administrative control or are agencies of the same State.

(5) In determining the site or location of a facility, an applicant for assistance or a recipient may not 

make selections (i) that have the effect of excluding persons with a disability from, denying them the 

benefits of, or otherwise subjecting them to discrimination under any program or activity that 

receives Federal financial assistance or (ii) that have the purpose of effect of defeating or 

substantially impairing the accomplishment of the objectives of the program or activity with respect 

to persons with a disability.

(6) As used in this section, the aid, benefit, or services provided under a program or activity receiving 

Federal financial assistance includes any aid, benefit, or service provided in or through a facility that 

has been constructed, expanded, altered, leased or rented, or otherwise acquired, in whole or in 

part, with Federal financial assistance for the period during which the facility is used for a purpose 

for which the Federal financial assistance is extended or for another purpose involving the provision 

of similar services or benefits.

(7) Nothing in this section is to be construed as affecting the acquisition of historic sites or wilderness 

areas.

(c) Aid, benefits, or services limited by Federal law. The exclusion of non-disabled persons from aid, 

benefits, or services limited by Federal statute or Executive Order to persons with a disability or the 

exclusion of a specific class of persons with a disability from aid, benefits, or services limited by 

Federal statute or Executive Order to a different class of persons with a disability is not prohibited 

by this subpart.

(d) Recipients shall take appropriate steps to insure that communications with their applicants, 

employees, and beneficiaries are available to persons with impaired vision and hearing.

[47 FR 29546, July 7, 1982, as amended at 68 FR 51377, Aug. 26, 2003]

§17.205 Remedial action, voluntary action, and self-evaluation.

(a) Remedial action. (1) If the Director finds that a recipient has discriminated against persons on the 

basis of disability in violation of section 504 or this subpart, the recipient shall take such remedial 

action as the Director deems necessary to overcome the effects of the discrimination.

(2) Where a recipient is found to have discriminated against persons on the basis of disability in violation 

of section 504 or this subpart and where another recipient exercises control over the recipient that 

has discriminated, the Director, where appropriate, may require either or both recipients to take 

remedial action.
October 3, 2016 Page 12

(3) The Director may, where necessary to overcome the effects of discrimination in violation of section 

504 or this subpart, require a recipient to take remedial action (i) with respect to persons with a 

disability who are no longer participants in the recipient's program or activity but who were 

participants in the program when such discrimination occurred or (ii) with respect to persons with a 

disability who would have been participants in the program or activity had the discrimination not 

occurred.

(b) Voluntary action. A recipient may take steps, in addition to any action that is required by this 

subpart, to overcome the effects of conditions that resulted in limited participation in the recipient's 

program or activity by qualified persons with a disability.

(c) Self-evaluation. (1) A recipient shall, within one year of the effective date of this subpart:

(i) Evaluate, with the assistance of interested persons, including persons with a disability or 

organizations representing persons with a disability, its current policies and practices and the effects 

thereof that do not or may not meet the requirements of this subpart;

(ii) Modify, after consultation with interested persons, including persons with a disability or 

organizations representing persons with a disability, any policies and practices that do not meet the 

requirements of this subpart; and

(iii) Take, after consultation with interested persons, including persons with a disability or organizations 

representing persons with a disability, appropriate remedial steps to eliminate the effects of any 

discrimination that resulted from adherence to these policies and practices.

(2) A recipient that employs fifteen or more persons shall, for at least three years following completion 

of the evaluation required under paragraph (c)(1) of this section, maintain on file, make available for 

public inspection, and provide to the Director upon request: (i) A list of the interested persons 

consulted, (ii) a description of areas examined and any problems identified, and (iii) a description of 

any modifications made and of any remedial steps taken.

(3) A recipient, whose application is approved after the effective date of this regulation, shall within one 

year of receipt of the Federal financial assistance, be required to comply with the provisions of this 

section.

§17.216 Accessibility.

No person with a disability shall, because a recipient's facilities are inaccessible to or unusable by persons

with a disability, be denied the benefits of, be excluded from participation in, or otherwise be 

subjected to discrimination under any program or activity to which this subpart applies.

§17.217 Existing facilities.

(a) Accessibility. A recipient shall operate each program or activity so that when each part is viewed in its 

entirety it is readily accessible to and usable by persons with a disability. This paragraph does not 

require a recipient to make each of its existing facilities or every part of a facility accessible to and 

usable by persons with a disability.

(b) Methods. A recipient may comply with the requirements of paragraph (a) of this section through such 

means as redesigning of equipment, reassignment of classes or other services to accessible buildings, 
October 3, 2016 Page 13

assignment of aides to beneficiaries, delivery of services at alternate accessible sites, alterations of 

existing facilities and construction of new facilities in conformance with the requirements of §17.218, 

or any other methods that result in making its program or activity accessible to persons with a 

disability. A recipient is not required to make structural changes in existing facilities where other 

methods are effective in achieving compliance with paragraph (a) of this section. In choosing among 

available methods for meeting the requirement of paragraph (a) of this section, a recipient shall give 

priority to those methods that serve persons with a disability in the most integrated setting 

appropriate.

(c) Small recipients. If a recipient with fewer than fifteen employees that provides services finds, after 

consultation with a person with a disability seeking its services, that there is no method of complying 

with paragraph (a) of this section other than making a significant alteration in its existing facilities, the 

recipient may, as an alternative, refer the person with a disability to other providers of those services 

whose facilities are accessible.

(d) Time period. A recipient shall comply with the requirement of paragraph (a) of this section within sixty 

days of the effective date of this subpart except that where structural changes in facilities are 

necessary, such changes shall be made as expeditiously as possible, but in no event later than three 

years after the effective date of this subpart. New recipients receiving Federal financial assistance 

shall comply with the requirement of paragraph (a) of this section, except that where structural 

changes in facilities are necessary, such changes shall be made as expeditiously as possible, but in no 

event later than three years after the date of approval of the application.

(e) Transition plan. In the event that structural changes to facilities are necessary to meet the requirement 

of paragraph (a) of this section a recipient shall develop, within one year of the effective date of this 

subpart, a transition plan setting forth the steps necessary to complete such changes. New recipients, 

receiving financial assistance after the effective date of this regulation, shall develop a transition plan 

within one year of receipt of the financial assistance. The plan shall be developed with the assistance 

of interested persons, including persons with a disability or organizations persons with a disability. A 

copy of the transition plan shall be made available for public inspection. The plan shall, at a minimum:

(1) Identify physical obstacles in the recipient's facilities that limit the accessibility of its program or activity 

to persons with a disability;

(2) Describe in detail the methods that will be used to make the facilities accessible and usable;

(3) Specify the schedule for taking the steps necessary to achieve full accessibility under paragraph (a) of 

this section and, if the time period of the transition plan is longer than one year, identify steps that 

will be taken during each year of the transition period; and

(4) Indicate the person responsible for implementation of the plan.

(f) Notice. The recipient shall adopt and implement procedures to insure that interested persons, including 

persons with impaired vision or hearing, can obtain information as to the existence and location of 

services, activities, and facilities that are accessible to and usable by persons with a disability.

[47 FR 29546, July 7, 1982, as amended at 68 FR 51377, Aug. 26, 2003]
October 3, 2016 Page 14

43 CFR Part 17 - Nondiscrimination in Federally Assisted Programs of the Department of the Interior -

Subpart E - Enforcement of Nondiscrimination on the Basis of Disability in Programs or Activities 

Conducted by the Department of the Interior Requirements for programs and services provided 

directly by the NPS

§17.501 Purpose.

The purpose of this part is to effectuate section 119 of the Rehabilitation, Comprehensive Services, and 

Developmental Disabilities Amendments of 1978, which amended section 504 of the Rehabilitation Act of 

1973 to prohibit discrimination on the basis of disability in programs or activities conducted by Executive 

agencies or the U.S. Postal Service.

§17.502 Application.

This part applies to all programs and activities conducted and/or administered and/or maintained by the 

agency except for programs or activities conducted outside the United States that do not involve persons 

with disabilities in the United States.

17.503 Definitions.

For purposes of this part, the term—

Agency means Department of the Interior.

Auxiliary aids means services or devices that enable persons with impaired sensory, manual, or speaking 

skills to have an equal opportunity to participate in, and enjoy the benefits of, programs or activities 

conducted by the agency. For example, auxiliary aids useful for persons with impaired vision include

readers, Brailled materials, audio recordings, and other similar services and devices. Auxiliary aids useful 

for persons with impaired hearing include telephone handset amplifiers, telephones compatible with 

hearing aids, telecommunication devices for deaf persons (TDD's), interpreters, notetakers, written 

materials, and other similar services and devices.

Complete complaint means a written statement that contains the complainant's name and address and 

describe the agency's actions in sufficient detail to inform the agency of the nature and date of the 

alleged violation of section 504. It shall be signed by the complainant or by someone authorized to do so 

on his or her behalf. Complainant or behalf of classes or third parties shall describe or identify (by name, 

if possible) the alleged victims of discrimination.

Facility means all or any portion of buildings, structures, equipment, roads, walks, parking lots, outdoor 

recreation and program spaces, park sites, developed sites, rolling stock or other conveyances, or other 

real or personal property.

Person with a disability means any person who has a physical, mental, or sensory impairment that 

substantially limits one or more major life activities, has a record of such an impairment, or is regarded as 

having such an impairment. As used in this definition, the phrase:

(1) Physical, mental, or sensory impairment includes—

(i) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting 

one or more of the following body systems: Neurological; musculoskeletal; special sense organs; 
October 3, 2016 Page 15

respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; 

hemic and lymphatic; skin; and endocrine; or

(ii) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, 

emotional or mental illness, and specific learning disabilities. The term “physical, mental or 

sensory impairment” includes, but is not limited to, such diseases and conditions as orthopedic, 

visual, speech, and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple 

sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug addiction, 

and alcoholism.

(2) Major life activities includes functions such as caring for one's self, performing manual tasks, walking, 

seeing, hearing, speaking, breathing, learning, and working.

(3) Has a record of such impairment means has a history of, or has been misclassified as having, a mental, 

physical, or sensory impairment that substantially limits one or more major life activities.

(4) Is regarded as having an impairment means—

(i) Has a physical, mental, or sensory impairment that does not substantially limit major life 

activities but is treated by the agency as constituting such a limitation;

(ii) Has a physical, mental, or sensory impairment that substantially limits major life activities only 

as a result of the attitudes of others toward such impairment; or

(iii) Has none of the impairments defined in paragraph (1) of this definition but is treated by the 

agency as having such an impairment.

Historic preservation programs means programs conducted by the agency that have preservation of 

historic properties as a primary purpose.

Historic properties means those properties that are listed or eligible for listing in the National Register of 

Historic Places or properties designated as historic under a statute of the appropriate state or local 

government body.

Qualified person with a disability means—

(1) With respect to preschool, elementary, or secondary education services provided by the agency, a 

person with a disability who is a member of a class of persons otherwise entitled by statute, regulation, 

or agency policy to receive education services from the agency.

(2) With respect to any other agency program or activity under which a person is required to perform 

services or to achieve a level of accomplishment, a person with a disability who meets the essential 

eligibility requirements and who can achieve the purpose of the program or activity without 

modifications in the program or activity that the agency can demonstrate would result in a fundamental 

alteration in its nature; or

(3) With respect to any other program or activity, a person with a disability who meets the essential 

eligibility requirements for participation in, or receipt of benefits from that program or activity.

(4) Qualified person with a disability is defined for purposes of employment in 29 CFR 1613.702(f), which 

is made applicable to this part by §17.540.
October 3, 2016 Page 16

Section 504 means section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 

794)), as amended by the Rehabilitation Act Amendments of 1974 (Pub. L. 93-516, 88 Stat. 1617), and the 

Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978 (Pub. L. 95-

602, 92 Stat. 2955). As used in this part, section 504 applies only to programs or activities conducted by 

Executive agencies and not to federally assisted programs.

Substantial impairment means a significant loss of the integrity of finished materials, design quality, or 

special character resulting from a permanent alteration.

§17.510 Self-evaluation.

(a) The agency shall, within one year of the effective date of this part, evaluate, with the assistance of 

interested persons, including persons with disabilities or organizations representing persons with 

disabilities, its current policies and practices, and the effects thereof, that do not or may not meet the 

requirements of this part, and, to the extent modification of any such policies and practices is required, 

the agency shall proceed to make the necessary modifications.

(b) The agency shall, for at least three years following completion of the evaluation required under 

paragraph (a) of this section, maintain on file and make available for public inspection—

(1) A list of the interested persons consulted;

(2) A description of areas examined and any problems identified; and

(3) A description of any modifications made.

§17.511 Notice.

The agency shall make available to employees, applicants, participants, beneficiaries, and other 

interested persons such information regarding the provisions of this part and its applicability to the 

programs or activities conducted by the agency, and make such information available to them in such 

manner as the agency head finds necessary to apprise such persons of the protections against 

discrimination assured them by section 504 and this regulation.

§17.530 General prohibitions against discrimination.

(a) No qualified person with a disability shall, on the basis of disability, be excluded from participation in, 

be denied the benefits of, or otherwise be subjected to discrimination under any program or activity 

conducted by the agency.

(b)(1) The agency, in providing any aid, benefit, or service, may not, directly or through contractual, 

licensing, or other arrangements, on the basis of disability—

(i) Deny a qualified person with a disability the opportunity to participate in or benefit from the 

aid, benefit, or service;

(ii) Afford a qualified person with a disability an opportunity to participate in or benefit from the 

aid, benefit or service that is not equal to that afforded others;

(iii) Provide a qualified person with a disability with an aid, benefit, or service that is not as 

effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to 

reach the same level of achievement as that provided to others;

(iv) Provide different or separate aid, benefits, or services to persons with a disability or to any 

class of persons with a disability than is provided to others unless such action is necessary to 
October 3, 2016 Page 17

provide qualified persons with a disability with aid, benefits, or services that are as effective as 

those provided to others;

(v) Deny a qualified person with a disability the opportunity to participate as a member of 

planning or advisory boards; or

(vi) Otherwise limit a qualified person with a disability in the enjoyment of any right, privilege, 

advantage, or opportunity enjoyed by others receiving the aid, benefit, or service.

(2) The agency may not deny a qualified person with a disability the opportunity to participate in 

programs or activities that are not separate or different, despite the existence of permissibly separate or 

different programs or activities.

(3) The agency may not, directly or through contractual or other arrangements, utilize criteria or methods 

of administration the purpose or effect of which would—

(i) Subject qualified persons with a disability to discrimination on the basis of disability; or

(ii) Defeat or substantially impair accomplishment of the objectives of a program or activity with 

respect to persons with a disability.

(4) The agency may not, in determining the site or location of a facility, make selections the purpose or 

effect of which would—

(i) Exclude persons with a disability from, deny them the benefits of, or otherwise subject them 

to discrimination under any program or activity conducted by the agency; or

(ii) Defeat or substantially impair the accomplishment of the objectives of a program or activity 

with respect to persons with a disability.

(5) The agency, in the selection of procurement contractors, may not use criteria that subject qualified 

persons with a disability to discrimination on the basis of disability.

(6) The agency may not administer a licensing or certification program in a manner that subjects qualified 

persons with a disability to discrimination on the basis of disability, nor may the agency establish 

requirements for the programs or activities of licensees or certified entities that subject qualified persons 

with a disability to discrimination on the basis of disability. However, the programs or activities of entities 

that are licensed or certified by the agency are not, themselves, covered by this part.

(c) The exclusion of nondisabled persons from the benefits of a program limited by Federal statute or 

Executive order to persons with a disability or the exclusion of a specific class of persons with a disability 

from a program limited by Federal statute or Executive order to a different class of persons with a 

disability is not prohibited by this part.

(d) The agency shall administer programs or activities in the most integrated setting appropriate to the 

needs of qualified persons with a disability.

§17.540 Employment.

No qualified person with a disability shall, on the basis of disability, be subjected to discrimination in 

employment under any program or activity conducted by the agency. The definitions, requirements and 

procedures of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), as established by the Equal 

Employment Opportunity Commission in 29 CFR part 1613, shall apply to employment in federally 

conducted programs or activities.
October 3, 2016 Page 18

17.549 Program accessibility: Discrimination prohibited.

Except as otherwise provided in §17.550, no qualified person with a disability shall, because the agency’s 

facilities are inaccessible to or unusable by persons with disabilities, be denied the benefits of, be 

excluded from participation in, or otherwise be subjected to discrimination under any program or activity 

conducted by the agency.

43 CFR 17.550 - Program accessibility: Existing facilities.

(a) General. The agency shall operate each program or activity so that the program or activity, when 

viewed in its entirety, is readily accessible to and usable by persons with a disability. This paragraph does 

not—

(1) Necessarily require the agency to make each of its existing facilities or every part of a facility 

accessible to and usable by persons with a disability;

(2) In the case of historic preservation programs, require the agency to take any action that would result 

in a substantial impairment of significant historic features of an historic property; or

(3) Require the agency to take any action that it can demonstrate would result in a fundamental 

alteration in the nature of a program or activity or in undue financial and administrative burdens. In those 

circumstances where agency personnel believe that the proposed action would fundamentally alter the 

program or activity or would result in undue financial and administrative burdens, the agency has the 

burden of proving that compliance with § 17.550(a) would result in such an alteration or burdens. The 

decision that compliance would result in such alteration or burdens must be made by the agency head or 

his or her designee after considering all agency resources available for use in the funding and operation 

of the conducted program or activity, and must be accompanied by a written statement of the reasons 

for reaching that conclusion. If an action would result in such an alteration or such burdens, the agency 

shall take any other action that would not result in such an alteration or such burdens but would 

nevertheless ensure that persons with disabilities receive the benefits and services of the program or 

activity.

(b) Methods— (1) General. The agency may comply with the requirements of this section through such 

means as redesign of equipment, reassignment of services to accessible locations, assignment of aides to 

beneficiaries, home visits, delivery of services at alternate accessible sites, alteration of existing facilities 

and construction of new facilities, use of accessible rolling stock, or any other methods that result in 

making its programs or activities readily accessible to and usable by persons with a disability. The agency 

is not required to make structural changes in existing facilities where other methods are effective in 

achieving compliance with this section. The agency, in making alterations to existing buildings, shall meet 

accessibility requirements to the extent compelled by the Architectural Barriers Act of 1968, as amended 

(42 U.S.C. 4151-415 7) and any regulations implementing it. In choosing among available methods for 

meeting the requirements of this section, the agency shall give priority to those methods that offer 

programs and activities to qualified persons with disabilities in the most integrated setting appropriate.

(2) Historic preservation programs. In meeting the requirements of paragraph (a) of this section in historic 

preservation programs, the agency shall give priority to methods that provide physical access to persons 

with a disability. In cases where a physical alteration to an historic property is not required because of 

paragraph (a)(2) or (a)(3) of this section, alternative, methods of achieving program accessibility include—
October 3, 2016 Page 19

(i) Using audio-visual materials and devices to depict those portions of an historic property that 

cannot otherwise be made accessible.

(ii) Assigning persons to guide persons with disabilities into or through portions of historic 

properties that cannot otherwise be made accessible; or

(iii) Adopting other innovative methods.

(3) Recreation programs. In meeting the requirements of paragraph (a) in recreation programs, the 

agency shall provide that the program or activity, when viewed in its entirety, is readily accessible to and 

usable by persons with a disability. When it is not reasonable to alter natural and physical features, 

accessibility may be achieved by alternative methods as noted in paragraph (b)(1) of this section.

(c) Time period for compliance. The agency shall comply with the obligations established under this 

section within sixty (60) days of the effective date of this part except that where structural changes in 

facilities are necessary, such changes shall be made within three years of the effective date of this part, 

but in any event as expeditiously as possible.

(d) Transition plan. In the event that structural changes to facilities are necessary to achieve program 

accessibility, the agency shall develop, within six months of the effective date of this part, a transition 

plan setting forth the steps necessary to complete such changes. The plan shall be developed with the 

assistance of interested persons, including persons with disabilities or organizations representing persons 

with a disability. A copy of the transition plan shall be made available for public inspection. The plan shall, 

at a minimum—

(1) Identify physical obstacles in the agency's facilities that limit the accessibility of its programs 

or activities to persons with a disability;

(2) Describe in detail the methods that will be used to make the facilities accessible;

(3) Specify the schedule for taking the steps necessary to achieve compliance with this section 

and, if the time period of the transition plan is longer than one year, identify steps that will be 

taken during each year of the transition period;

(4) Indicate the official responsible for implementation of the plan; and

(5) Identify the persons or groups with whose assistance the plan was prepared.

§17.551 Program accessibility: New construction and alterations.

Each building or part of a building that is constructed or altered by, on behalf of, or for the use of the 

agency shall be designed, constructed, or altered so as to be readily accessible to and usable by persons 

with a disability. The definitions, requirements, and standards of the Architectural Barriers Act (42 U.S.C. 

4151-4157) as established in 41 CFR 101-19.600 to 101-19.607 apply to buildings covered by this section.

§17.560 Communications.

(a) The agency shall take appropriate steps to ensure effective communication with applicants, 

participants, personnel of other Federal entities, and members of the public.

(1) The agency shall furnish appropriate auxiliary aids where necessary to afford a person with a disability 

an equal opportunity to participate in, and enjoy the benefits of, a program or activity conducted by the 

agency.

(i) In determining what type of auxiliary aid is necessary, the agency shall give primary 

consideration to the requests of the person with a disability.

(ii) The agency need not provide individually prescribed devices, readers for personal use or 

study, attendant services, or other devices of a personal nature.
October 3, 2016 Page 20

(2) Where the agency communicate with applicants and beneficiaries by telephone, telecommunications 

devices for deaf persons (TDD's) or equally effective telecommunication systems shall be used.

(b) The agency shall ensure that interested persons, including persons with impaired vision or hearing, 

can obtain information as to the existence and location of accessible services, activities, and facilities.

(c) The agency shall provide signage at a primary entrance to each of its inaccessible facilities, directing 

users to a location at which they can obtain information about accessible facilities. The international 

symbol for accessibility shall be used at each primary entrance of an accessible facility.

(d) This section does not require the agency to take any action that it can demonstrate would result in a 

fundamental alteration in the nature of a program or activity or in undue financial and administrative

burdens. In those circumstances where agency personnel believe that the proposed action would 

fundamentally alter the program or activity or would result in undue financial and administrative 

burdens, the agency has the burden of proving that compliance with §17.560 would result in such 

alteration or burdens. The decision that compliance would result in such alteration or burdens must be 

made by the agency head or his or her designee after considering all agency resources available for use in 

the funding and operation of the conducted program or activity, and must be accompanied by a written 

statement of the reasons for reaching that conclusion. If an action required to comply with this section 

would result in such alteration or such burdens, the agency shall take any other action that would not 

result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent 

possible, persons with disabilities receive the benefits and services of the program or activity.

§17.570 Compliance procedures.

(a) Except as provided in paragraph (b) of this section, this section applies to all allegations of 

discrimination on the basis of disability in programs or activities conducted by the agency.

(b) The agency shall process complaints alleging violations of section 504 with respect to employment 

according to the procedures established by the Equal Employment Opportunity Commission in 29 CFR 

part 1613 pursuant to section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791).

(c) Responsibility for implementation and operation of this section shall be vested in the Director of the 

Office for Equal Opportunity. Complaints filed pursuant to this section shall be delivered or mailed to the 

Director, Office for Equal Opportunity, U.S. Department of the Interior, Washington, DC 20240. If any 

agency official other than the Director of the Office for Equal Opportunity receives a complaint, he or she 

shall immediately forward the complaint to the agency's Director of the Office for Equal Opportunity.

(d)(1) The agency shall accept and investigate all complete complaints for which it has jurisdiction. All 

complete complaints must be filed within 180 days of the alleged act of discrimination. The agency may 

extend this time period for good cause.

(2) If the agency Director for the Office of Equal Opportunity receives a complaint that is not complete, he 

or she shall notify the complainant, within thirty (30) days of receipt of the incomplete complaint, that 

additional information is needed. If the complainant fails to complete and submit the requested 

information within thirty (30) days of receipt of this notice the agency Director of the Office for Equal 

Opportunity shall dismiss the complaint without prejudice.
October 3, 2016 Page 21

(3) The agency Director of the Office for Equal Opportunity may require agency employees to cooperate 

and participate in the investigation and resolution of complaints. Employees who are required to 

cooperate and participate in any investigation under this section shall do so as part of their official duties.

(e) If the agency receives a complaint over which it does not have jurisdiction, it shall promptly notify the 

complainant and shall refer the complaint to the appropriate government entity.

(f) The agency shall notify the Architectural and Transportation Barriers Compliance Board upon receipt 

of any complaint alleging that a building or facility that is subject to the Architectural Barriers Act of 1968, 

as amended (42 U.S.C. 4151-4157), or section 502 of the Rehabilitation Act of 1973, as amended (29 

U.S.C. 792), is not readily accessible to and usable by persons with a disability.

(g) Within 180 days of the receipt of a complete complaint for which it has jurisdiction, the agency shall 

notify the complainant of the results of the investigation in a letter containing—

(1) Findings of fact and conclusions of law:

(2) A description of a remedy for each violation found; and

(3) A notice of the right to appeal.

(h) Appeals of the findings of fact and conclusions of law or remedies must be filed by the complainant 

within ninety (90) days of receipt from the agency of the letter required by §17.570(g). The agency may 

extend this time for good cause.

(i) Timely appeals shall be accepted and processed by the Under Secretary.

(j) The agency shall notify the complainant of the results of the appeal within sixty (60) days of the receipt 

of the request. If the agency determines that it needs additional information from the complainant, it 

shall have sixty (60) days from the date it receives the additional information to make its determination 

on the appeal.

(k) The time limits cited in paragraphs (g) and (j) of this may be extended for an individual case when the 

Under Secretary determines that there is good cause, based on the particular circumstances of that case, 

for the extension.

(l) The agency may delegate its authority for conducting complaint investigations to other Federal 

agencies, except that the authority for making the final determination may not be delegated.

Section 508 Standards for Electronic and Information Technology

Section 508 standards apply to electronic and information technology procured by the federal 

government, including computer hardware and software, websites, phone systems, and copiers. They 

were issued under section 508 of the Rehabilitation Act, which requires access for both members of the 

public and federal employees to such technologies when developed, procured, maintained, or used by 

federal agencies.

The section 508 standards are part of the Federal Acquisition Regulation (FAR) and address access for 

people with physical, sensory, or cognitive disabilities. They contain technical criteria specific to various 

types of technologies and performance-based requirements that focus on functional capabilities of 
October 3, 2016 Page 22

covered products. Specific criteria cover software applications and operating systems, web-based 

information and applications, computers, telecommunications products, video and multi-media, and selfcontained closed products.

Setting Priorities - Federal Management Regulation (FMR), Subchapter C—Real Property, Part 102-

76—Design and Construction, Subpart C—Architectural Barriers Act

§102-76.60—To which facilities does the Architectural Barriers Act apply?

(a) The Architectural Barriers Act applies to any facility that is intended for use by the public or that may 

result in the employment or residence therein of individuals with disabilities, which is to be—

(1) Constructed or altered by, or on behalf of, the United States;

(2) Leased in whole or in part by the United States;

(3) Financed in whole or in part by a grant or loan made by the United States, if the building or facility is 

subject to standards for design, construction, or alteration issued under the authority of the law 

authorizing such a grant or loan; or

(4) Constructed under the authority of the National Capital Transportation Act of 1960, the National 

Capital Transportation Act of 1965, or Title III of the Washington Metropolitan Area Transit Regulation 

Compact.

(b) The Architectural Barriers Act does not apply to any privately owned residential facility unless leased 

by the Government for subsidized housing programs, and any facility on a military reservation designed 

and constructed primarily for use by able bodied military personnel.

§102-76.65—What standards must facilities subject to the Architectural Barriers Act meet?

(a) GSA adopts Appendices C and D to 36 CFR part 1191 (ABA Chapters 1 and 2, and Chapters 3 through 

10) as the Architectural Barriers Act Accessibility Standard (ABAAS). Facilities subject to the Architectural 

Barriers Act (other than facilities described in paragraphs (b) and (c) of this section) must comply with 

ABAAS as set forth below: 

(1) For construction or alteration of facilities subject to the Architectural Barriers Act (other than Federal 

lease-construction and other lease actions described in paragraphs (a)(2) and (3), respectively, of this 

section), compliance with ABAAS is required if the construction or alteration commenced after May 8, 

2006. If the construction or alteration of such a facility commenced on or before May 8, 2006, compliance 

with the Uniform Federal Accessibility Standards (UFAS) is required. 

(2) For Federal lease-construction actions subject to the Architectural Barriers Act, where the 

Government expressly requires new construction to meet its needs, compliance with ABAAS is required 

for all such leases awarded on or after June 30, 2006. UFAS compliance is required for all such leases 

awarded before June 30, 2006.
October 3, 2016 Page 23

(3) For all other lease actions subject to the Architectural Barriers Act (other than those described in 

paragraph (a)(2) of this section), compliance with ABAAS is required for all such leases awarded pursuant 

to solicitations issued after February 6, 2007. UFAS compliance is required for all such leases awarded 

pursuant to solicitations issued on or before February 6, 2007.

(b) Residential facilities subject to the Architectural Barriers Act must meet the standards prescribed by 

the Department of Housing and Urban Development.

(c) Department of Defense and United States Postal Service facilities subject to the Architectural Barriers 

Act must meet the standards prescribed by those agencies.

§102-76.70—When are the costs of alterations to provide an accessible path of travel to an altered 

area containing a primary function disproportionate to the costs of the overall alterations for facilities 

subject to the standards in §102-76.65(a)? 

For facilities subject to the standards in §102-76.65(a), the costs of alterations to provide an accessible 

path of travel to an altered area containing a primary function are disproportionate to the costs of the 

overall alterations when they exceed 20 percent of the costs of the alterations to the primary function 

area. If a series of small alterations are made to areas containing a primary function and the costs of any 

of the alterations considered individually would not result in providing an accessible path of travel to the 

altered areas, the total costs of the alterations made within the three year period after the initial 

alteration must be considered when determining whether the costs of alterations to provide an 

accessible path of travel to the altered areas are disproportionate. Facilities for which new leases are 

entered into must comply with F202.6 of the Architectural Barriers Act Accessibility Standard without 

regard to whether the costs of alterations to comply with F202.6 are disproportionate to the costs of the 

overall alterations. 

§102-76.75—What costs are included in the costs of alterations to provide an accessible path of travel 

to an altered area containing a primary function for facilities subject to the standards in §102-76.65(a)? 

For facilities subject to the standards in §102-76.65(a), the costs of alterations to provide an accessible 

path of travel to an altered area containing a primary function include the costs associated with—

(a) Providing an accessible route to connect the altered area and site arrival points, including but not 

limited to interior and exterior ramps, elevators and lifts, and curb ramps;

(b) Making entrances serving the altered area accessible, including but not limited to widening doorways 

and installing accessible hardware;

(c) Making restrooms serving the altered area accessible, including, but not limited to, enlarging toilet 

stalls, installing grab bars and accessible faucet controls, and insulating pipes under lavatories;

(d) Making public telephones serving the altered area accessible, including, but not limited to, placing 

telephones at an accessible height, and installing amplification devices and TTYs;
October 3, 2016 Page 24

(e) Making drinking fountains serving the altered area accessible; and

(f) Making parking spaces serving the altered area accessible.

§102-76.80—What is required if the costs of alterations to provide an accessible path of travel to an 

altered area containing a primary function are disproportionate to the costs of the overall alterations 

for facilities subject to the standards in §102-76.65(a)? 

For facilities subject to the standards in §102-76.65(a), if the costs of alterations to provide an accessible 

path of travel to an altered area containing a primary function are disproportionate to the costs of the 

overall alterations, the path of travel must be made accessible to the extent possible without exceeding 

20 percent of the costs of the alterations to the primary function area. Priority should be given to those 

elements that will provide the greatest access in the following order: 

(a) An accessible route and an accessible entrance;

(b) At least one accessible restroom for each sex or a single unisex restroom;

(c) Accessible telephones;

(d) Accessible drinking fountains; and

(e) Accessible parking spaces.

§102-76.85—What is a primary function area for purposes of providing an accessible route in leased 

facilities subject to the standards in §102-76.65(a)? 

For purposes of providing an accessible route in leased facilities subject to the standards in §102-76.65(a), 

a primary function area is an area that contains a major activity for which the leased facility is intended. 

Primary function areas include areas where services are provided to customers or the public, and offices 

and other work areas in which the activities of the Federal agency using the leased facility are carried out. 

§102-76.90—Who has the authority to waive or modify the standards in §102-76.65(a)? 

The Administrator of General Services has the authority to waive or modify the standards in §102-

76.65(a) on a case-by-case basis if the agency head or GSA department head submits a request for waiver 

or modification and the Administrator determines that the waiver or modification is clearly necessary. 

§102-76.95—What recordkeeping responsibilities do Federal agencies have?

(a) The head of each Federal agency must ensure that documentation is maintained on each contract, 

grant or loan for the design, construction or alteration of a facility and on each lease for a facility subject 

to the standards in §102-76.65(a) containing one of the following statements: 

(1) The standards have been or will be incorporated in the design, the construction or the alteration.
October 3, 2016 Page 25

(2) The grant or loan has been or will be made subject to a requirement that the standards will be 

incorporated in the design, the construction or the alteration.

(3) The leased facility meets the standards, or has been or will be altered to meet the standards.

(4) The standards have been waived or modified by the Administrator of General Services, and a copy of 

the waiver or modification is included with the statement.

(b) If a determination is made that a facility is not subject to the standards in §102-76.65(a) because the 

Architectural Barriers Act does not apply to the facility, the head of the Federal agency must ensure that 

documentation is maintained to justify the determination. 

Concessions

Title 28 → Chapter I → Part 36. TITLE 28—Judicial Administration

CHAPTER I—DEPARTMENT OF JUSTICE

PART 36—NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS AND IN 

COMMERCIAL FACILITIES 

28 C.F.R. Part 36 - New Accessibility Requirements for Concessioners with 

Lodging and Tools to Evaluate Accessibility Compliance

United States Department of the Interior 

NATIONAL PARK SERVICE 1849 C Street, N.W. Washington, D.C. 20240 

FEB 15 2012 

Memorandum 

To: Regional Concession Chiefs 

From: Chief, Commercial Services Program 

Subject: New Accessibility Requirements for Concessioners with Lodging and Tools to Evaluate Accessibility Compliance 

This memorandum provides information on new accessibility regulations that are applicable to some National 

Park Service (NPS) concessioners. The memorandum also identifies Commercial Services program tools to 

assist concession specialists in overseeing concessioner performance in this area. 

New Regulations 

New accessibility regulations (28 C.F.R. § 36, Nondiscrimination on the Basis of Disability by Public 

Accommodations and in Commercial Facilities) will go into effect March 15,2012. They address requirements to 

make reservation systems more accessible and requirements for service animals in lodging facilities. A summary of 

the new regulatory requirements (Attachment 1) is provided as an attachment to this memorandum. Concession 

specialists should contact their concessioners to make them aware of these new regulations. 
October 3, 2016 Page 26

Compliance Oversight and Tools 

Accessibility requirements are extensive and complex. It can be challenging for concession specialists to know what 

key things to look for concerning accessibility when conducting periodic evaluations of concession facilities. 

Several tools are available to aid concession specialists. 

A one-page NPS Commercial Services Accessibility Fact Sheet (Attachment 2) is provided as an 

attachment to this memorandum. This fact sheet outlines the laws, regulations and policies related to 

accessibility in NPS commercial services facilities. 

Also attached are Commercial Services Accessibility Checklists for lodging, food and beverage and retail services 

(Attachment 3). Additional checklists are being developed for other services. The checklists highlight key 

operational and facility compliance items that may be reviewed during periodic inspections. These checklists 

augment the service-specific standards and evaluation forms which may also identify some key accessibility 

requirements to check. The fact sheet and checklists will be available on the NPS Commercial Services SharePoint 

Site in the Contract Management Concession Specialist Toolbox. 

In addition to these fact sheets, concession specialists should refer to their concession's Comprehensive 

Condition Assessment. This document identifies accessibility design and construction requirements and 

deficiencies specific to each of their concessioner assigned facilities. Finally, if concession specialists have 

questions, they can contact their regional accessibility coordinator for further assistance. A list of these coordinators 

is available on the Inside NPS Accessibility Management site. 

Distribution and Questions 

Please distribute this memorandum to parks in your region. For further information, contact Kurt Rausch, Contract 

Management Branch Chief, at 202/513-7202

Attachment 1

SUMMARY OF NEW ACCESSIBILITY REQUIREMENTS in 28 C.F.R. Part 36

Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities

Highlights of the new requirements which have applicability to NPS concessioners are provided below.

• Concessioners that operate a place of lodging must ensure that individuals with disabilities can make 

reservations for accessible guest rooms during the same hours and in the same manner as individuals 

who do not need accessible rooms, whether through telephone, in-person, on-line, or third party 

systems. This means if a concessioner has an online reservation system for individuals without 

disabilities, this service must also be accessible to individuals who are disabled.

• The concessioner’s reservation systems must identify and describe the accessible features in the 

lodging and the guest rooms offered through its reservation service in enough detail to reasonably 

permit individuals with disabilities to assess independently where the hotel or guest room meets their 

accessibility needs.

• The reservation system must ensure that accessible guest rooms are held for use by individuals with 

disabilities until all other guest rooms of that type have been rented and the accessible rooms are the 
October 3, 2016 Page 27

only remaining room of that type in inventory. This means the practice of releasing accessible rooms 

from the inventory to individuals without accessibility needs in advance is not permissible.

• The reservation system must be able to reserve accessible guest rooms and ensure the guest rooms 

requested are blocked and removed from all reservation systems. The reservation system must also 

guarantee that the specific accessible guest room reserved is held for the reserving customer.

• In addition to the lodging reservations requirement, the new regulations also includes a clarification 

that service animals refer to dogs and requirements that ticket sales for events must meet accessibility 

requirements.

Although the reservation system requirements apply specifically to lodging operations, they may also be 

appropriate for other concession service reservation systems as part of their program to provide 

reasonable accommodation under the Americans with Disabilities Act.

The bullets above provide summary information only. Concessioners are responsible for meeting all 

applicable laws including those related to accessibility. Concessioners should be encouraged to review 

the complete regulation and develop their own programs to meet these requirements.

Attachment 2 

NATIONAL PARK SERVICE (NPS) COMMERCIAL SERVICES 

ACCESSIBILITY FACT SHEET 

Accessibility Law 

The Americans with Disabilities Act (ADA) is the Federal civil rights law established in 1990 that prohibits 

the exclusion of people with disabilities from everyday activities in public accommodations. This law 

extended requirements established under the Architectural Barriers Act of 1968 and Section 504 of the 

Rehabilitation Act of 1973. The ADA requires businesses such as concessioners to make “reasonable 

modifications” that are “readily achievable” to their usual ways of doing business to accommodate 

people with disabilities. Any modification that would result in a “fundamental alteration” to the essential 

nature of the business is not required. Concession businesses and facilities must comply with ADA 

accessibility regulations for operations and facilities. 

Accessibility Regulations 

Regulations implementing ADA are contained in Nondiscrimination on the Basis of Disability by Public 

Accommodations and in Commercial Facilities. They first went into effect on January 26, 1992, and cover 

both facilities and operational program requirements. In 2010, the Department of Justice issued 

revisions to the existing ADA regulations that clarified the definition of service animals, established new 

lodging reservation system requirements, event ticketing, and swimming pool accessibility requirements 

as well as updating technical design standards in the 2010 ADA Standards for Accessible Design. 28 CFR, 

Part 36, 
October 3, 2016 Page 28

Accessibility Policy and Contractual Requirements 

In accordance with NPS Management Policies 2006, Section 10.2.6.2 Accessibility of Commercial Services, 

concessioners share the NPS’ responsibility to provide employees and visitors with the greatest degree 

of access to programs, facilities, and services that is reasonable, within the terms of existing contracts 

and agreements. In addition to compliance with requirements in laws and regulations, concessioners 

may be subject to applicable NPS policy on accessibility. For example, Directors Order #42, Accessibility 

for Visitors with Disabilities in National Park Service Programs and Services and associated guidance such 

as the NPS Guide for Accessible Transportation Systems establish accessibility requirements that exceed 

the legal requirements. Park-specific requirements may also be stipulated in the contract. 

Accessibility Information Sources 

The NPS Accessibility Management Program contains information and links on accessibility compliance. 

For additional compliance guidance on ADA business accommodations go to the U.S. Department of 

Justice (DOJ) ADA Home Page. The DOJ also operates a toll-free ADA Information Line (800-514-0301 

voice and 800-514-0383 TDD) to help businesses with their ADA compliance effort. In addition, 10 

regional centers funded by the Department of Education are available to provide technical assistance on 

the ADA. One toll free number connects to the center in your region: 800-949-4232 (voice & TTY). 

Accessibility Checklists 

The purpose of the NPS Commercial Services ADA Accessibility Checklists is to provide a handy reference 

for Concession Specialists to help identify some key visitor accommodation requirements required under 

the ADA and the new updated ADA regulations. Checklists are developed for key concession services. 

The checklists may be an assistance tool for concession specialists evaluating concession facilities and 

operations during periodic inspections. The checklists identify key issues to look for but do not include all 

requirements. Concessioners are responsible for understanding and complying with the full scope of 

regulatory requirements including those under the ADA.

Attachment 3

Note: This checklist identifies key accessibility requirements for use by NPS Concession 

Specialists in understanding and evaluating concession facilities and operations. It is not a 

comprehensive listing of all accessibility requirements. Concessioners are responsible for 

understanding and complying with all Applicable Laws and Concession Contract terms.

GENERAL PROVISIONS - ALL PUBLIC ACCOMMODATIONS

REQUIREMENTS NOTES

1. Service Animals used by disabled customers are allowed access to all public business

facilities and service areas. Service animals are defined as dogs specially trained to do

work or perform a task for an individual with a disability.
October 3, 2016 Page 29

2. Wheel chairs and Mobility Devices (include manually-operated or power wheelchairs

and scooters) used by people with disabilities are allowed access to all areas where

customers are permitted.

3. Communications with Visitors include ways to effectively communicate to customers

with vision, hearing, and speech disabilities.

4. Accessible Parking Spaces are provided for cars and vans in numbersrequired by the

ADA according to the size of the parking area (see attached Chart #1). Under the 2010

Standards, one of every six accessible spaces must be van accessible. An accessible

parking space must have an access aisle, which allows a person using a wheelchair or

other mobility device to get in and out of the car or van.

5. Accessible Entrances are available to disabled customers. If the main entrance cannot

be made accessible, an alternate accessible entrance can be used. A sign should be

posted at the inaccessible entrance directing individualsto accessible entrances.

Accessible entrances are open whenever the other public entrances are open.

6. Accessible Routes are available to persons with disability. This is the route a disabled

person takes to enter and move through a business. The route must be at least three

feet wide and not be blocked by items such as vending or ice machines, display racks,

furniture, or potted plants. Similarly, accessible toilet stalls, dressing rooms, or counters

at a cash register must not be cluttered with merchandise or supplies.

7. Accessible Restrooms are provided in each public and/or employee facility with at

least one accessible stall/toilet, one accessible lavatory, and urinal, if provided.

8. Accessible Interior Directional and Location Signs are provided and wall mounted at

accessible levels for people who are blind or have low vision.

9. Accessible Public and House Telephone are available (appliesto telephonesinside

and/or outside the business facility.)

10. Accessible Elevators are provided if the building has more than two stories,

including a basement. A full-size passenger elevatorshould serve each level of the

facility including the basement. Elevators should have floor designation signs placed on

both jambs of elevator hoistway entrances with floor designation in raised letter and

Braille characters. Elevators should be equipped with audible tones/bells or verbal 

enunciatorsthat designate floor passage/arrival. Elevators must also have an accessible

emergency communication system that does not require only voice communication (i.e.

either TTY system or a system of emergency lights with signs).

11. Reasonable Modificationsto facilities and operationsthat are readily achievable

have made to accommodate people with disabilitiesin accordance with the ADA.

12. NPS Accessibility Policy requirements applicable to the Service are met.

13. Concession Contract Terms that specify other accessibility requirements are met.

Chart #1 Accessible Parking Requirements

(2010 ADA standards)

Total Spaces in Lot Accessible Spaces Required

1 - 25 1 van

26 - 50 1 std. + 1 van

51 - 75 2 std. + 1 van

76 - 100 3 std. + 1 van

101 - 150 4 std. + 1 van

151 - 200 5 std. + 1 van

201 - 300 6 std. + 1 van

301 - 400 7 std. + 1 van
October 3, 2016 Page 30

401 - 500 7 std. + 2 van

501 - 1000 2% of total spaces*

Standard Accessible (std.) parking space is 8 foot

minimum + 5 foot access aisle

*One in every 8 accessible parking spaces must be van

accessible space with an 8 foot wide access aisle.

Universal Design and Accessibility in the NPS Management Policies 2006

1 The Foundation

Beginning with Yellowstone, the idea of a national park was an American invention of historic 

consequences. The areas that now make up the national park system, and those that will be added in 

years to come, are cumulative expressions of a single national heritage. The National Park Service must 

manage park resources and values in such manner and by such means as will leave them unimpaired for 

the enjoyment of future generations.

1.9.2 Managing Information

The future of individual parks and of the Service as an accountable organization depends heavily on (1) 

the availability, management, and dissemination of comprehensive information, and (2) the Service’s 

success in the long-term preservation of, management of, and access to that information. NPS 

information resources exist in a variety of different media, including paper records, electronic 

documents, maps, databases, photographs, videos, and audio recordings. The Service will implement 

professional quality programs to preserve, manage, and integrate these resources and make them 

accessible. The Service will also use tools and technologies that will enhance

· information capture in permanent and durable forms;

· information management that is required by NPS policy and by legal and professional 

standards, including information security;

· management of electronic, textual, and audiovisual information resources, including still 

images, for continuous accessibility by NPS staff and the public;

· Internet and World Wide Web capabilities, while maintaining information security;

· geographic information systems (GIS);

· the understanding and management of the nation’s natural and cultural resources; and

· the accessibility and availability of information to persons with disabilities.

1.9.3 Accessibility for Persons with Disabilities
October 3, 2016 Page 31

All practicable efforts will be made to make NPS facilities, programs, services, employment, and 

meaningful work opportunities accessible and usable by all people, including those with disabilities. This 

policy reflects the commitment to provide access to the widest cross section of the public and ensure 

compliance with the Architectural Barriers Act of 1968, the Rehabilitation Act of 1973, the Equal 

Employment Opportunity Act of 1972, and the Americans with Disabilities Act of 1990. Specific guidance 

for implementing these laws is found in the Secretary of the Interior’s regulations regarding 

enforcement of nondiscrimination on the basis of disability in Department of the Interior programs (43 

CFR Part 17, Subpart E), and the General Services Administration’s regulations adopting accessibility 

standards for the Architectural Barriers Act (41 CFR Part 102-76, Subpart C).

A primary principle of accessibility is that, to the highest degree practicable, people with disabilities 

should be able to participate in the same programs, activities, and employment opportunities available 

to everyone else. In choosing among methods of providing accessibility, higher priority will be given to 

methods that offer programs and activities in the most integrated setting appropriate. Special, 

separate, or alternative facilities, programs, or services will be provided only when existing ones cannot 

reasonably be made accessible. The determination of what is practicable will be made only after careful 

consultation with persons with disabilities or their representatives. Any decision that would result in less 

than equal opportunity is subject to the filing of an official disability rights complaint under the 

departmental regulations cited above.

1.9.5.2 Facilities

The National Park Service will provide visitor and administrative facilities that are necessary, 

appropriate, and consistent with the conservation of park resources and values. Facilities will be 

harmonious with park resources, compatible with natural processes, esthetically pleasing, functional, 

energy- and water-efficient, cost-effective, universally designed, and as welcoming as possible to all 

segments of the population. Park facilities and operations of all sizes will demonstrate environmental 

leadership by incorporating sustainable practices to the maximum extent practicable in planning, design, 

siting, construction, and maintenance.

2 Park System Planning

3 Land Protection

4 Natural Resource Management

5 Cultural Resource Management

The National Park Service will protect, preserve, and foster appreciation of the cultural resources in its 

custody and demonstrate its respect for the peoples traditionally associated with those resources 

through appropriate programs of research, planning, and stewardship.

5.3.2 Physical Access for Persons with Disabilities
October 3, 2016 Page 32

The National Park Service will provide persons with disabilities the highest feasible level of physical 

access to historic properties that is reasonable, consistent with the preservation of each property’s 

significant historical features. Access modifications for persons with disabilities will be designed and 

installed to least affect the features of a property that contribute to its significance. Modifications to 

some features may be acceptable in providing access once a review of options for the highest level of 

access has been completed. However, if it is determined that modification of particular features would 

impair a property’s integrity and character in terms of the Advisory Council’s regulations at 36 CFR 

800.9, such modifications will not be made. To the extent possible, modifications for access will benefit 

the greatest number of visitors, staff, and the public, and be integrated with or close to the primary path 

of travel for entrances and from parking areas. In situations where access modifications cannot be 

made, alternative methods of achieving program access will be adopted.

6 Wilderness Preservation and Management

All NPS lands will be evaluated for their eligibility for inclusion within the national wilderness 

preservation system. For those lands that possess wilderness characteristics, no action that would 

diminish their wilderness eligibility will be taken until after Congress and the President have taken final 

action. The superintendent of each park containing wilderness will develop and maintain a wilderness 

management plan or equivalent document. Wilderness considerations will be integrated into all planning 

documents to guide the preservation, management, and use of the park’s wilderness area and ensure 

that wilderness is unimpaired for future use and enjoyment as wilderness.

6.4.10 Accessibility for Persons with a disability

The National Park Service has legal obligations to make available equal opportunities for people with 

disabilities in all programs and activities. This requirement includes the opportunity to participate in 

wilderness experiences. Management decisions responding to requests for special consideration to 

provide wilderness use by persons with a disability must be in accord with the Architectural Barriers Act 

of 1968, the Rehabilitation Act of 1973 (as amended in 1978), and section 507(c) of the Americans with 

Disabilities Act of 1990 (42 USC 12207(c)). Such decisions should balance the intent of access and 

wilderness laws and find a way of providing the highest level of protection to the wilderness resource.

Section 17.550 of the Secretary of the Interior’s regulations regarding the enforcement of 

nondiscrimination on the basis of disability in Department of Interior programs (43 CFR Part 17, subpart 

E) states that agencies are not required to take any actions or provide access that would result in a 

fundamental alteration in the nature of a program or activity. However, the agency has the burden of 

proving that compliance would result in a fundamental alteration. This concept is also found in section 

507 of the Americans with Disabilities Act.

7 Interpretation and Education
October 3, 2016 Page 33

National parks are among the most remarkable places in America for recreation, learning, and 

inspiration. Interpretive programs are the methods the Service uses to connect people to their parks, with 

opportunities for all visitors to form their own intellectual, emotional, and physical connections to the 

meanings and values found in the parks’ stories. Facilitating those opportunities through effective 

interpretive and educational programs will encourage the development of a personal stewardship ethic 

and broaden public support for preserving and protecting park resources so that they may be enjoyed by 

present and future generations.

7.5.2 Access to Interpretive and Educational Opportunities

National parks belong to all of the nation’s people and should have opportunities to enjoy them. Efforts 

will be made to ensure that interpretive and educational programs are available to all people and 

consider the special needs of children, senior citizens, non-English speaking visitors, and the 

economically disadvantaged. Foreign-language translations of park publications will be provided as 

needed in those parks visited by substantial numbers of non-English-speaking visitors.

The National Park Service will also ensure that persons with disabilities receive the same interpretive 

opportunities as those without disabilities. Interpretive and educational programs, exhibits, 

publications, and all other interpretive media will comply with Department of the Interior regulations 

at 43 CFR Part 17, subpart E, and with standards required by the Architectural Barriers Act of 1968. 

Accordingly, the Park Service will ensure that persons with disabilities have the opportunity to 

participate in all programs and activities in the most integrated setting appropriate. Additionally, the 

Service will take all feasible steps to ensure effective communication with individuals with hearing, 

visual, and cognitive disabilities. These steps should include but not be limited to providing sign 

language interpreters, audio/visual presentations, Braille, and large-print versions of printed materials.

8 Use of the Parks

National parks belong to all Americans, and the National Park Service will welcome all Americans to 

experience their parks. The Service will focus special attention on visitor enjoyment of the parks while 

recognizing that the NPS mission is to conserve unimpaired each park’s natural and cultural resources 

and values for the enjoyment, education, and inspiration of present and future generations. The Service 

will also welcome international visitors, in keeping with its commitment to extend the benefits of natural 

and cultural resource conservation and outdoor recreation throughout the world.

8.2 Visitor Use

Enjoyment of park resources and values by the people of the United States is part of the fundamental 

purpose of all parks. The Service is committed to providing appropriate, high-quality opportunities for 

visitors to enjoy the parks, and the Service will maintain within the parks an atmosphere that is open, 

inviting, and accessible to every segment of American society. However, many forms of recreation 
October 3, 2016 Page 34

enjoyed by the public do not require a national park setting and are more appropriate to other venues. 

The Service will therefore

· provide opportunities for forms of enjoyment that are uniquely suited and appropriate to the 

superlative natural and cultural resources found in the parks;

· defer to local, state, tribal, and other federal agencies; private industry; and 

nongovernmental organizations to meet the broader spectrum of recreational needs and 

demands.

· To provide for enjoyment of the parks, the National Park Service will encourage visitor 

activities that

· are appropriate to the purpose for which the park was established; and

· are inspirational, educational, or healthful, and otherwise appropriate to the park 

environment; and

· will foster an understanding of and appreciation for park resources and values, or will 

promote enjoyment through a direct association with, interaction with, or relation to park 

resources; and

· can be sustained without causing unacceptable impacts to park resources or values.

8.2.4 Accessibility for Persons with Disabilities

All reasonable efforts will be undertaken to make NPS facilities, programs, and services accessible to and 

usable by all people, including those with disabilities. This policy reflects the commitment to provide 

access to the widest cross section of the public, and to ensure compliance with the intent of 

the Architectural Barriers Act of 1968 and the Rehabilitation Act of 1973. The Service will also comply 

with section 507 of the Americans with Disabilities Act of 1990 (42 USC 12207), which relates specifically 

to the operation and management of federal wilderness areas. Specific guidance for implementing these 

laws is found in the Secretary of the Interior’s regulations regarding enforcement of nondiscrimination 

on the basis of disability in Department of the Interior programs (43 CFR Part 17, Subpart E), and 

General Service Administration regulations adopting accessibility standards for the Architectural Barriers 

Act (41 CFR Part 102-76, Subpart C).

One primary tenet of accessibility is that, to the highest degree reasonable, people with disabilities 

should be able to participate in the same programs and activities available to everyone else. In choosing 

among methods for providing accessibility, higher priority will be given to those methods that offer 

programs and activities in the most integrated setting appropriate. Special, separate, or alternative 

facilities, programs, or services will be provided only when existing ones cannot reasonably be made 

accessible. The determination of what is reasonable will be made only after careful consultation with 
October 3, 2016 Page 35

persons with disabilities or their representatives. Any decision that would result in less than equal 

opportunity is subject to the filing of an official disability rights complaint under the departmental 

regulations cited above.

9 Park Facilities

The National Park Service will provide visitor and administrative facilities that are necessary, 

appropriate, and consistent with the conservation of park resources and values. Facilities will be 

harmonious with park resources, compatible with natural processes, esthetically pleasing, functional, 

energy- and water-efficient, cost-effective, universally designed, and as welcoming as possible to all 

segments of the population. NPS facilities and operations will demonstrate environmental leadership by 

incorporating sustainable practices to the maximum extent practicable in planning, design, siting, 

construction, and maintenance.

9.1.1 Facility Planning and Design

The protection of each park’s resources and values will be the primary consideration in facility 

development decisions. Facilities for visitor use and park management will be consistent with each 

park’s authorizing legislation, and with approved general management plans, development concept 

plans, and associated planning documents. The planning and design of park facilities will be 

accomplished by interdisciplinary teams constituted to meet the resource stewardship, programmatic, 

and technical requirements of the project. Public input will be sought at the earliest stage of planning 

and design, particularly in those cases where controversy is likely.

Designs for park facilities, regardless of their origin (NPS, contractor, concessioner, or other), will use 

NPS facility models for space and function requirement and will be harmonious with and integrated into 

the park environment. They will also be subject throughout all phases of design and construction to 

the same code compliance; the same high standards of sustainable design, universal design, and 

functionality; and the same review and approval processes. NPS requirements for sustainable design 

and functionality include protection of the natural and cultural environments, resource conservation, 

energy conservation, pollution prevention, defensible space for fire safety, and fostering education 

about sustainable design and practices.

9.1.2 Accessibility for Persons with Disabilities

The Service will design, construct, and operate all buildings and facilities so they are accessible to and 

usable by persons with disabilities to the greatest extent reasonable, in accord with all applicable laws, 

regulations, and standards. This means that all new and altered buildings and facilities will comply with 

the General Services Administration’s regulations adopting accessibility standards for the Architectural 

Barriers Act of 1968 (41 CFR Part 102-76, Subpart C), and 43 CFR, Part 17, Subpart E, Enforcement of 

Nondiscrimination on the Basis of Disability in Programs or Activities Conducted by the Department of 
October 3, 2016 Page 36

Interior. It also means that some buildings and facilities will be modified to ensure that programs can be 

provided in an accessible location.

Accessibility will be provided consistent with preserving park resources and providing visitor safety and 

high-quality visitor experiences. In most instances, the degree of accessibility provided will be 

proportionately related to the degree of human-made modifications in the area surrounding the facility 

and the importance of the facility to people visiting or working in the park. Accordingly, most 

administrative offices, some overnight visitor accommodations, some employee housing, and most 

interpretive and visitor service facilities will be accessible. Undeveloped areas, such as those outside the 

immediate influence of buildings and roads, will not normally be modified, nor will special facilities be 

provided for the sole purpose of providing access to all segments of the population. Accessibility to 

facilities in threshold areas will be determined on the basis of topography, the significance of the 

attraction, the number of physical modifications being made to the environment, and the modifications 

necessary to ensure programmatic accessibility.

Transportation systems in parks, including water transportation, will have a sufficient percentage of fully 

accessible vehicles or watercraft to provide effective services to persons with disabilities. In the case of 

existing systems, the necessary vehicles will be provided on a replacement or retrofit basis. Until the 

transportation system has been made fully accessible, a separate accessible vehicle will be provided, or 

disabled persons will be allowed to drive their personal vehicles on otherwise-restricted roadways. In 

meeting the goal of accessibility, emphasis will be placed on ensuring that persons with disabilities are 

afforded experiences and opportunities along with other visitors to the greatest extent reasonable. 

Separate facilities for people with disabilities are not a substitute for full accessibility to other park 

facilities, but they may be allowed where the need for specialized services is clearly demonstrated.

9.2 Transportation Systems and Alternative Transportation

The location, type, and design of transportation systems and their components (e.g., roads, bridges, 

trails, and parking areas), and the use of alternative transportation systems, all strongly influence the 

quality of the visitor experience. These systems also affect, to a great degree, how and where park 

resources will be impacted. For these reasons, management decisions regarding transportation facilities 

require a full, interdisciplinary consideration of alternatives and a full understanding of their 

consequences. Traditional practices of building wider roads and larger parking areas to accommodate 

more motor vehicles are not necessarily the answer. The Service must find transportation solutions that 

will preserve the natural and cultural resources in its care while providing a high-quality visitor 

experience.

Depending on a park unit’s size, location, resources, and level of use, the Service will, where 

appropriate, emphasize and encourage alternative transportation systems, which may include a mix of 

buses, trains, ferries, trams, and—preferably—nonmotorized modes of access to and moving within 

parks. In general, the preferred modes of transportation will be those that contribute to maximum 

visitor enjoyment of, and minimum adverse impacts on, park resources and values.
October 3, 2016 Page 37

Before a decision is made to design, construct, expand, or upgrade access to or within a park, 

nonconstruction alternatives—such as distributing visitors to alternative locations—must be fully

explored. If nonconstruction alternatives will not achieve satisfactory results, then a development 

solution should consider whether the project

· is appropriate and necessary to meet park management needs or to provide for visitor use 

and enjoyment;

· is designed with extreme care and sensitivity to the landscape through which it passes;

· will not cause unacceptable impacts on natural and cultural resources and will minimize or 

mitigate those impacts that cannot be avoided;

· will reduce traffic congestion, noise, air pollution, and adverse effects on park resources and 

values;

· will not cause use in the areas it serves to exceed the areas’ visitor carrying capacities;

· will incorporate the principles of energy conservation and sustainability;

· is able to demonstrate financial and operational sustainability;

· will incorporate universal design principles to provide for accessibility for all people, 

including those with disabilities;

· will take maximum advantage of interpretive opportunities and scenic values;

· will not violate federal, state, or local air pollution control plans or regulations;

· is based on a comprehensive and multidisciplinary approach that is fully consistent with the 

park’s general management plan and asset management plan;

· will enhance the visitor experience by offering new or improved interpretive or recreational 

opportunities, by simplifying travel within the park, or by making it easier or safer to see park 

features.

9.2.2 Trails and Walks

Trails and walks provide the only means of access into many areas within parks. These facilities will be 

planned and developed as integral parts of each park’s transportation system and incorporate 

principles of universal design. Trails and walks will serve as management tools to help control the 

distribution and intensity of use. All trails and walks will be carefully situated, designed, and managed to

· reduce conflicts with automobiles and incompatible uses;

· allow for a satisfying park experience;
October 3, 2016 Page 38

· allow accessibility by the greatest number of people; and

· protect park resources.

Heavily used trails and walks in developed areas may be surfaced as necessary for visitor safety, 

accessibility for persons with impaired mobility, resource protection, and/or erosion control. Surface 

materials should be carefully selected, taking into account factors such as the purpose and location of a 

trail or walk and the potential for erosion and other environmental impacts.

The visitor use and management aspects of trails and walks are addressed in section 8.2.2, “Recreational 

Activities.” In addition, trail planning will take into account NPS interest in cooperating with federal, 

state, local, and tribal governments, as well as individuals and organizations, to advance the goal of a 

seamless networks of parks. These partnership activities are intended to establish corridors that link 

together, both physically and with a common sense of purpose, open spaces such as those found in 

parks, other protected areas, and compatibly managed private lands.

9.2.2.3 Equestrian Trails

Equestrian trails and related support facilities, such as feed boxes and hitch rails, may be provided when 

they are consistent with park objectives and when site conditions are suitable. Horse camps should be 

designed with user interest in mind and consistency with NPS policy. Photovoltaic systems should be 

evaluated to power any necessary water systems. Ramps for mounting the animals must be provided 

for persons with disabilities.

9.3 Visitor Facilities

While striving for excellence in visitor services, the Park Service will limit visitor facility development to 

that which is necessary and appropriate. Facilities like gas stations and grocery stores may be necessary 

to park use and enjoyment, but it does not necessarily follow that these facilities must be located inside 

a park. The Park Service will encourage the development of private sector visitor services in gateway 

communities to contribute to local economic development, encourage competition, increase choices for 

visitors, and minimize the need for in-park facilities. When visitor facilities are found to be necessary and 

appropriate within a park, they will be designed, built, and maintained in accordance with accepted NPS 

standards for quality and the NPS commitment to visitor satisfaction.

9.3.1 Informational and Interpretive Facilities

Informational and interpretive facilities may be provided to assist park visitors in appreciating and 

enjoying the park and understanding its significance, provided that the facilities can be developed 

without impairing the park’s natural or cultural resources.

(See Chapter 7: Interpretation and Education; Accessibility for Persons with Disabilities 9.1.2)

9.3.1.3 Visitor Centers
October 3, 2016 Page 39

When necessary to provide visitor information and interpretive services, visitor centers may be 

constructed at locations identified in approved plans. To minimize visual intrusions and impacts on 

major park features, visitor centers will generally not be located near such features. Where an in-park 

location would create unacceptable environmental impacts, authorization should be obtained to place a 

visitor center outside the park.

Visitor centers are not substitutes for personal or self-guiding on-site interpretation. They will be 

constructed only when it has been determined that indoor media are the most effective means of 

communicating major elements of the park story and that a central public contact point is needed.

As appropriate, a visitor center may include information services, sales of educational materials and 

theme-related items, audiovisual programs, museums, museum collections storage, exhibits, and other 

staffed or self-help programs and spaces necessary for a high-quality visitor experience. Additionally, the 

need for restrooms, drinking fountains, and other basic visitor requirements will be considered during 

the planning and design stage. The size and scope of all visitor centers will be evaluated using the 

Visitor Center Planning Model or similar tool before submitting any visitor center project to the Director 

for approval.

(See Park Management 1.4; Environmental Leadership 1.8; Nonpersonal Services 7.3.2; Integration of 

Facilities into the Park Environment 9.1.1.2; Accessibility for Persons with Disabilities 9.1.2;Museum 

Collections Management Facilities 9.4.2)

9.3.2 Overnight Accommodations and Food Services

Overnight facilities and food services will be restricted to the kinds and levels necessary and appropriate 

to achieve each park’s purposes. In many cases, overnight accommodations and food services are not 

needed within a park. In general, they should be provided only when the private sector or other public 

agencies cannot adequately provide them in the park vicinity. However, in-park facilities or services may 

be justified when the distance and travel time to accommodations and services outside the park are too 

great to permit reasonable use, or when leaving the park to obtain incidental services would 

substantially detract from the quality of the visitor experience. Certain activities, such as backcountry 

use, may require overnight stays. Types of overnight accommodations may vary from unimproved 

backcountry campsites to motel- or hotel-type lodging, as appropriate. Commercial facilities run by 

concessioners are addressed in greater detail in chapter 10.

(See Accessibility for Persons with Disabilities 9.1.2; Commercial Visitor Services Planning 10.2.2)

9.3.3 Comfort Stations

Comfort facilities will have waste disposal systems that meet Public Health Service standards. Levels of 

use will determine the size and nature of the utility systems provided. Low-water use or waterless (oil 

and composting) toilets will be considered in locations where there are water-supply and wastewaterdisposal problems. Chemical toilets in portable enclosures may be used for temporary purposes when 
October 3, 2016 Page 40

necessary. Vault toilets and composting toilets that meet public health standards may be used where 

development or expansion of utilities may not be practical or cost-effective. Pit privies that meet public 

health standards may suffice in areas of infrequent use and when utility services are not readily 

available.

(See General Policy 6.4.1; Backcountry Use 8.2.2.4; Accessibility for Persons with Disabilities 8.2.4; Water 

Supply Systems 9.1.5.1; Wastewater Treatment Systems 9.1.5.2; Campgrounds 9.3.2.1. 

9.4 Management Facilities

Where authorized by Congress, management facilities will be located outside park boundaries whenever 

the management functions being served can be adequately supported from such a location. When 

management facilities must be located inside the park, they will be located away from primary resources 

and features of the park and sited so as to not adversely affect park resources or values or detract from 

the visitor experience. Historic properties will be used to the maximum extent practicable, provided that 

the use will not affect their significance.

Modular, precut, or prefabricated structures may be used for management facilities, including 

administrative offices, employee housing, and maintenance structures, when products meeting design 

requirements are available. Standard plans will be modified to (1) reflect regional and park design 

themes and harmonize with the natural surroundings; (2) preserve the natural and cultural 

environments; (3) provide for resource conservation; (4) provide for energy efficiency or the use of 

renewable energy sources; (5) limit chemical emissions; and (6) foster education about sustainable 

design.

(See Park Management 1.4; Environmental Leadership 1.8; Use of Historic Structures 

5.3.5.4.7; Accessibility for Persons with Disabilities 8.2.4; Facility Planning and Design 9.1.1; Accessibility 

for Persons with Disabilities 9.1.2.

10 Commercial Visitor Services

Through the use of concession contracts or commercial use authorizations, the National Park Service will 

provide commercial visitor services that are necessary and appropriate for public use and 

enjoyment. Concession operations will be consistent to the highest practicable degree with the 

preservation and conservation of resources and values of the park unit. Concession operations will 

demonstrate sound environmental management and stewardship.

10.2.6.1 Design

Concession facilities will be of a size and at a location that the Service determines to be necessary and 

appropriate for their intended purposes. All concession facilities must comply with applicable federal, 

state, and local construction codes, and meet accessibility requirements as set forth in applicable 

accessibility guidelines. Proposed concession facilities must conform to NPS standards for sustainable 
October 3, 2016 Page 41

design, universal design, and architectural design. Concession development or improvement proposals 

must undergo review for compliance with the National Environmental Policy Act of 1969 and section 

106 of the National Historic Preservation Act (16 USC 470f), and proposals must be carried out in a 

manner consistent with applicable provisions of the Secretary of the Interior’s Standards and Guidelines 

for Archeology and Historic Preservation and other applicable legal requirements.

In addition to general park design requirements, the Park Service will apply value analysis during the 

design process to analyze the functions of facilities, processes, systems, equipment, services, and 

supplies. Value analysis must be used to help achieve essential functions at the lowest life-cycle cost, 

consistent with required performance, reliability, environmental quality, and safety criteria and 

standards.

10.2.6.2 Accessibility of Commercial Services

Concessioners share the National Park Service’s responsibility to provide employees and visitors with 

the greatest degree of access to programs, facilities, and services that is reasonable, within the terms 

of existing contracts and agreements. Applicable laws include, but are not limited to (1) regulations 

issued under the authority of section 504 of the Rehabilitation Act of 1973, as amended (43 CFR Part 

17), which prohibits discrimination on the basis of disability in programs or activities conducted by 

federal executive agencies; and (2) the Architectural Barriers Act of 1968, which requires physical access 

to buildings and facilities. Where there is no specific language identifying applicable accessibility laws 

in an existing concession contract, the Park Service will address the issue of compliance in the annual 

concession operating plan.

GLOSSARY

Accessibility— occurs when individuals with disabilities are able to reach, use, understand, or appreciate 

NPS programs, facilities, and services, or to enjoy the same benefits that are available to persons 

without disabilities. See also, “universal design.”

Universal design— the design of products and environments to be usable by all people to the greatest 

extent possible, without the need for adaptation or specialized design.
October 3, 2016 Page 42

NPS Section 504 Complaint Process Directive

EEO Technical Guidance

United States Department of the Interior

NATIONAL PARK SERVICE

1849 C Street , N.W.

Washington, D.C. 20240

IN REPLY REFER TO:

P4217 (0008)

September 5, 2008

National Park Service Equal Opportunity Technical Guidance Series No. 2008-001

To: Director

Deputy Directors

Associate/Assistant Directors

Regional Directors

USPP Chief

Regional EEO Managers

Regional Accessibility Coordinators

Superintendents

Subject: Complaints filed under Section 504 of the Rehabilitation Act of 1973, as Amended

The purpose of this directive is to communicate to you the Section 504 requirements and process for 

complaints of discrimination filed by visitors to our sites. Section 504 of the Rehabilitation Act of 1973, 

as amended, prohibits discrimination based on disability in federally conducted programs of the 

Department of the Interior (DOI). Section 504 provides for access to all programs, structural and nonstructural. Non-structural programs relate to the provision of policies, procedures, and effective 

communication for program participants and employees with disabilities.

Access must be provided to all existing programs, structural and non-structural, unless it can be 

determined that it would be a direct threat, would alter the fundamental nature of the program or be an 

undue burden (significant difficulty or expense based on the resources of the entity). If one of these 

exceptions is demonstrated, the Agency must provide an alternative, effective method of access.

Please direct any questions to Mary Denery at (202) 354-1868 of my staff.

/s/

Dianne A. Spriggs

Equal Employment Opportunity Program Manager

Attachments

1. Complaint Process 
October 3, 2016 Page 43

2. Section 504 Requirements for Self-Evaluation and Transition Plan

3. Complaint Flow Chart

Attachment 1

Complaint Process

The Section 504 process covers filing of complaint through complete resolution. The NPS EEO Program 

Office has established procedures as follows:

Incoming complaints are received directly from the complainant, Department of Justice, and the 

Department of Interior (DOI) Office of Civil Rights. The complainant has 180 days after the incident of 

alleged discrimination to file a complaint. Section 504 provides that the NPS attempt to achieve 

voluntary compliance.

Complaints received by units of the NPS must be forwarded to the EEO Program Office within 14 days. 

The NPS EEO Program Office will begin the complaint investigation process resulting in an investigation 

report produced by the NPS EEO Specialist.

The NPS EEO Specialist will establish a file that is a structured compilation and repository of all 

documents and information, within the agency’s possession, pertaining to the case. The investigation 

report will contain jurisdiction information, identification of the basis and issues, identification of the 

applicable legal theories, conclusions gathered from the analysis of the data or other evidence already 

gathered, description of the documentary, testimonial and statistical evidence, anticipated sequences of 

the case activities (including onsite visits if needed), anticipated timeframes for obtaining and analyzing 

evidence, and approach to complaint resolution.

Within 5 days of receipt of a complaint, the EEO Program Office will provide an acknowledgement letter 

to the complainant.

Within 45 days of the date of the receipt of the complaint, the EEO Program staff will review the 

complaint, communicate with the Park by telephone and/or electronic mail, and follow up with a 

written memorandum from the EEO Program Manager to the appropriate Regional Director noting the 

allegations, relevant requirements, and requesting a self-evaluation and transition plan. (See 

Attachment 2 for information concerning the self-evaluation and transition plan.) The memorandum will 

also request that steps be taken for resolution if the allegations are true and violate Section 504. For 

each new complaint received, the original self-evaluation and transition plan must be reviewed based 

on the current allegations.

The Regional Director’s status response and the self-evaluation and transition plan will be reviewed by 

the EEO Program staff within 60 days and a decision closing the complaint will be provided if no 

violation exists. If a violation exists, EEO Program staff will request further information and/or provide 

further clarification and technical assistance regarding Section 504 requirements.
October 3, 2016 Page 44

The DOI regulations implementing Section 504 provides that within 180 days of receiving a complaint, 

EEO Program Staff will notify the complainant of the results of its investigation. After the 180 day period 

the EEO Program staff will continue to monitor, as necessary by phone, electronic mail, or written 

memorandum, steps taken by the unit to resolve any violations.

EEO Program staff, based on its review and interactive communications with Regional staff and 

complainants, will establish timelines for resolutions. These timelines may be different for the various 

types of construction and non-structural actions necessary to achieve compliance. The goal for complete 

resolution is one year from the unit’s initial response to the EEO Program Office. It must be recognized 

that the resolution of some violations may be accomplished at little or no cost and time while others 

may require considerable cost over a much longer period of time. The EEO Program staff will work with 

all parties involved toward a resolution of violations in the shortest period of time possible. If the unit is 

still not in compliance, the case is then referred to the DOI Office of Civil Rights to conduct an on-site 

compliance review at the unit’s expense. Any correspondence from the EEO Program Office to a unit or 

complainant will be copied to the complainant and respondent. A status report will be required from the 

unit on a monthly or quarterly basis, depending upon the number and nature of actions required.

Section 504 also provides that the complainant, if dissatisfied with the findings regarding the allegations 

and the complaint resolution, has the right to file an appeal with the Deputy Secretary of the 

Department of the Interior within 90 days of receiving results of the investigation. The Department of 

the Interior shall notify the complainant of the results of the appeal within 60 days.

It is appropriate to initiate settlement negotiations at any time during an investigation of a Section 504 

complaint. The remedies to Section 504 violations should be tailored to cure the specific situation that 

gave rise to the alleged violation; i.e., to specifically address the issue (s) of the complaint.

Attachment 2

Section 504 Requirements for Self-Evaluation and Transition Plan

In accordance with Section 504 the Agency should conduct a self-evaluation of accessibility of its 

programs, policies, and practices to determine whether accessibility may be addressed through changes 

in the way such programs and services are provided. In the event that structural changes are necessary 

to meet the requirements of section 504, then a transition plan shall be developed setting forth the 

steps necessary to complete such changes. The transition plan should include the following:

Identify physical obstacles in the park that limit the accessibility of its programs or activity to individuals 

with disabilities.

Describe in detail the methods that will be used to make the program or facility readily accessible and 

usable.
October 3, 2016 Page 45

Specify the schedule for taking the steps necessary to achieve full program accessibility and if the 

transition plan is longer than one year, identify steps that will be taken during each year of the transition 

plan period.

Identify the person responsible for implementation of the transition plan.
October 3, 2016 Page 46

GLOSSARY OF TERMS AND DEFINITIONS

(ABA) Architectural Barriers Act. The ABA requires access to facilities designed, built or altered with 

Federal dollars or leased by Federal agencies. The law covers a wide range of facilities, including post 

offices, social security offices, prisons, and national parks. It also applies to non-government facilities 

that have received Federal funding, such as certain schools, public housing, and mass transit systems. 

Passed in 1968, the ABA stands as the first measure by Congress to ensure access to the built 

environment. Facilities that predate the law generally are not covered, but alterations or leases 

undertaken after the law took effect can trigger coverage.

(ABAAS) Architectural Barriers Act Accessibility Standards. This document contains scoping and 

technical requirements for accessibility to sites, facilities, buildings, and elements by individuals with 

disabilities. The requirements are to be applied during the design, construction, addition to, alteration, 

and lease of sites, facilities, buildings, and elements to the extent required by regulations issued by 

Federal agencies under the Architectural Barriers Act of 1968 (ABA).

(ADA) Americans with Disabilities Act. The ADA prohibits discrimination on the basis of disability in 

employment, State and local government services, transportation, public accommodations, commercial 

facilities, and telecommunications. Unlike the ABA, the ADA's coverage is not tied to the presence of 

Federal funding. For more information, contact a regional Disability and Business Technical Assistance 

Center (DBTACs) or the appropriate Federal agency.

(ADAAG) Americans with Disabilities Act Accessibility Guidelines. This document contains scoping and 

technical requirements for accessibility to buildings and facilities by individuals with disabilities under 

the Americans with Disabilities Act (ADA) of 1990. These scoping and technical requirements are to be 

applied during the design, construction, and alteration of buildings and facilities covered by titles II and 

III of the ADA to the extent required by regulations issued by Federal agencies, including the 

Department of Justice and the Department of Transportation, under the ADA.

(ANSI) American National Standards Institute. The Institute oversees the creation, promulgation and

use of thousands of norms and guidelines that directly impact businesses in nearly every sector: from 

acoustical devices to construction equipment, from dairy and livestock production to energy 

distribution, and many more. ANSI is also actively engaged in accrediting programs that assess 

conformance to standards – including globally-recognized cross-sector programs such as the ISO 9000 

(quality) and ISO 14000 (environmental) management systems.

(API) Asset Priority Index. The API is a balanced scorecard approach that allows park managers and 

decision-makers to compare the relative importance of facilities in relation to one another. This metric, 

in conjunction with other asset management considerations, can be used to create an overall asset 

management strategy. Parks faced with budget cuts and shrinking resources may use this metric as a 
October 3, 2016 Page 47

compelling, data-driven case for reducing maintenance to one facility type where similar facilities exist. 

Similarly, it may indicate where assets could be targeted for disposition during long-range planning, as 

well as project funding priorities.

(CFR) Code of Federal Regulations. The Code of Federal Regulations (CFR) annual edition is the 

codification of the general and permanent rules published in the Federal Register by the departments 

and agencies of the Federal Government. It is divided into 50 titles that represent broad areas subject to 

Federal regulation.

(CLR) Cultural Landscape Report. These reports serve two important functions: it is the principle 

treatment document for cultural landscapes and the primary tool for long-term management of those 

landscapes. A CLR guides management and treatment decisions about a landscape’s physical attributes, 

biotic systems, and use when that use contributes to historical significance.

(DBTAC) Disability and Business Technical Assistance Center. DBTACs perform a wide range of activities 

to promote public awareness of the ADA. The DBTACs provide ADA training and technical assistance to 

covered individuals and entities in order to facilitate employment for individuals with disabilities and 

accessibility in public accommodations and government services. 

(DO) Director’s Order. Director's Orders supplement and may amend Management Policies. Reference 

Guides or Manuals contain comprehensive information in support of field and programmatic operations. 

A typical handbook or reference manual will include relevant legislation, regulations, management 

policies, other instructions or requirements issued through a Director's Order, as well as examples, 

illustrations, recommended practices, forms, etc.

(EO) Executive Order. United States Presidents issue executive orders to help officers and agencies of 

the executive branch manage the operations within the federal government itself. Executive orders have 

the full force of law when they take authority from a power granted directly to the Executive by the 

Constitution, or are made in pursuance of certain Acts of Congress which explicitly delegate to the 

President some degree of discretionary power (delegated legislation). Like statutes or regulations 

promulgated by government agencies, executive orders are subject to judicial review, and may be struck 

down if deemed by the courts to be unsupported by statute or the Constitution.

(ETIC) Electronic Technical Information Center. The National Park Services’ electronic database of plans 

and other documents, site plans, floor plans, and construction documents.

(FMSS) Facility Management Software System. All work described in the PMIS project component will 

have parallel work identified in the associated parent component work order in FMSS.

(GMP) General Management Plan. Standard National Park Service operating procedures call for each 

unit within the system to develop, using the required National Environmental Policy Act (NEPA) public 

involvement process, a general plan to govern the agency’s management of that park unit.
October 3, 2016 Page 48

(GSA) Government Services Administration. The General Services Administration (GSA) is an 

independent agency of the United States government, established in 1949 to help manage and support 

the basic functioning of federal agencies. The GSA supplies products and communications for U.S. 

government offices, provides transportation and office space to federal employees, and develops 

government-wide cost-minimizing policies, and other management tasks.

(HSR) Historic Structures Report. The historic structure report is an optimal first phase of historic 

preservation efforts for a significant building or structure, preceding design and implementation of 

preservation, rehabilitation, restoration, or reconstruction work.

(IBC) International Building Code. The International Building Code (IBC) is a model building code

developed by the International Code Council (ICC). It has been adopted throughout most of the United 

States.

(IEBC) International Existing Building Code. The provisions of the International Existing Building Code 

shall apply to the repair, alteration, change of occupancy, addition and relocation of existing buildings.

(IDT) Integrated Design Team. The Integrated Design Team is the full group of people involved in the 

charrette at the park unit. This team may include architects, landscape architects, interpretive rangers, 

maintenance, facility manager, resource managers (natural and cultural), and accessibility technicians.

(NCA) National Center on Accessibility. NCA was established through a cooperative agreement 

between Indiana University and the National Park Service. Their research investigates the critical issues 

and challenges facing recreation professionals as they work to make their programs and facilities fully 

inclusive of people with disabilities. 

(NPS) National Park Service. The National Park Service (NPS) is an agency of the United States federal 

government that manages all U.S. national parks, many American national monuments, and other 

conservation and historical properties with various title designations.[1] It was created on August 25, 

1916, by Congress through the National Park Service Organic Act.

(ORAR) Outdoor Recreation Access Route. The outdoor recreation access route is a continuous 

unobstructed path designated for pedestrian use that connects accessible elements within a picnic area, 

camping area, or designated trailhead. Examples include the paths connecting parking spaces to a picnic 

or camp unit, or a picnic unit to a toilet building, or those connecting accessible picnic tables to other 

accessible camping elements. Outdoor recreation access routes do not include pathways such as 

sidewalks, pathways in amusement parks, visitor center, commercial theme parks, or carnivals and 

between buildings on college campuses.

(PMIS) Project Management Information System. A project management information system (PMIS) is 

the coherent organization of the information required for an organization to execute projects 

successfully. A PMIS is typically one or more software applications and a methodical process for 

collecting and using project information. These electronic systems "help [to] plan, execute, and close 
October 3, 2016 Page 49

project management goals."[1] PMIS systems differ in scope, design and features depending upon an 

organization’s operational requirements.

(SAP) Self-evaluation Services, Activities, and Programs Assessment. Documents the programs, 

services, and activities provided in each park area. 

(SETP) Self-evaluation and Transition Plan. A Self-evaluation and Transition Plan is a living plan that is 

reviewed and updated periodically to document work accomplished and identify new programs or new 

solutions for providing access. This plan for a park is to be used as a guide for staff to remove barriers to 

accessibility and to incorporate universal design, accessibility, and sustainability into future projects 

taking place throughout the park.

(UFAS) Uniform Federal Accessibility Standards. This document sets standards for facility accessibility 

by physically persons with disabilities for Federal and federally-funded facilities. These standards are to 

be applied during the design, construction, and alteration of buildings and facilities to the extent 

required by the Architectural Barriers Act of 1968, as amended.
October 3, 2016 Page 50

ABAAS Guide to the Standards - Chapter 2: Alterations, Additions, Leases 

This guide provides an introduction to the scoping requirements of the ABA Standards and is intended to 

be used with a complete copy of the ABA Standards since it does not contain or address the full content 

of the Standards. It is important that users familiarize themselves with the specific scoping requirements 

contained in the ABA Standards.

General [§F202.1]

Additions and alterations undertaken at existing facilities are covered 

by the ABA Standards. The extent of application is largely determined 

by a project’s scope of work as the standards apply to those elements 

or spaces that are altered or added. Additional requirements apply to 

projects that affect or could affect the usability of, or access to, an 

area containing a primary function. The standards also require certain 

elements and spaces to comply in existing facilities leased by Federal 

agencies.

Additions [§F202.2]

Projects that increase, expand, or extend a facility’s gross floor area 

or height of a facility are considered additions (as defined in §F106.5) 

and must comply with requirements of the standards applicable to 

new construction. However, existing elements and spaces affected by 

an addition are treated as alterations and qualify for certain 

allowances or exceptions that are not permitted in new construction.

Application of the Standards in Additions

Additions, 

alterations, and leasing actions 

may require retrofit of existing 

elements. Existing elements 

that meet earlier editions of 

the ABA standards, such as the 

Uniform Federal Accessibility 

Standards, do not have to be 

modified to meet the current 

standards unless altered 

(§F203.2).
October 3, 2016 Page 51

Requirements for Additions

If not included in an addition, these elements and spaces must be made accessible in the existing 

facility, where provided:

 toilet and bathing facilities for each sex (an accessible unisex facility is allowed where only 1 

toilet or bathing facility is provided or where compliance to multi-user facilities is technically 

infeasible)

 a public telephone

 a drinking fountain

At least 1 accessible route is required from site arrival points (accessible parking, passenger loading 

zones, public streets and sidewalks, and transit stops, where provided) to an accessible addition 

entrance. If the addition does not have its own entrance, an entrance of the existing facility must be 

made accessible to serve the addition and an accessible route must serve all accessible spaces and 

elements of the addition.
October 3, 2016 Page 52

These requirements apply fully to all additions. Cost caps based on “disproportionality” are not 

recognized for additions (but are permitted for a path of travel to altered primary function areas).

Alterations [§F202.3]

Alterations are defined in the standards (§F106.5) as “a change in a building or facility that affects or 

could affect the usability of a building or facility or portion thereof.” Many types of projects are covered 

as “alterations,” including remodeling, renovation, rehabilitation, reconstruction, restoration, 

resurfacing of circulation paths or vehicular ways, and changes or rearrangement of structural parts, 

elements, or walls. Normal maintenance, reroofing, painting or wallpapering, or changes to mechanical 

and electrical systems are not considered alterations unless they affect a facility’s usability. For example, 

a project limited to an HVAC system that includes the addition of thermostats would affect a facility’s 

usability because it involves elements (operable parts) covered by the standards.

The standards ensure that the opportunities for accessibility presented by an alteration are taken. How 

and to what extent the standards apply is determined by the scope of a project and the elements and 

spaces altered. Only those elements or spaces altered are required to comply, but alterations made to 

areas containing a primary function (a major activity for which a facility is intended) also require an 

accessible path of travel.
October 3, 2016 Page 53

Application of the Standards in Alterations

If alterations are limited only to elements in a room or space, then the standards apply only to the 

elements altered. Similarly, where spaces are altered, the standards apply to those spaces that are 

altered. If a room or space is completely altered (or built new as part of an alteration), the entire room 

or space is fully subject to the standards. Compliance is required to the extent that it is technically 

feasible.
October 3, 2016 Page 54

Example: Toilet Room Alterations

In a restroom project involving alterations to the toilet, grab bars, faucet 

controls, and mirror, the standards apply to these elements but not to those 

that remain unaltered. In more extensive projects where additional 

elements are altered, application of the standards is greater, 

commensurate with the scope of work.

Recommendation: While only those elements altered are required to comply, it is advisable to 

maximize opportunities for accessibility in alterations. Alteration of multiple elements in a room or 

space may provide a cost-effective opportunity to make the entire room or space fully accessible.

The standards do not require alterations to exceed the level of access required in new construction. For 

example, spaces that are exempt in new construction are also exempt in alterations.

Prohibited Reduction in Access

New construction requirements also set the baseline for any alteration that would effectively reduce 

existing accessibility. Alterations that reduce accessibility below the level that would be required in new 

construction are prohibited. Reductions in access are allowed only where, and to the extent that, the 

minimum level required in new construction is exceeded. For example, if an alteration will reduce the 

number of parking spaces on a site, accessible parking spaces can be proportionately reduced as long as 

the minimum required in new construction (based on the parking facility’s new total) is met. Elements 

that are not required by the standards to be provided for accessibility, such as phones, can be 

completely removed from a site.
October 3, 2016 Page 55

Special Provisions for Alterations

The standards apply the same requirements used in new construction to alterations but also include 

provisions unique to alterations. Some provisions clarify application, while others are structured as 

exceptions that limit coverage or relax technical criteria under certain conditions. Located throughout 

the standards at the relevant scoping or technical requirement, these provisions and exceptions are 

distinguished by references to “alterations” or “existing facilities.”

Vertical Access

An accessible route to stories and mezzanines is required in alterations (or additions) where 

stairs or escalators are added where none existed previously and major structural modifications 

are necessary (§F206.2.3.1) (or as needed to provide an accessible path of travel to an altered 

primary function area if not disproportionate to the cost (§F202.4)), unless the building is exempt 

from the requirement for access between stories.

Elevators

If elevators are altered, all cars programmed to respond to the same call control must be similarly 

modified (§F206.6.1).

Fire Alarms

Compliant fire alarm systems are required only in alterations where fire alarm systems are 

installed new, replaced, or upgraded (§F215.1, Ex. 1).

Ramps

Slightly steeper running slopes are permitted for short ramps (maximum 6” rise) where space is 

limited (§405.2, Ex.).

Stairs

Full handrail extensions at stairs are not required where they would project hazardously into 

circulation paths (§505.10, Ex. 3).
October 3, 2016 Page 56

Technical Infeasibility

Compliance in an alteration is not required where it is “technically infeasible.” The term is defined as 

“something that has little likelihood of being accomplished because existing structural conditions would 

require removing or altering a load-bearing member that is an essential part of the structural frame; or 

because other existing physical or site constraints prohibit modification or addition of elements, spaces, 

or features that are in full and strict compliance with the minimum requirements.”

Where technical infeasibility is encountered, compliance is still required to the maximum extent 

technically feasible.

Example of Technical Infeasibility

It may be technically infeasible in an alteration to enlarge a toilet room confined in size by 

structural supports, elevator shafts, mechanical rooms and chases, stairways, or required egress 

routes not affected by the project. In this case, the toilet room must be sized and other 

requirements, including those for plumbed fixtures, must be met to the maximum extent 

technically feasible. However, the concept of technical infeasibility remains relative to the 

planned scope of work. If the entire building is significantly renovated or gutted, constraints of 

this type would likely not exist.
October 3, 2016 Page 57

Other examples where compliance could potentially be technically infeasible include:

 conflicts with applicable building, plumbing, life safety or other codes (such as when combining 

two toilet stalls to create an accessible stall would violate the plumbing code’s required fixture 

count);

 meeting slope requirements on existing developed sites located on steep terrain where necessary 

re-grading and other design solutions are not feasible; or

 work that would impact load-bearing walls and other essential components of the structural 

frame, including structural reinforcement of the floor slab.

Alterations Affecting Primary Function Areas [§F202.4]

Additional requirements apply when alterations are made to areas containing a “primary function,” 

which is a major activity intended for a facility. Examples of primary function areas include dining areas 

of a restaurant, retail space in a store, exam rooms in a doctor’s office, classrooms in a school, and 

offices and other work areas where the activities of a covered entity are carried out. Spaces not 

considered primary function areas include entrances, corridors, restrooms, break rooms, employee 

locker rooms, and mechanical or electrical closets. Restrooms are not primary function areas unless 

their provision is the primary purpose of a facility, such as a highway rest stop.

Accessible Path of Travel

When alterations are made to a primary function area, an accessible path of travel to the area must be 

provided. The accessible path of travel must extend from the altered primary function area to site arrival 

points, including public sidewalks and parking and passenger loading zones provided on the site. The 

path of travel also includes access to restrooms, telephones, and drinking fountains, where provided to 

serve the primary function area.

Disproportionality (20%)

The accessible path of travel is required to the extent that it is not “disproportionate” to the total cost. 

Regulations and directives implementing the standards define “disproportionate” as exceeding 20% of 

the total cost of alterations to the primary function area. The 20% cap applies only to costs associated 

with the accessible path of travel, including an accessible route to the primary function area, entrances, 

and retrofits to restrooms, telephones, and drinking fountains.

Prioritization
October 3, 2016 Page 58

Compliance is required up to the point the 20% cost cap is reached, even 

where it does not result in a fully accessible path of travel. Where costs 

exceed this cap, ABA standard-setting agencies recommend compliance 

in this order of priority:

1. an accessible entrance

2. an accessible route to the primary function area

3. restroom access

4. an accessible telephone

5. an accessible drinking fountain

6. accessible parking

Additional information on 

the requirements for 

alterations to primary 

function areas is provided 

in regulations and 

directives implementing 

the ABA standards.
October 3, 2016 Page 59

Accessible Path of Travel
October 3, 2016 Page 60

Alterations to Qualified Historic Facilities [§F202.5]

The standards contain specific provisions for qualified historic 

facilities which are defined as buildings or facilities that are “listed in or eligible for listing in the National 

Register of Historic Places or designated as historic under an appropriate State or local law.”

Like other existing facilities, the requirements for alterations apply in relation to the planned scope of 

work. Alterations provisions and exceptions, including those based on technical infeasibility, and 

requirements for path of travel to primary function areas, apply equally to historic facilities.

The standards also provide several exceptions where compliance with the standards would threaten or 

destroy the historic integrity or significance of a facility as determined by the appropriate State Historic 

Preservation Official or Advisory Council on Historic Preservation. These exceptions apply to 

requirements for accessible routes (§F206.2) entrances (§F206.4), and toilet rooms (§F213.2).
October 3, 2016 Page 61

Leases [§F202.6]

Existing facilities leased in whole or in part by federal agencies must meet a 

minimum level of access specified in the standards. These requirements 

apply when a new lease is negotiated, even when the space was previously 

occupied by a federal agency. Compliance is not required at facilities that 

are either leased:

 for 12 months maximum without renewal or extension options; or

 on a temporary, emergency basis for government officials providing 

disaster relief services.

Certain elements, spaces, and routes are required to comply to ensure a 

minimum level of usability. Other elements are required to comply only if 

altered or added. Facilities that are built for leasing by federal agencies 

must fully comply with standards as new construction.

The General 

Services Administration 

(GSA) leases facilities on

behalf of many federal 

agencies. Regulations

from GSA and other 

agencies implementing 

the ABA standards 

further explain leasing

actions covered.
October 3, 2016 Page 62

Requirements for Federally Leased Space
October 3, 2016 Page 63
October 3, 2016 Page 64

Common Questions

What requirements of the standards apply in an alteration?

Application of the standards in an alteration is determined by the scope of work and whether it involves 

areas containing a primary function. Altered elements or spaces must comply with relevant provisions of 

the standards except where compliance is technically infeasible. Where compliance is technically 

infeasible, compliance is required to the maximum extent feasible. If alterations are made to an area 

containing a primary function (a major activity for which a facility is intended), an accessible path of 

travel from the area to site arrival points, as well as the restrooms, telephones, and drinking fountains 

serving the area, must be made accessible as part of the work to the extent it is not “disproportionate” 

(more than 20% of the total cost).

How is “technically infeasible” determined in an alteration?

Determining “technical infeasibility” requires a site-specific assessment of constraints or complications 

in relation to the planned scope of work. The term, as defined in the standards (§106), is intended to 

encompass design, site, engineering or other constraints that prohibit compliance. Examples include 

work that would impact a facility’s structural frame or that would conflict with applicable codes or 

building requirements.

Do the standards apply to existing facilities that are not being altered?

The ABA Standards only address existing facilities where alterations or additions occur or where facilities 

are leased by federal agencies. However, the Rehabilitation Act (section 504) requires access to federally 

funded or conducted programs and may necessitate retrofits to existing facilities where no other 

alterations are planned. The obligation to provide “program access” can sometimes be satisfied 

operationally, such as by relocating a program, but retrofits to remove existing access barriers are often 

necessary.