---
kind: "section"
citation: "45 C.F.R. § 1303.42"
title: "45"
number: "1303.42"
heading: "Eligibility to purchase, construct, and renovate facilities."
url: "https://uscodex.org/cfr/45/1303.42"
---

# §1303.42. Eligibility to purchase, construct, and renovate facilities.


Before a grant recipient can apply for funds to purchase, construct, or renovate a facility under [§ 1303.44](/cfr/45/1303.44.md), it must establish that:

- (a) The facility will be available to Indian Tribes, or rural or other low-income communities;
- (b) The proposed purchase, construction, or major renovation is within the grant recipient's designated service area;
- (c) The proposed purchase, construction, or major renovation is necessary because the lack of suitable facilities in the grant recipient's service area will inhibit the operation of the program; and
- (d) The proposed construction of a facility is more cost-effective than the purchase of available facilities or renovation.

## Notes

### Amendments

[89 FR 67816, Aug. 21, 2024]

### Authority

Authority: 42 U.S.C. 9801 et seq.

### Source

Source: 81 FR 61412, Sept. 6, 2016, unless otherwise noted.

### Amendments

[89 FR 67816, Aug. 21, 2024]